Explaining the Legal Status of Delta 8 THC in North Dakota

Is delta 8 legal in North Dakota? With the appearance of a new three-letter cannabinoid every month, state laws can get confusing. 

That’s not the case with North Dakota, which makes it clear that the distribution of delta 8 THC is prohibited. While this is unfortunate for many users that benefit from affordable and safe delta 8 THC, this is its current status. Let’s see what the future holds for delta 8 in North Dakota. 

Is Delta 8 THC Legal in North Dakota? 

Delta 8 THC is illegal in North Dakota. The state passed a new law that explicitly banned delta 8 THC. 

What is Delta 8 THC? 

Delta 8 THC is a hemp cannabinoid that naturally occurs in trace concentrations in the plant. Because it’s such a rare component, manufacturers create it in large quantities using hemp-derived CBD. This substance is known as “weed light” by and large due to its mildly potent intoxicating effects.   

Delta 8 THC is a THC isomer and sister molecule of delta 9 THC, which is the main intoxicating cannabinoid in marijuana. These two substances have a similar chemical structure but offer different effects. Users take delta 8 for pain, anxiety, sleep, and nausea because it’s not as potent as delta 9 and comes without typical side effects.  

Buying Delta 8 THC in North Dakota

Unfortunately, you can’t purchase delta 8 in North Dakota legally because the state banned delta 8 and all THC forms made through chemical conversion.

When the law changes (hopefully, soon), we will gladly serve your needs. For now, you should stick to CBD products derived from hemp with a less than 0.3% total THC concentration. 

Crazy8s specializes in pure and potent delta 8 THC extracts that actually work. We have over six years of hands-on experience in the hemp industry, so we completely understand the need for an effective product. 

Our extracts are made using natural processes and organic hemp on local USA farms. We test each batch multiple times before extraction and after the final product has been made. Every product comes with a Certificate of Analysis (CoA) that shows the cannabinoid ratio and a pesticide/toxins report. 

Our delta 8 THC gummies are a vegan, natural formula with a few hand-picked ingredients that create a potent medicine. They are available in two strengths, 10mg and 50mg and two flavors, Passion Fruit and Black Cherry Vanilla. Our customers love them because they are incredibly effective and delicious.

Is Delta 8 THC Legal in North Dakota?

Delta 8 THC is illegal in North Dakota. The state banned the distribution and sale of delta 8 and all forms of THC made through chemical conversion. 

North Dakota passed House Bill 1045 in April 2021, which closed the delta 8 loophole in the state. The bill amended the definition of ‘hemp’ and banned delta 8 THC and all THC compounds made via chemical conversion. 

House Bill 1045 also incorporated delta 8 and delta 10 into the definition of tetrahydrocannabinol (THC) and amended the ‘total THC’ threshold. 

Therefore, hemp-derived products in North Dakota must not contain over 0.3% total THC of any type. This includes delta 9, delta 8, and delta 10 and is essential to know because it helps you navigate the legality of hemp-derived products that you order online.

What Does the Future Hold?  

North Dakota is not the most hemp-friendly state, so it’s unlikely that this ban will be removed any time soon. Other states that banned this substance also prohibited all THC forms because of the emergence of so many new (and potentially legal) hemp-derived THC isomers.

Is Delta 8 THC Legal Federally?

There’s a cloud of uncertainty around the legality of delta 8 THC on a federal level. What’s sure is that this substance is not illegal. But it’s not entirely legal either. Let’s see how that works. 

On September 15, 2021, the Alabama Board of Pharmacy received a response letter from the US Drug Enforcement Administration (DEA) regarding the question of delta 8’s legality. In the letter, the DEA confirmed that “cannabinoids extracted from the cannabis plant that have a Δ9-THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of ‘hemp’ and thus are not controlled under the CSA.”

This means that delta 8 that naturally occurs and is derived from the hemp plant is legal on a federal level. On the other hand, delta 8 THC that’s “synthetically produced from non-cannabis material” is considered a controlled substance under the Controlled Substances Act.

The issue here is that delta 8 that’s being sold on the market is made from a cannabis ingredient (hemp-derived CBD) in combination with non-cannabis materials (solvents). Because of the way it’s manufactured, delta 8 may be considered a semi-synthetic compound. The DEA hasn’t officially declared it a “synthetic,” but there’s a possibility for that to happen because of this loophole. 

For now, the industry continues to grow with full steam, especially after the DEA’s response that when derived from hemp (regardless of the method used), this substance is considered legal. To close the loophole, many states have restricted or banned this compound. 

The FDA also published a warning letter to consumers regarding the dangers of consuming this unregulated substance. This goes on to show the pressing need for regulating this compound, which will both protect the consumer and give quality brands peace of mind.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.