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News And Legislation

Is Delta-8 THC Legal in North Dakota? Delta 8 Legality 2023

Many people in North Dakota face disappointment in the search for Delta-8 THC, which the federal government permits. The United States federal government passed the Farm Bill in 2018, which approved hemp and cannabinoids produced from hemp. On the other hand, other states have chosen to implement more stringent rules. Some limit or even outright ban the use of delta-8 THC. But when it concerns the regulations regarding Delta -8, North Dakota ranks among the states with the most strict policies. 


Is Delta-8 THC Legal In North Dakota?

NO. Delta-8 THC is illegal in North Dakota.

Unfortunately, delta-8 THC from hemp is not legal in North Dakota. According to the Restricted Substances Act, the state classifies it as a controlled drug under Schedule I. Because of its status, the use, ownership, sale, distribution, and acquisition of this cannabinoid are all illegal in North Dakota.


North Dakota resembles its neighboring state of South Dakota. However, its Compassionate Care Act did authorize the use of marijuana for medicinal purposes in some cases. CBD from hemp counts as medical marijuana in North Dakota, so it can be legally purchased with a prescription.


On the other hand, they do not have any recreational legislation. The penalties for breaking such rules are far more severe than in most other states. You might face a fine of one thousand dollars and a jail sentence that varies in length based on the amount of marijuana you carry if you are caught with even a quarter ounce. 


  North Dakota officially rendered delta-8 THC illegal. The bill that ended the use of delta-8 was House Bill 1045 in North Dakota.


Why Is Delta-8 Illegal In North Dakota?


After the AIC or Agriculture Improvement Act was passed in 2018, North Dakota Governor Doug Burgum enacted House Bill 1349. This bill allows the health department of North Dakota to oversee hemp products.


In April 2021, the governor of the state made changes to bill 1045, which redefined THC across all of its isomeric formations, including delta-8. As a result of this reclassification, products produced from hemp may only include a maximum of 0.3% delta-8, Delta-9, or other THC isomers altogether. This effectively makes the sale of all sorts of products containing Delta-8 illegal following state legislation.


This bill also makes it illegal for manufacturers to produce products using a method known as chemical isomerization. This straightforward transformation takes place in a laboratory and involves the employment of certain chemicals to transform isolated CBD into delta-8.


So it is impossible to get Delta 8 legitimately anywhere inside the state of North Dakota since the drug is against the law there. Additionally, it would be against the law to purchase it from another region and bring it to North Dakota. 

Final Thoughts

However, we feel controlling delta-8 would be the smartest way ahead. Customers will not only be able to purchase their Delta-8 items lawfully via dispensaries that have state licenses, but they will also ensure that the items they purchase have quality and authenticity. In the future, we hope North Dakota will take a more reasonable posture about delta-8.

Learn more about delta-8 THC here. 


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