North Dakota Hemp & Hemp‑Derived Cannabinoid Laws

This guide provides educational information on North Dakota’s hemp and hemp‑derived cannabinoid laws as of August 1, 2026. It is for educational purposes only and not legal advice.

North Dakota hemp laws: quick overview

North Dakota’s hemp law is codified in North Dakota Century Code chapter 4.1‑18.1, with definitions and regulatory authority granted to the Agriculture Commissioner; the most recent amendments were enacted via Senate Bill 2096 (68th Legislative Assembly), creating section 4.1‑18.1‑01.1 and expanding powers and enforcement remedies, effective within the last 24 months ([legis.nd.gov](https://www.legis.nd.gov/assembly/68-2023/regular/documents/23-8110-01000.pdf?utm_source=openai)). The law defines “hemp” and “hemp commodity or product,” and authorizes the Commissioner to determine allowable Total THC levels ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)). Under HB 1045 (67th Legislative Assembly), licensees are prohibited from isomerizing cannabinoids to create delta‑8, delta‑9, or delta‑10 THC, and from selling products created via such isomerization; producing hemp with delta‑9/Total THC above 0.3% dry‑weight is also prohibited, with compliance enforcement and reporting requirements ([legis.nd.gov](https://www.legis.nd.gov/assembly/67-2021/documents/21-8006-05000.pdf?utm_source=openai)). The Department of Agriculture’s guidance clarifies that Total THC is calculated as (THCa × 0.877) + delta‑9 THC, and that products must be tested and COAs made available ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

Shipping guidance

North Dakota allows inbound shipments of hemp and hemp products provided the sender is licensed and products comply with Total THC ≤ 0.3%. Growers and processors must be licensed under NDCC 4.1‑18.1; age verification is not specified for hemp products. Retailers should verify COAs and legality before accepting shipments.

Testing & COA guidance

All cannabinoid hemp products sold in North Dakota must be tested for Total THC using the formula (THCa × 0.877) + delta‑9 THC, and a Certificate of Analysis (COA) must be available for review ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)). The law requires testing but does not explicitly mandate ISO/IEC 17025 accreditation; COAs must accurately reflect Total THC. Retention requirements are not specified in available sources.

What to buy

Legal products include hemp fiber, seed, oil, tinctures, topicals, edibles, and broad‑spectrum, full‑spectrum, or isolate CBD/CBG products, provided Total THC ≤ 0.3% and no chemically derived cannabinoids are present ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

What to avoid

Avoid inhalable hemp extracts (vapes, cartridges), chemically derived cannabinoids such as delta‑8 THC, THC‑O, HHC, THCP, and any products with psychotropic intent. Delta‑9 drinks or edibles—even if under 0.3% Total THC—are considered psychotropic and illegal ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

How to shop compliant, tested hemp

• Total THC must be ≤ 0.3% dry‑weight as determined by ND Ag Commissioner
• Chemically derived cannabinoids (delta‑8, THC‑O, HHC, THCP) are banned
• Inhalable hemp extracts (vapes, cartridges) prohibited
• License required for growers and processors under NDCC 4.1‑18.1
• COA with Total THC calculation required for all cannabinoid products
• Hemp flower allowed if under 0.3% Total THC and untreated with other cannabinoids

Educational content only — not legal or medical advice.

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