Delta 8 THC in North Dakota: Is it Legal?

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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?

Yes, Delta 8 THC is legal in North Dakota

As of today (10/29/2020), Delta 8 THC is legal according to North Dakota state law. Like the federal law, North Dakota has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.

It seems that North Dakota has 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 have similar regulations.

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The bill follows:


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.

(Full Bill)


19-03.1-01. Definitions.

18. “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.

5. 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.)

(Full Bill)

Cannabis Policy in North Dakota

After a promising medical marijuana program, North Dakota becoming the 25th state to eliminate jail time for low-level marijuana possessions and a petition to legalize, regulate and tax marijuana for adult use getting fast signatures, the future was looking bright for legalization.

Unfortunately, due to the coronavirus outbreak, the amount of signatures needed to put legalization on the ballot wasn't reached and sales of medical marijuana were slowed due to stay-at-home orders. We encourage you to reach out to your local and state lawmakers to voice your opinion on legalization.

Buy Delta 8 THC online in North Dakota 

In North Dakota and want to get your hands on some Delta 8 THC? We ship all of our top notch Delta 8 THC Products right to you in safe and discreet packaging.

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