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Home » Hemp State Laws » North Dakota

North Dakota Hemp & Hemp‑Derived Cannabinoid Laws

Last reviewed: May 3, 2026

This guide provides educational, state‑specific information on North Dakota hemp and hemp‑derived cannabinoid laws as of May 3, 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, requiring that total tetrahydrocannabinol (Total THC)—calculated as (THCa × 0.877) + Δ9‑THC—must not exceed an amount determined by the Agriculture Commissioner; NDDA guidance sets that limit at 0.3% dry weight ([ams.usda.gov](https://www.ams.usda.gov/sites/default/files/media/NorthDakotaDepartmentofAgricultureHempPlan.pdf?utm_source=openai)). Under NDCC § 4.1‑18.1‑04.4 (effective as of at least January 1, 2024), all hemp products must undergo testing, include COA and label Total THC, and may not contain chemically derived cannabinoids such as Δ8‑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)). HB 1045 (2021) banned isomerization‑derived cannabinoids including Δ8, Δ9, Δ10; SB 2096 (2023) explicitly excluded Δ8 and chemically derived cannabinoids like THC‑O from the definition of hemp ([northdakotacannabis.org](https://northdakotacannabis.org/thc/thc-o?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp products are allowed only if products comply with ND law: Total THC ≤ 0.3%, COA included, and no chemically derived cannabinoids. Age verification is required for any products that could be considered psychotropic; the AG settlement with Delta 8 Resellers (April 2025) underscores enforcement and requires age‑verification for resumed sales ([attorneygeneral.nd.gov](https://attorneygeneral.nd.gov/attorney-general-wrigley-announces-settlement-with-delta-8-resellers-over-illegal-sale-of-vaping-products/?utm_source=openai)). Retailer registration (grower/processor license) is required for handling hemp products ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

Testing & COA guidance

NDCC § 4.1‑18.1‑04.4 mandates testing of all hemp products for Total THC, with COA required and available 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)). Laboratories must be DEA‑registered; North Dakota State University in Fargo is listed as a DEA‑registered hemp testing lab ([ams.usda.gov](https://www.ams.usda.gov/rules-regulations/hemp/dea-laboratories?field_lab_location_administrative_area=ND&utm_source=openai)). COAs must show THCa and Δ9‑THC to calculate Total THC; retention rules not specified in sources.

What to buy

Allowed products include full‑spectrum, broad‑spectrum, or isolate CBD/CBG products with Total THC ≤ 0.3%, hemp fiber, seed, oil, textiles, building materials, tinctures, topicals, and edibles that are non‑psychotropic and compliant with labeling rules ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

What to avoid

Avoid any products containing chemically derived cannabinoids such as Δ8‑THC, THC‑O, HHC, THCP; inhalable extracts like vapes or cartridges; products with psychotropic intent; Δ9‑only drinks or edibles even if Total THC ≤ 0.3% are disallowed ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).

How to shop compliant, tested hemp

  • Total THC (including Δ9, Δ8, Δ10, THCa) must be ≤ 0.3% dry weight per NDDA rules
  • Chemically derived cannabinoids (Δ8, THC‑O, HHC, THCP) are prohibited under NDCC § 4.1‑18.1‑04.4
  • All hemp products must have COA showing Total THC and be available to commissioner on request
  • License required for growers and processors via ND Department of Agriculture (NDDA)
  • Inhalable hemp extracts (vapes, cartridges) are banned
  • CBD/CBG products allowed only if not psychotropic and compliant with labeling rules

Educational content only — not legal or medical advice.


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Browse other states and find tested hemp products with clear labeling.

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FAQ

No. North Dakota law bans chemically derived cannabinoids including delta‑8 THC under NDCC § 4.1‑18.1‑04.4 and SB 2096 (2023) ([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)).
Total THC (THCa × 0.877 + Δ9‑THC) must be ≤ 0.3% dry weight as determined by the Agriculture Commissioner ([ams.usda.gov](https://www.ams.usda.gov/sites/default/files/media/NorthDakotaDepartmentofAgricultureHempPlan.pdf?utm_source=openai)).
No. Inhalable hemp extracts such as vapes and cartridges are prohibited under NDDA rules ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).
Yes. Growers and processors must obtain a license from the North Dakota Department of Agriculture ([ndda.nd.gov](https://www.ndda.nd.gov/divisions/plant-industries/hemp?utm_source=openai)).
They are allowed only if non‑psychotropic, compliant with labeling rules, and Total THC ≤ 0.3%; but FDA has not approved CBD/CBG in food or supplements ([ndda.nd.gov](https://www.ndda.nd.gov/news/retailers-must-do-due-diligence-hemp-derived-products?utm_source=openai)).
COA must show THCa and Δ9‑THC to calculate Total THC and be available to the commissioner upon request ([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)).