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Is CBD Legal in North Dakota? State Hemp Rules in 2026

As of November 3, 2026, North Dakota allows CBD hemp products with a 5 mg THC per serving cap but bans delta-8, hemp vapes and chemically made cannabinoids.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 3, 2026, CBD and CBG products made from hemp are legal in North Dakota if they are full spectrum, broad spectrum, or isolate products. State rules limit cannabinoid hemp products to 5 mg of total THC per serving and require a CBD to THC ratio greater than 15 to 1.[1, 2, 3]

North Dakota bans hemp products that contain delta-8 THC or chemically made cannabinoids such as THC-O, HHC, and THCP. Hemp vapes and other inhalants made from hemp extracts are not allowed. The state counts THCA when it measures THC.[1, 3]

We found no statewide minimum age for buying CBD in North Dakota law. Labels must say "This product is not for minors," and a lab report must be available in the store or through a QR code on the label.[2]

At a glance

Is CBD Legal in North Dakota? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, with limits. State law lists CBD and CBG products, including full spectrum, broad spectrum, and isolate products, as allowed hemp products. Their total THC may not go above the level the agriculture commissioner sets. The North Dakota Department of Agriculture says CBD products are legal but altered products are restricted.[1, 3]
Hemp definition and THC limitHemp is the Cannabis sativa L. plant and its parts, including seeds and flowers, with a total THC level set by the agriculture commissioner. That level may not go above the limit in the federal 2018 Farm Bill and the federal hemp rules. Total THC counts THCA (THCA x 0.877 + THC), and THC includes delta-7, delta-8, and delta-10. The Department of Agriculture says hemp flower must test under 0.3 percent total THC.[1, 3]
CBD in food and drinksState law and the Department of Agriculture's statements read differently. The law says hemp-derived products not approved by the FDA "may not be sold as dietary supplements, food or beverage products." The department's retailer FAQ lists, among products that can be sold: "Tinctures, topicals, and edibles that contain CBD, CBG, and CBN if these products do not contain any synthetic cannabinoids." Its fact sheet lists dietary supplements as banned. In an August 9, 2024, news release, the department said CBD and CBG products are "not technically legal to add to food, beverages and supplements," but that the FDA has not been enforcing this. It said products that meet the intent of the law will continue to be allowed until the FDA acts. The department also treats a drink or edible with delta-9 THC as its only cannabinoid as psychotropic and not legal.[1, 3, 4]
Intoxicating hemp products (delta-8, THCA flower and similar)Banned or tightly limited. Products with delta-8 THC or chemically derived cannabinoids, such as THC-O, HHC, and THCP, are not allowed. Neither are hemp compounds used to make inhalants, which covers vapes. The commissioner can also reject products found to be psychotropic. THCA flower is allowed only if it tests under 0.3 percent total THC, which the department says most THCA flower cannot meet.[1, 3]
Minimum ageWe could not find a statewide minimum age for hemp or CBD products in North Dakota law as of November 3, 2026. Labels must say "This product is not for minors," and stores may not market, entice, or encourage minors to buy or use hemp products.[2]
Who can sell itGrowers and processors need a state hemp license. We found no separate state license for stores that sell finished CBD products. State law says a person may only sell hemp products that the chapter allows. We did not find North Dakota rules on online sales or delivery of hemp products in the sources we reviewed.[1, 3]
Labels and lab testingAll hemp products must be tested, and the total THC result must appear on the certificate of analysis (COA) and on the label. The COA must be in the store or reachable through a QR code on the label. Labels list ingredients, a serving suggestion, cannabinoid and maximum THC amounts, an expiration date, and set warnings. Edible products must also list major allergens. Health claims are not allowed. Packaging must be plain, tamper-evident, child-resistant, and not attractive to children.[1, 2]
Medical and adult-use marijuanaNorth Dakota has a medical marijuana program run by the Department of Health and Human Services. We found no adult-use (recreational) program in state law. Marijuana is still listed in Schedule I, but the state's definition of marijuana leaves out hemp as defined in the hemp chapter.[5, 6, 7]
November 12 and December 11, 2026From November 12, 2026, the federal hemp definition leaves out products containing cannabinoids the plant cannot make naturally. The rest of the change, including a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again. North Dakota ties the commissioner's THC limit to the federal 2018 Farm Bill by name. In our reading, this may mean the federal changes do not flow into state law on their own, though federal law still applies in North Dakota on its own terms. North Dakota's 5 mg per serving cap is higher than the federal 0.4 mg per container limit. We found no state guidance on how the two fit together.[1, 2, 8, 9]

