Are THC Drinks Legal in North Dakota? (2026)

Are THC drinks legal? Every state

Tier

schedule i

Effective

2023-08-01

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. Effective date: SB 2096 (2023), which added the chemically derived cannabinoid exclusions and the sale ban to N.D.C.C. ch. 4.1-18.1, has no emergency clause and was filed with the Secretary of State April 24, 2023, so it took effect August 1, 2023 under N.D. Const. art. IV, sec. 13. [2026-11-01] Excerpt moved from the NDDA hemp page to N.D.C.C. 4.1-18.1-01(5)(b)(5): the statute excludes psychotropic products the commissioner disapproves in writing; the NDDA page is that written disapproval and stays as a supporting source.

Controlling language, verbatim

"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. ... 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.

Source of excerpt

Citations

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

Neighboring states

• THC drinks in Minnesota Restricted
• THC drinks in Montana Restricted
• THC drinks in South Dakota Restricted

Related

• Delta-9 THC in North Dakota: every form
• THC ban in North Dakota
• Every compound in North Dakota
• THC drink brands on file (5)

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