Is Delta-9 THC (hemp-derived) Legal in North Dakota? (2026)

Vape / inhalable

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as vape / inhalable. Hemp Delta-9 vape - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
NDCC 4.1-18.1-01(5)(b)(2) expressly excludes from the definition of 'hemp commodity or product' any 'chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant.' The ND Dept. of Agriculture confirms this covers all vape carts and disposables for any hemp-derived cannabinoid, with no exception for delta-9. Falls outside hemp's safe harbor and is treated as marijuana/controlled substance; ND has no adult-use marijuana program, only a registered-patient medical program (NDCC ch. 19-24.1), so ordinary retail sale is illegal.

What the record says

NDCC 4.1-18.1-01(5)(b)(2) expressly excludes from the definition of 'hemp commodity or product' any 'chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant.' The ND Dept. of Agriculture confirms this covers all vape carts and disposables for any hemp-derived cannabinoid, with no exception for delta-9. Falls outside hemp's safe harbor and is treated as marijuana/controlled substance; ND has no adult-use marijuana program, only a registered-patient medical program (NDCC ch. 19-24.1), so ordinary retail sale is illegal. North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Capsule / tablet

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as capsule / tablet. Hemp Delta-9 capsule - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same psychotropic-disapproval rule as edibles/tinctures applies to delta-9-dosed capsules.

What the record says

Same psychotropic-disapproval rule as edibles/tinctures applies to delta-9-dosed capsules. North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Beverage

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as beverage. Hemp Delta-9 drink - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same psychotropic-disapproval rule as edibles applies: a beverage dosed for delta-9 THC content is not a permitted hemp commodity or product in North Dakota, even under 0.3% total THC.

What the record says

Same psychotropic-disapproval rule as edibles applies: a beverage dosed for delta-9 THC content is not a permitted hemp commodity or product in North Dakota, even under 0.3% total THC. North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Edible / ingestible

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as edible / ingestible. Hemp Delta-9 edible - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Per official ND Dept. of Agriculture guidance, a hemp edible containing only Delta-9 (isolated/added, not incidental trace-amount full/broad-spectrum) THC is 'deemed to be psychotropic and is not legal in North Dakota,' regardless of whether it tests under 0.3% total THC -- disapproved under the commissioner's authority at NDCC 4.1-18.1-01(5)(b)(5).

What the record says

Per official ND Dept. of Agriculture guidance, a hemp edible containing only Delta-9 (isolated/added, not incidental trace-amount full/broad-spectrum) THC is 'deemed to be psychotropic and is not legal in North Dakota,' regardless of whether it tests under 0.3% total THC -- disapproved under the commissioner's authority at NDCC 4.1-18.1-01(5)(b)(5). North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Flower / raw plant

Gray area

As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in North Dakota as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
under review
Effectively prohibitive
Ordinary compliant hemp flower is legal if it tests under 0.3% total THC and 'cannot be treated with any other cannabinoid' (i.e., not infused/dosed). A flower product specifically bred, selected, or treated to deliver a meaningful delta-9 THC dose would fall outside this safe harbor under the same psychotropic-disapproval logic applied to edibles. High interpretive/ambiguity risk depending on formulation.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Other

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as other. Hemp Delta-9 other - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Catchall: any hemp commodity or product 'disapproved in writing by the commissioner' as psychotropic is excluded from the hemp safe harbor (NDCC 4.1-18.1-01(5)(b)(5)); delta-9-THC-dosed products in any other form fall under this default exclusion.

What the record says

Catchall: any hemp commodity or product 'disapproved in writing by the commissioner' as psychotropic is excluded from the hemp safe harbor (NDCC 4.1-18.1-01(5)(b)(5)); delta-9-THC-dosed products in any other form fall under this default exclusion. North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Powder / bulk

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as powder / bulk. Hemp Delta-9 powder - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
An isolate/concentrate powder formulated for delta-9 THC content is excluded from 'hemp commodity or product' both as a chemically-derived-cannabinoid concern and under the commissioner's psychotropic-disapproval authority.

What the record says

An isolate/concentrate powder formulated for delta-9 THC content is excluded from 'hemp commodity or product' both as a chemically-derived-cannabinoid concern and under the commissioner's psychotropic-disapproval authority. North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Raw material / RUO

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in North Dakota as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Raw hemp biomass/extract for further processing is licensed at the grower/processor level (NDCC 4.1-18.1-02) subject to the 0.3% total THC threshold; a licensee may not chemically convert extract into delta-9/delta-8/delta-10 THC or isomers/derivatives (NDCC 4.1-18.1-04.3). North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Tincture / sublingual

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in North Dakota as tincture / sublingual. Hemp Delta-9 tincture - illegal. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same psychotropic-disapproval rule applies: a tincture dosed for its delta-9 THC content (rather than incidental trace delta-9 in a CBD-dominant product) is not a permitted 'hemp commodity or product.'

What the record says

Same psychotropic-disapproval rule applies: a tincture dosed for its delta-9 THC content (rather than incidental trace delta-9 in a CBD-dominant product) is not a permitted 'hemp commodity or product.' North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Topical

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in North Dakota as topical. Hemp Delta-9 topical - restricted. Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products).

