Is Delta-8 legal in North Dakota?

Hemp-derived Delta-8 THC is questionably legal in North Dakota. Keep reading for more info about Delta-8 and cannabis law in the Peace Garden State. Click here to order the finest Delta-8 products online!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is a substance from the cannabis plant. There are hundreds of identified cannabinoids in the plant, and when cannabinoids are consumed, they have an effect on the human endocannabinoid system.

The endocannabinoid system uses cannabinoids as neuromodulators that work on the cannabinoid receptors that are found throughout the human body.

The endocannabinoid system is still being studied by scientists, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis [1].

Delta-8 is a beloved THC product used for therapeutic and personal needs. In some places legislators understand its benefits and are onboard with Delta-8. Other states like North Dakota have been less clear.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.

The molecule that makes these three types of THC is very similar, chemically speaking. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth carbon chain. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels [2]

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. Hemp is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use [3]. It is refined and used in a very wide range of commercial products. Because of its relation to marijuana, coming from the same cannabis plant, hemp has faced uneven legality in the U.S. and other countries, despite being a sustainable powerhouse of a resource.

The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use. Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, which comes from the cannabis plant. In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third party tested hemp.

How do you buy high quality Delta-8 in North Dakota?

You should always buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. Poor processing of Delta-8 may lead to degradation of the compound, inaccurate potency, or harmful by-products. So the processing standards of Delta-8 THC are critical for its quality, safety and legality. You look for companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

For best reliability, producers should use third-party lab testing and publish the results. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including all strains of premium Delta-8 THC Pre-Rolls.

Where is Delta-8 THC legal?

Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their borders. It’s confusing for Americans but is the current situation.

Where can you buy Delta-8 in North Dakota?

In North Dakota you can find Delta-8 in convenience stores or you can always use the privacy of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, tinctures and vapes and deliver nationwide. Satisfaction guaranteed!

What is Delta-8 law in North Dakota?

Hemp-derived Delta-8 THC is questionably legal in North Dakota.

North Dakota established a medical marijuana program in 2017 led by the Division of Medical Marijuana.

The state failed to get a recreational legalization referendum on the ballot in 2020, but proponents are confident one will make it in 2022 [4].

In 2021, North Dakota passed HB 1045 which changed the definition of hemp to mean cannabis with no more than .3% total THC, rather than only Delta-9 THC. It changed the definition of tetrahydrocannabinols (THC) to include Delta-8 and other isomers in Chapter 19-03.1, the Uniform Controlled Substances Act.

However, elsewhere the Act seems to contradict that definition by stating that “Tetrahydrocannabinols do not include the allowable amount of total tetrahydrocannabinol found in hemp as defined in Chapter 4.1-18.1.” This can cause uncertainty about which part of the law to trust and follow, which may be the actual purpose. More clarity from the state would be helpful and in the meantime if North Dakota residents aren’t able to find Delta-8 at retailers, ordering online is a great solution.

Final thoughts on Delta-8 in North Dakota

Delta-8 may not be available everywhere in the state, but If North Dakotans can’t find Delta-8 nearby, ordering online is easy and private. You’ll love Earthy Select’s premium Delta-8 products and we ship nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

Frequently Asked Questions

Is Delta-8 legal in North Dakota?

Hemp-derived Delta-8 THC is questionably legal in North Dakota, according to the Farm Bill and the state’s own rules.

Does Delta-8 get you totally high?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

How long does Delta-8 stay in your system?

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

What is the difference between THC and CBD?

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both naturally-occurring cannabinoids from the cannabis plant, and both have the exact same molecular structure. A slight difference in how the atoms are arranged accounts for the differing effects on your body. THC is the main psychoactive component of the plant—the part that can make people feel “high.” CBD is not psychoactive and is used for therapeutic effects of its own.

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

How do I take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something everyone will like (21 or older 🙂 ).

Is Delta-8 as strong as Delta-9?

They are both forms of THC that can be derived from hemp or marijuana, and both can have strong effects. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC per dry weight. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have one-half to two-thirds the strength of Delta-9.