Delta-8-THC, a mildly psychoactive hemp cannabinoid, has gained legal federal status, but is Delta-8-THC legal in North Dakota?
Luckily, yes! The state has legalized all hemp derivatives and made special exceptions that exclude hemp-derived tetrahydrocannabinols from the list of Controlled Substances in the state. That means that you might be able to find Delta-8 in North Dakota Stores, or you can easily get it online and have it shipped right to your door.
Before you buy Delta-8 in the state, take a look at North Dakota’s Delta-8-THC laws:
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?
Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.
More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.
In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.
Here's the catch:
Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.
So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?
To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.
The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.
In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.
The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.
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.
At first, many people expected North Dakota’s laws to match their hemp-restricted neighbor, Montana, where Delta-8 is illegal.
Thankfully, the state went further to amend the Controlled Substances Act to make an exception for “tetrahydrocannabinols in hemp,” making Delta-8-THC derived from hemp legal in the state.
Here are some excerpts from North Dakota state law:
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.
19-03.1-05. Schedule I.
(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
Nope! North Dakota specifically amended their Controlled Substances list to clarify that tetrahydrocannabinols found in hemp are specifically excluded from the schedule where cannabis-derived tetrahydrocannabinols are listed as Schedule I Substances.
In North Dakota, there are no defined possession limits for legal hemp material.
Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.
Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.
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.
According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. If you’re looking to buy Delta-8-THC in North Dakota, you may be in luck!
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 Bloom Society, 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.
There are 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 Delta-8 products, but many retailers require consumers to be at least 21 years of age.
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 legal 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.
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