Verified October 19, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

'Hemp topical' is an explicitly defined, permitted category (NDCC 4.1-18.1-01(8)) capped at 50 mg total THC per container, applied to skin/hair rather than ingested/inhaled. Not subject to the same psychotropic-disapproval treatment applied to ingestible/inhalable delta-9 forms in current guidance. North Dakota is the strictest jurisdiction in this batch: its hemp safe harbor is built for CBD/CBG-dominant products with only trace, non-added delta-9 THC, and its Department of Agriculture has stated in writing that a product formulated around delta-9 THC content is 'psychotropic' and therefore not legal hemp, regardless of testing under 0.3% total THC. Because ND has not legalized adult-use marijuana (only a registered-patient medical program under ch. 19-24.1), a hemp-derived delta-9 THC product that fails the hemp safe harbor has no other legal retail channel -- it is simply an unauthorized marijuana/THC product. Topicals and untreated raw flower/biomass retain narrower carve-outs.

Controlling language, verbatim

I have a Delta-9 drink or edible that is under 0.3% Total THC. Can I sell this product? If a product contains only Delta-9 and no other cannabinoids this product is deemed to be psychotropic and is not legal in North Dakota.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- sections 4.1-18.1-01 (Definitions), 4.1-18.1-04.3/-04.4 (Prohibited acts; Allowable products) (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (psychotropic/delta-9-only determination; inhalant exclusion) (North Dakota Department of Agriculture, 2026-01-01) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Status by product form in North Dakota

FormStatusHeadlineVerified
Vape / inhalable IllegalHemp Delta-9 vape - illegal2026-10-22
Capsule / tablet IllegalHemp Delta-9 capsule - illegal2026-10-22
Beverage IllegalHemp Delta-9 drink - illegal2026-10-22
Edible / ingestible IllegalHemp Delta-9 edible - illegal2026-10-22
Flower / raw plant Gray areaHemp Delta-9 flower - restricted2026-10-22
Other IllegalHemp Delta-9 other - illegal2026-10-22
Powder / bulk IllegalHemp Delta-9 powder - illegal2026-10-22
Raw material / RUO RestrictedHemp Delta-9 raw material - restricted2026-10-22
Tincture / sublingual IllegalHemp Delta-9 tincture - illegal2026-10-22
Topical RestrictedHemp Delta-9 topical - restricted2026-10-19

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among North Dakota's 3 neighbors, South Dakota is illegal; Minnesota and Montana are restricted.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in North Dakota

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for North Dakota

6 instruments on file for this compound's framework in North Dakota; 30 of 30 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

N.D. Cent. Code Sec. 4.1-18.1-01 (Hemp - Definitions), subds. 2, 4, 5, 10, 11 · N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-01 - Definitions ('Chemically derived cannabinoid', 'Hemp', 'Hemp commodity or product' with inhalant + chemically-derived exclusions, 'Tetrahydrocannabinol', 'Total tetrahydrocannabinol')OFFICIAL
Instrument
N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-01 - Definitions ('Chemically derived cannabinoid', 'Hemp', 'Hemp commodity or product' with inhalant + chemically-derived exclusions, 'Tetrahydrocannabinol', 'Total tetrahydrocannabinol')
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-07-02
Fingerprint
f749d8668b1e36a1
2. "Chemically derived cannabinoid" means a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant cannabis. The term does not include cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst.

4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include hemp extract, commodity or product using hemp, or a hemp substance or product prohibited by this chapter.

5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical.
a. The term includes:
(1) Hemp processed through retting or other processing such that it is a suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials;
(2) Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption;
(3) Hemp seed pressed or otherwise processed into oil;
(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; and
(5) A hemp commodity or product approved in writing by the agriculture commissioner.
b. The term does not include:
(1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage;
(2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant;
(3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC;
(4) A product containing chemically derived cannabinoids, including:
(a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O;
(b) Hexahydrocannabinol, also known as HHC; and
(c) Tetrahydrocannabiphorol, also known as THCP; or
(5) A psychotropic hemp commodity or product disapproved in writing by the commissioner.

10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including:
a. Delta-7 tetrahydrocannabinol;
b. Delta-8 tetrahydrocannabinol; or
c. Delta-10 tetrahydrocannabinol.

11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.
N.D. Cent. Code Sec. 4.1-18.1-04.3 (Prohibited acts - Licensee) and Sec. 4.1-18.1-04.4 (Hemp commodities or products - Allowable products - Retailers) · N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-04.3 and 04.4 - conversion prohibition and chemically-derived-cannabinoid sale banOFFICIAL
Instrument
N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-04.3 and 04.4 - conversion prohibition and chemically-derived-cannabinoid sale ban
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-07-02
Fingerprint
1d15ffaf8f45a481
4.1-18.1-04.3. Prohibited acts - Licensee.
A licensee may not:
1. Chemically modify or convert a hemp extract, or engage in any process that converts cannabidiol into delta-9, delta-8, delta-10-tetrahydrocannabinol, or other tetrahydrocannabinol isomers, analogs, or derivatives; and
2. Sell or distribute hemp or hemp commodities or products that contain chemically derived cannabinoids or were created by chemically modifying or converting a hemp extract.

