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Delta-8 THC is illegal in North Dakota. The state legislature amended North Dakota’s hemp and cannabis laws in April 2021 to close the loophole that allows for hemp-derived delta-8 THC. Here’s how it works.
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North Dakota Delta-8 Laws
North Dakota’s legislature amended the state’s hemp bill (HB 1045) in April 2021. The amendments:
- Added delta-8 THC to the definition of tetrahydrocannabinol (THC). Previously, only delta-9 THC was included.
- Redefined hemp by its total THC content, rather than delta-9 THC specifically. This means any hemp products with over 0.3% of ANY type of THC is illegal.
As a result, delta-8 THC products are now illegal in the state. This makes it different from South Dakota, where delta-8 THC is legal.
What Is Delta-8 THC?
Delta-8 THC or delta-8-tetrahydrocannabinol is a form of THC. THC is the compound that gets you high when you use cannabis. Many people know delta-9-THC, which is what we mean when we say “THC.”
Delta-8 has similar effects to delta-9 THC. For example, you may have increased appetite, sedation, euphoria, red eyes, and pain relief.
However, early research suggests that delta-8 THC is only around 66% as potent as delta-9 THC (1). Therefore, delta-8 is less likely to cause side effects.
Why the Federal Government Considers Delta-8 THC Legal
The federal government considers delta-9 THC and marijuana controlled Schedule 1 substances. However, it doesn’t include delta-8 THC in this list, making it legal under federal law.
Cannabis plants naturally produce some amounts of delta-8 THC. The amounts are in traces that aren’t sufficient to make products. That’s why most vendors get delta-8 THC from hemp-derived CBD via a chemical conversion process.
The 2018 Farm Bill legalized hemp across the United States. Therefore, federal law legalizes hemp-derived delta-8 THC.
Additionally, delta-8 THC isn’t considered a synthetic cannabinoid because it’s made from a natural source. Synthetic cannabinoids are banned under the Synthetic Drug Abuse Prevention Act of 2012.
Other Areas Where Delta-8 THC Is Illegal
Delta-8 THC is also illegal in 13 other states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Vermont, and Utah.
Some other states are also considering regulating or banning delta-8 THC.
The Future of Delta-8 THC in North Dakota
The DEA added delta-8 THC to its “orange book” of controlled substances. The agency’s decision to include it in the list signals its intent to control the use and sale of delta-8 THC. However, this ruling is not official unless the federal government acts on it.
Unless North Dakota passes a public vote to legalize cannabis, It is unlikely that delta-8 THC will be legal any time soon.
If you want to buy legal, high-quality delta 8 THC products, we highly recommend Moonwlkr. It’s a reputable, transparent brand that provides up-to-date potency and contaminant third-party lab test results, which are crucial for getting a safe and effective delta 8 product.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of research studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to spend his time in the gym and out in nature.