February 20, 2021 5 min read

Delta-8-THC, a mildly psychoactive hemp cannabinoid, has gained legal federal status, but is Delta-8-THC legal in North Dakota?

Unfortunately, North Dakota is one of the few states that has banned all forms of THC outright, including Delta-8-THC made from hemp. It's unclear if that rule could change in the future. Here's what we know about North Dakota Delta-8-THC Laws for now:

Shopping from a state where Delta-8 is legal? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
North Dakota Delta-8-THC Laws
Is Delta-8 a Controlled Substance in North Dakota?
Delta-8-THC Possession Limits in North Dakota
Is Delta-9-THC Legal in North Dakota?
Where to Buy Delta-8 in North Dakota
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • North Dakota broadly legalized hemp and all of its derivatives, but has expressly banned all forms of THC, including Delta-8. 
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp in states where it is legal. You may be able to find it in states surrounding North Dakota, but it is not available in stores in the state. 

North Dakota Delta 8 THC Laws

North Dakota moved to legalize hemp some time after the 2018 Farm Bill became law. This legislation subsequently legalized CBD and other hemp derivatives, extracts, cannabinoids, isomers, and salts of isomers.

Many people expected North Dakota’s laws to match their hemp-restricted neighbor, Montana, where Delta-8 is illegal. Subsequently, North Dakota House Bill 1045 explicitly states that delta 8 THC is prohibited in this state. In fact, North Dakota is one of only a handful of states that has banned all forms of THC, including Delta-9-THC and others. 

To put it briefly, Delta-8-THC is illegal in North Dakota. 

 

Here are some excerpts from North Dakota state law:

TITLE 4.1 AGRICULTURE. CHAPTER 4.1-18.1 HEMP

4.1-18.1-01. Hemp (cannabis sativa L.).

“Hemp” means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

CHAPTER 19-03.1 UNIFORM CONTROLLED SUBSTANCES ACT

19-03.1-01. Definitions.

  1. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1.

19-03.1-05. Schedule I.

  1. Hallucinogenic substances. n. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant; excluding tetrahydrocannabinols found in hemp as defined in title 4.1; such as the following:

(1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other names: Delta-9-tetrahydrocannabinol.

(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic

positions covered.)

Hemp plants in full bloom, the only source of Delta-8-THC that is federally legal. Is Delta-8 a Controlled Substance in North Dakota?

It's unclear whether North Dakota considers Delta-8-THC to be a Controlled Substance in the state. Delta-9 is classified as a Controlled Substance, and Delta-8 is illegal, but possibly under different classifications when it is made from hemp material. 

Delta 8 THC Possession Limits in North Dakota

In North Dakota, there are no defined possession limits for legal hemp material. Because Delta-8 is illegal, there are also no possession limits set forth for Delta-8 products.

Is Cannabis (Delta 9 THC) Legal in North Dakota?

North Dakota voters passed Measure 5 in 2016, which enacted the North Dakota Compassionate Care Act. This measure legalized medical cannabis in the state for qualifying patients. Recreational cannabis is still prohibited in the state.

North Dakota enforces harsher punishments for illegal cannabis possession than most states. Illicit possession of up to one half ounce can result in fines of up to $1,000. Additional offenses or larger amounts are subject penalty but larger fines and/or prison time.

Where to Buy Delta 8 in North Dakota?

Delta-8 vaporizers, a popular dosing style where Delta-8-THC is legal, including North Dakota.

Delta-8 is illegal in North Dakota and is not legally sold in the state. However, many nearby states also allow Delta-8 manufacturing, like South DakotaMinnesota, and Wyoming. Of course, regulations vary greatly and product quality may be in question. It is also likely illegal to transport Delta-8 over state lines. 

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in North Dakota?

Because Delta-8 is not legal, there are no age limits set for the purchase of Delta-8 products in North Dakota.

There are also no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of hemp products, but many retailers require consumers to be at least 21 years of age.

Vida Optima Elev8 Candy

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is illegal in North Dakota according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Shopping for Delta-8 from a legal state? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “North Dakota Century Code t04.1c18.1” https://www.legis.nd.gov/cencode/t04-1c18-1.pdf
  5. “CHAPTER 19-03.1 UNIFORM CONTROLLED SUBSTANCES ACT” https://www.legis.nd.gov/cencode/t19c03-1.pdf
  6. “INITIATED CONSTITUTIONAL MEASURE NO. 5” https://vip.sos.nd.gov/pdfs/Measures%20Info/2016%20General/Measure%205.pdf

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