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Home » Hemp State Laws » North Dakota

North Dakota Hemp & Hemp‑Derived Cannabinoid Laws

Last reviewed: July 1, 2026

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

North Dakota hemp laws: quick overview

North Dakota defines hemp under NDCC Chapter 4.1‑18.1, where “tetrahydrocannabinol” includes Δ9‑THC and its isomers (Δ7, Δ8, Δ10), and “Total THC” is calculated as (THCa × 0.877) + Δ9‑THC. The Agriculture Commissioner sets the maximum Total THC, which NDDA guidance confirms is 0.3% dry weight ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)). Under NDCC § 4.1‑18.1‑04.4 (effective at least January 1, 2024), all hemp products must undergo testing, include a certificate of analysis (COA) showing Total THC, and may not contain chemically derived cannabinoids or Δ8‑THC ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)). The NDDA Hemp Products Fact Sheet explicitly prohibits inhalants (vapes), chemically derived cannabinoids (Δ8, THC‑O, HHC, THCP), and psychotropic cannabinoids as determined by the Agriculture Commissioner ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)). Additionally, NDCC § 4.1‑18.1‑01 defines hemp topicals as products intended for skin or hair with a maximum Total THC of 50 mg per container ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)).

Shipping guidance

Inbound shipments of compliant hemp products are allowed, provided they meet ND’s Total THC limit and are not chemically derived cannabinoids. Age verification is not specified in state law. Retailer registration: growers and processors must be licensed by the ND Department of Agriculture under NDCC Chapter 4.1‑18.1 ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

Testing & COA guidance

All hemp products must be tested for Total THC and carry a COA available to the commissioner upon request (NDCC § 4.1‑18.1‑04.4) ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)). The NDDA requires testing but does not explicitly state ISO/IEC 17025 accreditation; licensees must submit samples for inspection, sampling, and testing (fee up to $125) under § 4.1‑18.1‑04.2 ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)). COAs must report Total THC and be retained; label must reflect testing results ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

What to buy

Allowed products include hemp fiber, seed, oil, tinctures, topicals, edibles, and CBD/CBG products (full spectrum, broad spectrum, isolate) that contain no more than 0.3% Total THC and no chemically derived cannabinoids ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)). Topicals are allowed up to 50 mg Total THC per container ([law.justia.com](https://law.justia.com/codes/north-dakota/2023/title-4-1/chapter-4-1-18-1/?utm_source=openai)).

What to avoid

Avoid inhalable hemp products (vapes, cartridges), any products containing chemically derived cannabinoids such as Δ8‑THC, THC‑O, HHC, THCP, and any psychotropic cannabinoids disapproved by the Agriculture Commissioner ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)). THCa flower is effectively banned due to Total THC calculation and inhalant prohibition ([thcamap.com](https://www.thcamap.com/legal/nd?utm_source=openai)).

How to shop compliant, tested hemp

  • Total THC (Δ9 + 0.877×THCa) must not exceed 0.3% dry weight
  • Chemically derived cannabinoids (Δ8, HHC, THC‑O, THCP) are banned
  • All hemp products must be tested and carry a COA with Total THC
  • Inhalable hemp products (vapes) are prohibited
  • Topicals limited to 50 mg Total THC per container

Educational content only — not legal or medical advice.


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FAQ

Total THC (Δ9 + 0.877×THCa) must not exceed 0.3% dry weight under NDCC Chapter 4.1‑18.1.
No. Products containing delta‑8 THC are explicitly excluded from the definition of hemp and banned under NDCC § 4.1‑18.1.
No. Inhalants created by extracting compounds from hemp (e.g., vapes) are prohibited by NDDA guidance and statute.
Yes. All hemp products must be tested for Total THC and carry a COA available to the commissioner.
Yes. Hemp topicals are allowed but must contain no more than 50 mg Total THC per container.
Effectively no. THCa flower typically exceeds the Total THC limit and is subject to inhalant restrictions.