December 09, 2020 6 min read

A U.S. map showing North Dakota and surrounding states

North Dakota has implemented a medical cannabis program, and they have loosened their standards on hemp products, but the laws are still confusing to navigate.

Is CBD legal in North Dakota? And can you access it without a qualifying medical card?

Generally speaking, yes, CBD is both legal and accessible across the state of North Dakota.

The state has promoted hemp agriculture within the state in an attempt to secure a fruitful position in the hemp market. Most CBD products are legal with very few restrictions.

Understanding North Dakota CBD laws can help you determine how and where to buy legal, quality CBD near you.

Table of Contents
Legal Concerns About CBD
What are the CBD laws in North Dakota?
Is full spectrum CBD legal in North Dakota?
Does North Dakota have a CBD possession limit?
Can doctors prescribe CBD in North Dakota?
Where to buy CBD in North Dakota?
Can you buy CBD at 18 in North Dakota?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

  • CBD is legal in North Dakota with very few regulations or restrictions. This makes CBD accessible, but also makes the quality of products questionable.
  • You can access CBD without a prescription, but marijuana-derived CBD products may only be available as part of the state’s medical cannabis program.
  • In order to ensure that the products you choose are safe and potent, you may consider shopping online. Many online CBD brands ship legal CBD products to North Dakota to buyers aged 18 and up.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Multiple bottles of CBD oil, which may be easily accessible in North Dakota thanks to lax CBD laws.

What are the CBD laws in North Dakota?

Soon after the 2018 Farm Bill passed into law, North Dakota followed suit with HB 1349. This bill laid the bones for a hemp pilot program in the state and officially defined hemp as an "agricultural commodity" that could be grown, processed, and marketed.

The bill granted authority over hemp production in the state to the North Dakota Department of Agriculture. The hemp plans included various regulations for growing testing, and labeling, and defined hemp according to the federal definitions. Thanks to this updated legislation, hemp products are any product derived from cannabis with less than 0.3% THC.

Later, the state also passed HB 1113, a bill that amended the state's definition for "marijuana" to remove any mention of hemp. Thus, hemp-derived products were removed from the state's controlled substance list, eliminating the legal penalties for the possession of hemp products.

The state does have a medical cannabis program that makes cannabis-derived CBD accessible to qualifying patients. This type of CBD is only accessible with a state-issued medical card and is otherwise prohibited.

North Dakota is one of many states with very relaxed laws concerning the types of CBD products that can be made and sold in the state. Like in Missouri, Nebraska, and Maine, the legislation in North Dakota fails to specify any restrictions on CBD edibles, consumables, or smokables. Therefore, virtually any CBD products derived from hemp are legal in the state.

Is full spectrum CBD legal in North Dakota?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, North Dakota has no laws restricting full spectrum CBD products that contain 0.3% THC or less.

Does North Dakota have a CBD possession limit?

North Dakota has not set possession limits for hemp-derived CBD products. Products that contain more than 0.3% THC or are derived from cannabis and not hemp are only accessible through the state’s medical program. Cannabis products are subject to different possession limits.

Can doctors prescribe CBD in North Dakota?

You don’t need a prescription to get CBD in North Dakota. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in North Dakota?

A CBD oil tincture, one of the most popular types of CBD products legally available in North Dakota.

North Dakota imposes very few restrictions on CBD manufacturers and vendors, so CBD products are freely available in grocery markets, convenience stores, and health stores across the state. Still, the lack of regulations means that not all CBD products found in the state are safe and effective.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in North Dakota?

In theory, CBD should be accessible to people of all ages, especially since it gained popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

Still, the legal age to buy CBD is unclear, often on both the state and federal level. Although there are no statewide laws in North Dakota that impact purchasing age, laws may vary by the local jurisdiction, but generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it's possible that most CBD vendors will require buyers to meet this minimum age requirement as well.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to North Dakota.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in North Dakota, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “North Dakota House Bill 1349” https://legiscan.com/ND/text/1349/id/1975486
  3. “North Dakota Department of Agriculture Hemp Program” https://www.nd.gov/ndda/plant-industries/hemp
  4. “House Bill No. 1113” https://www.legis.nd.gov/assembly/66-2019/documents/19-8043-04000.pdf

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