How North Dakota defines hemp and CBD

North Dakota's hemp law is in chapter 4.1-18.1 of the Century Code. Hemp means the Cannabis sativa L. plant and any part of it, including seeds and flowers, with a total THC level set by the agriculture commissioner. The commissioner's level may not go above the federal 2018 Farm Bill and the federal hemp rules in 7 CFR part 990.[1]

The law counts THCA. Total THC is THCA times 0.877, plus THC. THC is defined to include delta-9 and its isomers, such as delta-7, delta-8, and delta-10. The Department of Agriculture warns that many products labeled "delta-9 legal" fail this total THC test.[1, 3]

Allowed hemp products include CBD and CBG products, in full spectrum, broad spectrum, and isolate forms. A hemp tincture may not be larger than 30 milliliters. A hemp topical may hold up to 50 mg of total THC per container.[1]

State rules that took effect July 1, 2024, define "cannabinoid hemp" as allowed hemp products made from hemp flower that lacks federal GRAS (generally recognized as safe) status. These products may have no more than 5 mg of total THC per serving. They also need a CBD to THC ratio greater than 15 to 1. If CBD is not the main advertised cannabinoid, the other cannabinoids together must meet that 15 to 1 ratio.[2]

CBD in food and drinks

Section 4.1-18.1-04.4 of the hemp law says hemp products must follow federal food and drug labeling rules. Its subsection 5 says that, under the federal Food, Drug, and Cosmetic Act, "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."[1]

The Department of Agriculture's Hemp Retailer FAQ answers which hemp products can be sold in North Dakota. Its list includes hemp foods with federal GRAS status, such as hemp oil pressed from hemp grain, hemp hearts, and hemp protein powder. It also includes: "Tinctures, topicals, and edibles that contain CBD, CBG, and CBN if these products do not contain any synthetic cannabinoids." The department's Hemp Products Fact Sheet lists dietary supplements among prohibited hemp products.[3]

In an August 9, 2024, news release, the Department of Agriculture said CBD and CBG products are "not technically legal to add to food, beverages and supplements," but that the FDA has not been enforcing this. The release said hemp-derived products such as CBD and CBG "that meet the intent of the law will continue to be allowed until there is further action by the Food and Drug Administration (FDA)."[4]

State rules require a nutrition facts panel on edible cannabinoid hemp products, except tinctures, oils, raw hemp, and capsules. The department says a drink or edible that has delta-9 THC as its only cannabinoid is treated as psychotropic and is not legal. We show the law, the rules, and the department's statements side by side, each in its own words.[2, 3]

Delta-8, THCA, vapes, and other intoxicating hemp

A 2023 law, Senate Bill 2096, made major changes to the hemp chapter. It took effect August 1, 2023. It bans the sale of hemp products that contain delta-8 THC or chemically derived cannabinoids. The law names THC-O, HHC, and THCP as examples. The hemp law also bars licensees from converting CBD into delta-9, delta-8, delta-10, or other THC forms.[1, 10, 11, 12]

Hemp compounds used to make an inhalant are not allowed hemp products. The Department of Agriculture says this covers vape cartridges and disposables for any hemp-derived cannabinoid, including THCA vapes.[1, 3]

Hemp flower may be sold if it comes from legally harvested hemp, tests under 0.3 percent total THC, and is not treated with other cannabinoids. The department says THCA products seen in the market typically contain over 20 percent total THC, which makes them illegal in North Dakota.[3]

The commissioner may also reject, in writing, a hemp product found to be psychotropic. Cannabis or hemp products that are not allowed hemp products fall under the state's medical marijuana law, chapter 19-24.1.[1]

Selling, labels, and lab tests

People who grow or process hemp need a license from the agriculture commissioner. We found no separate license for stores that sell finished CBD products. The Department of Agriculture offers to review product labels and lab reports before products enter the state.[1, 3]

Every hemp product must be tested, and the total THC result must appear on both the certificate of analysis and the label. The batch must be tested by an independent lab and be free of unsafe contaminants. The COA must be in the store or available through a QR code on the label.[1, 2]

Labels must list ingredients, a serving suggestion, net contents, the amount of advertised cannabinoids and the maximum total THC, and an expiration date. Edible products must also list major allergens. Required warnings include "Keep out of reach of children," "Consult your doctor before use," a drug-test and drowsiness warning for products with any detectable THC, and "This product is not for minors."[2]

Packaging must be plain, tamper-evident, child-resistant, and not attractive to children. Stores may not make health claims or market hemp products to minors. We found no statewide minimum age for buying CBD.[2]

