North Dakota is known for its extensive agricultural production of wheat, peas, beans, honey, flaxseed and canola. But where does it stand on hemp?
Many growers and processors are licensed to grow hemp for the use of CBD products in the state, and both marijuana-derived and hemp-derived CBD is legal in the state of North Dakota.
That said, recent changes have taken effect that limit the type of CBD retailers can sell, effectively banning purely synthetic hemp-derived products, like Delta-THC.
CBD Laws in North Dakota: What You Need to Know
In 2019, North Dakota legalized hemp-derived CBD through HB 1349. The bill classified CBD as any hemp product that contains 0.3% or less THC, a psychoactive compound found in most cannabis plants.
But it didn’t just legalize the usage of CBD — it also allowed for residents to cultivate and process hemp plants within the state.
Another legislation, HB 1113, further reimaged hemp within North Dakota, effectively removing it from the North Dakota list of controlled substances. This, however, does not apply to marijuana, which contains more than 0.3% THC.
That said, as of August 2023, it’s been reported that a Senate bill will take effect that prohibits synthetic hemp products like the Delta variant THC, THC-O and HHC, and those with psychotropic drugs. Broad spectrum, full spectrum and isolates of CBD and CBG (another type of cannabinoid) are still allowed for sale — as long as their THC contents do not exceed 0.3%.
To become a licensed hemp grower or processor, residents must apply through the Commissioner for Agriculture and submit two forms:
- Hemp Pilot Project Proposal Form – Applicants must include the information of the company from which they plan to buy hemp seeds. They must also include a description of their plot and the planned use for the seeds, whether it’s to cultivate fiber, grain or CBD.
- Criminal History Request Form – Applicants who have been convicted of a drug-related felony within the last 10 years are not eligible to apply for a growers or processors license.
The labels of hemp products are also regulated. More specifically, they must include:
- Manufacturer’s name
- Manufacturer’s registration details
- Date of when the product was made
- Potency of THC and CBD
- Ingredients list
- Expiration date and activation time
- A statement that warns that the product has not been approved by the FDA and cannot be used to treat, cure or prevent any medical condition
In terms of possession, there are no limits for hemp-derived CBD in North Dakota. However, those with medical marijuana cards can only purchase three ounces of marijuana-derived CBD in a span of 30 days.
Is CBD Legal in North Dakota?
The legalization of medical marijuana came before the legalization of CBD. In 2016, North Dakota introduced Measure 5, which legalized marijuana products for qualified patients. More specifically, the Division of Medical Marijuana was able to provide licenses to marijuana manufacturers and dispensaries, which are called compassion centers.
In 2017, the measure was amended to criminalize growing marijuana plants from home.
Then, in 2019, HB 1050 decriminalized possession of small amounts of marijuana. Namely, less than 0.5 ounces. From then on, those caught with limited amounts of the plant did not need to pay a fine and were not at risk of jail time.
In 2021 a bill was rejected that would have permitted the cultivation, processing and sale of marijuana by small businesses. Then, HB 1501 sought to impose a 15% tax on recreational marijuana pending legalization. However, that too was rejected. Additional legislation to legalize recreational marijuana was again introduced in 2022 and 2023 but to no avail.
If and when recreational marijuana is legalized in the state, marijuana-derived CBD will also become legal to the general public. However, this isn’t currently the case.
Can I Buy CBD in North Dakota?
Yes, hemp-based CBD is widely available in North Dakota. You can find CBD products in health stores, grocery stores and retail stores. However, they’re illegal to minors. You must be at least 18 years old to purchase a CBD product.
Marijuana-derived CBD is only available at compassion centers, which are regulated by the Division of Medical Marijuana.
Can I Buy CBD Online?
Yes, you can buy hemp-derived CBD online from a variety of retailers. Since 2018, the federal government legalized hemp products across the country, making it easier than ever to conveniently support your health and wellness with just a few clicks.
Reputable online retailers, like Zebra CBD, will provide a Certificate of Analysis (COA) to ensure their products are safe for consumption. A COA confirms that each product is tested by a third-party lab and analyzed for a variety of components, including ingredients, ingredient potency and potential contaminants.
If an online retailer does not provide a COA, it’s best practice to avoid their products. They may contain illegal amounts of THC or added contaminants, such as heavy metals, pesticides and microbes, which can be harmful to your health.
Can I Buy CBD at a Dispensary?
Hemp-based CBD is not available at dispensaries, but marijuana-based CBD products are available at “dispensaries” called compassion centers. However, you must have a verified medical marijuana card to purchase from these outlets.
Legal Status of CBD in North Dakota
Is CBD legal in North Dakota? Yes. Both CBD from hemp and marijuana plants are legal in the state. However, marijuana-derived CBD is only available to medical marijuana cardholders, and they must abide by certain possession limits.
Additionally, to buy hemp CBD in North Dakota, you must be at least 18 years of age.
All that said, CBD and marijuana laws are constantly evolving. The best way to stay up-to-date and informed is by visiting your government’s website to understand how North Dakota CBD laws are changing.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in North Dakota?
Yes, hemp-based CBD products and marijuana-based CBD products are legal in North Dakota in many retailers across the state.
2. How old do you have to be to buy CBD in North Dakota?
To buy CBD in North Dakota, you must be at least 18 years old.
3. Can I sell CBD products in North Dakota?
Yes, retailers can sell products in New Dakota, as well as cultivate and process hemp plants within the state.
Source:
Minot Daily. CBD law changes go into effect Aug. 1. https://www.minotdailynews.com/news/local-news/2023/07/cbd-law-changes-go-into-effect-aug-1/
North Dakota Cannabis Information. Is CBD Oil Legal In North Dakota? https://northdakotacannabis.org/cbd
