Is CBD Legal in North Dakota?

by Kat Austin December 09, 2020 6 min read

Is CBD Legal in North Dakota? - VO Inc

North Dakota has a medical cannabis program and has loosened regulations on hemp products, but navigating the laws can still be confusing. Is CBD legal in North Dakota?

Yes, CBD is legal and widely accessible throughout the state. North Dakota promotes hemp agriculture, allowing most CBD products with minimal restrictions.

Familiarizing yourself with North Dakota CBD laws, including where to buy CBD oil, hemp flower, and other products, will help ensure you're purchasing legal and quality CBD in North Dakota.

Let's dig in:

 

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 minimal regulations, but this can impact product quality.
  • Hemp-derived CBD is accessible without a prescription, while marijuana-derived CBD requires a medical cannabis card.
  • Many online CBD brands ship legal CBD products to North Dakota for buyers 18 and older.

Legal Concerns About CBD

A U.S. map showing North Dakota and surrounding states
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

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?

North Dakota's hemp laws, established under HB 1349 and HB 1113, allow for the legal production and sale of hemp-derived CBD products with less than 0.3% THC, while medical cannabis-derived CBD is restricted to patients with a medical card.

Here are the details:

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?

CBD is generally accessible in North Dakota, though some products, like smokable hemp flower or vaporizers, may not be suitable for all ages.

While there are no statewide age restrictions, local laws or vendors often require buyers to be 21, similar to tobacco regulations. Many online CBD stores ship to customers 18 and older in 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.

FAQ - Is CBD Legal in ND?

Is CBD illegal in North Dakota?

No, CBD is legal in North Dakota. Under North Dakota CBD laws, hemp-derived CBD products containing less than 0.3% THC are permitted for sale and use. However, it's important to buy from reputable CBD stores in ND to ensure the products comply with state regulations.

Is Delta 8 banned in North Dakota?

Yes, Delta 8 THC is banned in North Dakota. The state classifies it as a controlled substance, making it illegal to sell, possess, or use Delta 8 products.

Are edibles legal in North Dakota?

Yes, CBD edibles are legal in North Dakota as long as they meet the state's THC limit of 0.3% or less. However, consumers should check local CBD stores in ND to ensure products are compliant with North Dakota hemp laws.

What states don't allow CBD?

As of 2024, CBD is legal in most states, but states like Idaho and South Dakota have stricter laws that can limit access to certain types of CBD products. Always check local laws before purchasing CBD.

Are CBD gummies legal to fly with?

Yes, CBD gummies are legal to fly with if they contain less than 0.3% THC, in accordance with federal law. Make sure to check the legality in your destination state, including North Dakota CBD laws, before traveling.

Can CBD be taken across state lines?

Yes, CBD derived from hemp containing less than 0.3% THC can legally be taken across state lines under federal law. However, it’s advisable to check the specific CBD regulations in each state you’re traveling through, including North Dakota.

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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