Medical marijuana is a separate program

North Dakota's medical marijuana law is chapter 19-24.1 of the Century Code. The Department of Health and Human Services runs the program. Its website lists separate cards for patients 19 and older and for minor patients under 19.[5, 6]

In 2025, lawmakers passed Senate Bill 2294, which changed medical marijuana rules on allowable amounts, records, cannabinoid edible products, patient qualifications, and nonresident patients. As of November 3, 2026, we found no 2025 or 2026 law that changed the hemp chapter.[13, 14, 15]

We found no adult-use (recreational) marijuana program in North Dakota law. Marijuana remains in Schedule I, but its definition leaves out hemp as defined in the hemp chapter, and the THC listing leaves out the allowed amount of THC in hemp products.[7]

How the 2026 federal change may affect North Dakota

From November 12, 2026, the federal hemp definition leaves out products containing cannabinoids that the plant cannot naturally make. The remaining federal changes, including total THC with THCA and a limit of 0.4 mg total THC per container for final products, are set for December 11, 2026, unless Congress delays them again.[8, 9]

North Dakota already bans delta-8 THC and chemically derived cannabinoids, and it already counts THCA. In our reading, the November step may change little for products sold legally in the state.[1]

The state caps cannabinoid hemp at 5 mg of total THC per serving, which is higher than the federal 0.4 mg limit per container. The law also ties the commissioner's THC limit to the 2018 Farm Bill by name. In our reading, this may mean the federal changes do not update North Dakota law automatically, though federal law still applies in the state on its own terms. We found no state guidance on it.[1, 2, 8, 9]

What changes next

  1. Federal change on cannabinoids that plants cannot naturally make

    From November 12, 2026, the federal hemp definition leaves out products with cannabinoids that the plant cannot naturally make. North Dakota already bans delta-8 and chemically derived cannabinoids.[1, 8, 9]

  2. Rest of the federal hemp change

    The remaining federal changes, including total THC with THCA and the 0.4 mg per container limit, are set for December 11, 2026, unless Congress delays them again. North Dakota's 5 mg per serving cap is set in state rules.[2, 8, 9]

Who regulates hemp and CBD

Timeline

  1. Senate Bill 2096 signed and filed

    The Governor signed Senate Bill 2096, and it was filed with the Secretary of State on April 24, 2023.[11]

  2. Senate Bill 2096 takes effect

    The bill had no emergency clause, so under the state constitution it took effect August 1, 2023. It bans delta-8 and chemically derived cannabinoids in hemp products, bars hemp inhalants, and lets the commissioner write sales and labeling rules. The total THC formula that counts THCA was already in the hemp law before this bill.[10, 11, 12]

  3. Hemp product rules take effect

    N.D. Admin. Code chapter 7-20-01 sets a 5 mg total THC per serving cap, a 15 to 1 CBD to THC ratio, label warnings, child-resistant packaging, and COA access in stores or by QR code.[2]

  4. Senate Bill 2294 signed

    The Governor signed this medical marijuana bill on allowable amounts, records, cannabinoid edible products, patient qualifications, and nonresident patients. It did not change the hemp chapter.[13]

Sources

Show 15 references
  1. N.D. Cent. Code chapter 4.1-18.1, Hemp
  2. N.D. Admin. Code chapter 7-20-01, Hemp Products: General Provisions
  3. Hemp (North Dakota Department of Agriculture), including Hemp Products Fact Sheet and Hemp Retailer Frequently Asked Questions
  4. Retailers must do due diligence on hemp-derived products (North Dakota Department of Agriculture news release, August 9, 2024)
  5. N.D. Cent. Code chapter 19-24.1, Medical Marijuana
  6. Medical Marijuana (North Dakota Health and Human Services)
  7. N.D. Cent. Code chapter 19-03.1, Uniform Controlled Substances Act (§ 19-03.1-01 definition of marijuana; § 19-03.1-05 Schedule I)
  8. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  9. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  10. Senate Bill No. 2096, Sixty-eighth Legislative Assembly of North Dakota (2023), enrolled bill
  11. SB 2096 - Overview, 68th Legislative Assembly (2023-25)
  12. Constitution of North Dakota, Article IV, Section 13
  13. SB 2294 - Overview, 2025 Regular Session (69th Legislative Assembly)
  14. Major Topic Index - Marijuana, 2025 Regular Session (69th Legislative Assembly)
  15. 2025-26 Major Topic Index (regular session, January 2026 and September 2026 special sessions)

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.