Delta 8 THC in North Dakota: Is it Legal?

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In North Dakota, you can buy products with hemp-derived CBD, Delta-9 THC, and other cannabinoids, but unfortunately, not Delta-8. Delta 8 THC is a cannabinoid found in the hemp plant that has rapidly expanded in popularity nationwide with promising applications in both the medical and recreational fields. While Delta 8 THC features familiar chemical properties to Delta 9 THC, the main chemical found in common marijuana, it has completely different effects and generally less potency for its users.

But is Delta 8 THC legal in North Dakota?

Related article: What is Delta 8 THC?

You Can Buy Select Spectrum in North Dakota 

Hemp-derived Delta-8 is banned in North Dakota, buy you can still buy Select Spectrum. So what does the term "Select Spectrum" mean?  Select Spectrum is a balanced hemp-derived blend featuring multiple cannabinoids. This includes CBD, Delta-9 THC, and other compounds from hemp. Just by themselves, cannabinoids have distinct properties. Together, their effects can compliment each other. To many cannabis enthusiasts, this is known as the "entourage effect." 

10mg of CBD, 10mg of Delta-9, and other cannabinoids can be found in each Select Spectrum gummy. Plus, since Select Spectrum meets federal hemp standards, you can buy these products online with credit or debit. So although Delta-8 is not legal in North Dakota, Select Spectrum can be a great alternative for someone looking for a similar degree of effects. 

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No, Delta 8 THC is not legal in North Dakota

At this time 09/22/2021, Delta 8 THC is not legal according to North Dakota state law. The North Dakota legislature held an emergency hearing in 2021 to amend their hemp bill (HB 1045). These amendments specifically made Delta 8 THC (as well as other THC chemicals) illegal in the state.

Unfortunately, North Dakota has not taken a page from neighboring states regarding it's regulations. Other states in the area like Delta 8 THC in Minnesota and Delta 8 THC in South Dakota still have Delta 8 THC legal.

The Bill:



1. "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-9total tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basisin an amount determined by the commissioner. The term does not include any commodity or product using hemp which exceeds the allowable amount of total tetrahydrocannabinol determined by the commissioner.

2. "Tetrahydrocannabinol" means delta - 9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including:

a. Delta - 7 tetrahydrocannabinol;

b. Delta - 8 tetrahydrocannabinol; and

c. Delta - 10 tetrahydrocannabinol.

3. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy - seven thousandths plus the percentage of weight of tetrahydrocannabinol.


Cannabis Policy in North Dakota

After a promising medical marijuana program, North Dakota became the 25th state to eliminate jail time for low-level marijuana possessions and there have been pushes to legalize, regulate, and tax marijuana for recreational use by adults 21 and older. 

It's unfortunate to see that they are one of first states to outright ban Delta 8 THC. But on the other hand, you can still purchase Select Spectrum which has CBD, Delta-9 THC, and other cannabinoids. 

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