4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers.
1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request.
2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol.
3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.
4. All hemp commodities or products sold pursuant to this section must comply with all product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.] and related administrative rules, both the Act and rules incorporated by reference.
5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by reference, non-food and drug administration approved hemp-derived products may not be sold as dietary supplements, food or beverage products, or marketed with medical claims.
N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4 · N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4OFFICIAL
Instrument
N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-10-07
Fingerprint
e4d49b314fe418f3
4.1-18.1-01(4) ["Hemp" means] "The plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not" [with a total THC concentration in an amount determined by the commissioner]. (5) ["Hemp commodity or product" means] "a product made from hemp or hemp extract," [...] (b) [The term does not include] (2) "A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant;". 4.1-18.1-04.4(1) "A person may only sell hemp and hemp commodities or products allowed under this chapter." (2) "A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids" [...]. (3) [Products not allowed fall under chapter 19-24.1.] [Bracketed spans summarized.]
N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4 · N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4OFFICIAL
Instrument
N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-10-08
Fingerprint
54579447a35d50c8
4.1-18.1-01. Definitions. 1. "Broad spectrum" means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, but where tetrahydrocannabinol has been removed to nondetectable levels using a fit-for-purpose method, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner. 2. "Chemically derived cannabinoid" means a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant cannabis. The term does not include cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst. 3. "Full spectrum" means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, processed without intentional complete removal of any compound and without the addition of isolated cannabinoids, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner. 4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include hemp extract, commodity or product using hemp, or a hemp substance or product prohibited by this chapter. 5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. a. The term includes: (1) Hemp processed through retting or other processing such that it is a suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials; (2) Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption; (3) Hemp seed pressed or otherwise processed into oil; (4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; and (5) A hemp commodity or product approved in writing by the agriculture commissioner. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner. 6. "Hemp extract" means a concentrate or extract obtained by separating cannabinoids from hemp by a mechanical, chemical, or other process. The term does not include hemp seed pressed or otherwise processed into oil. 7. "Hemp tincture" means a solution that may not exceed thirty milliliters consisting of: a. At least twenty-five percent of non-denatured alcohol, in addition to a hemp extract, and other ingredients intended for human consumption or ingestion; or b. Glycerin or plant-based oil and hemp extract, and is intended for human consumption or ingestion. 8. "Hemp topical" means a hemp commodity or product intended to be applied to the skin or hair. The maximum concentration or amount of total tetrahydrocannabinol permitted in a hemp topical is fifty milligrams per container. 9. "Isolate" means hemp extract or hemp commodity or product comprised of a single cannabinoid compound. 10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.

extract. 4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers. 1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request. 2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1. 4. All hemp commodities or products sold pursuant to this section must comply with all product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.] and related administrative rules, both the Act and rules incorporated by reference. 5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by reference, non-food and drug administration approved hemp-derived products may not be sold as dietary supplements, food or beverage products, or marketed with medical
N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols) · N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols)OFFICIAL
Instrument
N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols)
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-10-07
Fingerprint
c5e2fd944c6586b3
N.D.C.C. 4.1-18.1-01(4) "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. (5) "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. (5)(a)(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; (5)(b) The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; [further exclusions for delta-8 tetrahydrocannabinol and chemically derived cannabinoids including Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; Hexahydrocannabinol, also known as HHC; and Tetrahydrocannabiphorol, also known as THCP]. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. The maximum concentration or amount of total tetrahydrocannabinol permitted in a hemp topical is fifty milligrams per container. 4.1-18.1-04.4: A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. N.D.C.C. 19-03.1-05 (Schedule I) hemp exclusion: Tetrahydrocannabinols do not include: (a) The allowable amount of total tetrahydrocannabinol found in hemp or an allowed hemp commodity or product as defined in chapter 4.1-18.1. N.D.C.C. 19-03.1-01 "Marijuana" exclusions include "Hemp as defined in chapter 4.1-18.1". (Bracketed text summarized by fetch tool; quoted text as returned.)
North Dakota Century Code 4.1-18.1-01 (Definitions) · Hemp -- Definitions: hemp commodity or product; exclusion of chemically derived cannabinoids including HHC; total tetrahydrocannabinolOFFICIAL
Instrument
Hemp -- Definitions: hemp commodity or product; exclusion of chemically derived cannabinoids including HHC; total tetrahydrocannabinol
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-07-19
Fingerprint
3e3f3b10b8877729
5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner. 10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. 4.1-18.1-04.4. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.

Related

Delta-9 THC (hemp-derived) in neighboring states

Delta-9 THC (hemp-derived) in other states

Same framework in North Dakota

Other compounds in North Dakota

Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in North Dakota? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/north-dakota/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

About · Methodology · Glossary · Changes · Data & API · llms.txt · Sitemap