North Dakota Hemp & Hemp‑Derived Cannabinoid Laws

This guide explains North Dakota’s hemp and hemp‑derived cannabinoid laws as of June 1, 2026, for educational purposes only—not legal advice.

North Dakota hemp laws: quick overview

North Dakota defines hemp under NDCC Chapter 4.1‑18.1, requiring that Total THC—calculated as (THCa × 0.877) + Δ9‑THC—must not exceed an amount determined by the Agriculture Commissioner, which NDDA guidance sets at 0.3% dry weight ([chow420.com](https://chow420.com/hempstatelaws/north-dakota?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 COA and label Total THC, and may not contain chemically derived cannabinoids or delta‑8 THC ([codes.findlaw.com](https://codes.findlaw.com/nd/title-4-1-agriculture/nd-cent-code-sect-4-1-18-1-04-4/?utm_source=openai)). The NDDA’s Hemp Products Fact Sheet explicitly prohibits inhalants (vapes), chemically derived cannabinoids including delta‑8, THC‑O, HHC, THCP, and any psychotropic cannabinoids as determined by the Ag Commissioner ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)). SB 2096 (2023), signed April 24, 2023, explicitly excludes delta‑8 THC products from the hemp definition, treating them as marijuana; HB 1045 (2021) had already prohibited isomerization of CBD into THC and defined THC to include all isomers ([cannabisregulations.ai](https://www.cannabisregulations.ai/state-legality/north-dakota-delta-8?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp products are allowed only if compliant with ND law: must not contain banned cannabinoids (e.g. delta‑8), must include COA showing Total THC ≤ 0.3%, and must be from licensed operators. Age verification is required for any products that could be intoxicating; the AG has enforced against shipments to minors ([cannabisregulations.ai](https://www.cannabisregulations.ai/state-legality/north-dakota-delta-8?utm_source=openai)). Retailer registration (NDDA license) is required for processors and growers; unlicensed shipments may be seized.

Testing & COA guidance

NDCC § 4.1‑18.1‑04.4 mandates testing of all hemp products, with COA reporting Total THC and availability to the commissioner ([codes.findlaw.com](https://codes.findlaw.com/nd/title-4-1-agriculture/nd-cent-code-sect-4-1-18-1-04-4/?utm_source=openai)). NDDA requires COA retention and review; labs must be qualified (e.g. DEA‑registered like NDSU lab) ([chow420.com](https://chow420.com/hempstatelaws/north-dakota?utm_source=openai)). ISO 17025 accreditation is not explicitly stated; use of qualified labs per NDDA rules is required.

What to buy

Allowed products include hemp fiber, seed, oil, tinctures, topicals, edibles containing CBD, CBG, CBN (full‑spectrum, broad‑spectrum, or isolate) with Total THC ≤ 0.3%, and cured flower from legally harvested hemp under 0.3% Total THC and untreated with other cannabinoids ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

What to avoid

Avoid any inhalant/vape products derived from hemp; chemically derived cannabinoids such as delta‑8, THC‑O, HHC, THCP; any product with Total THC > 0.3%; any product intended to be intoxicating or making medical claims ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

How to shop compliant, tested hemp

• Total THC (Δ9 + THCa × 0.877) must not exceed 0.3% dry weight per NDDA guidance.
• Chemically derived cannabinoids (e.g. delta‑8, HHC, THC‑O) are prohibited under NDCC § 4.1‑18.1‑04.4.
• Vape/inhalant hemp products are banned by NDDA policy.
• All hemp products must be tested and accompanied by a COA showing Total THC; COA must be available to the commissioner.
• Growers and processors must hold NDDA hemp licenses (grower or processor).
• Hemp flower is legal if under 0.3% Total THC and untreated with other cannabinoids.

Educational content only — not legal or medical advice.

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