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Last Updated on 3 weeks by Yomesh
2021 Update
No updates have been made to Cannabis/ hemp- CBD laws in North Dakota.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on North Dakota Hemp Laws and the legality of CBD in North Dakota, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in North Dakota
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in North Dakota?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
While hemp cultivation has been legal in North Dakota for years, CBD products are not explicitly legal in the state. On the scale of legal to illegal, CBD products are more illegal than legal despite North Dakota hemp laws.
Is It Legal to Ship PCR Hemp Oil to North Dakota?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in North Dakota?
CBD stores do exist in North Dakota but are taking a large risk as the state has a history of prosecuting retailers. Ordering CBD online may also be illegal.
Do you need a special license to purchase PCR Hemp Oil in North Dakota?
In order to fully legally possess CBD in North Dakota, you would have to go through their medical marijuana program or get a prescription for Epidiolec from a doctor.
How Does North Dakota Legally Define Hemp?
“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.
North Dakota HB 1349
Growing and Selling Hemp in North Dakota
North Dakota takes the view that all cannabis and cannabis-derived products are illegal. State prosecutors claim this view is backed up by the US Drug Enforcement Agency (DEA). However, the DEA has made it clear that hemp-derived products are not illegal if they comply with the 2018 Farm Bill. Despite this, hemp and CBD product are still sold in North Dakota at-risk.
North Dakota hemp laws do not cover CBD products, but the state health department instead defer’s to the Food and Drug Administration’s CBD guidelines.
North Dakota hemp growers and processors must be registered and licensed with the state. North Dakota hemp laws are very unclear about requirements and seem to only allow cultivation applications for research purposes. However, the processing license also implies that buyers and distribution channels must be arranged at the time of application.
It is clear that North Dakota hemp laws are designed to only allow for industrial hemp crops for non-CBD uses. Hemp crops are all required to contain less than 0.3% “total THC.”
In addition to North Dakota state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
North Dakota hemp laws allow for CBD products such as:
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Much like Idaho, Louisiana, and Mississippi, North Dakota has interpreted federal hemp laws in their own special way that is not in line with most other states, and more common reasoning. Hopefully, in the future, the federal government will take the necessary steps to fix the very broken (and largely non-existent) CBD regulation system.
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