Is Delta-8 Legal in North Dakota? What State Law Says in 2026

Delta-8 in North Dakota at a glance

Status	Banned
Age limit	Not applicable (banned)
Sale	Selling hemp or hemp products that contain delta-8 THC or chemically derived cannabinoids is prohibited.
Possession	Delta-8 products are not allowed hemp products, so possession risks prosecution under the state's controlled substance laws.
Product rules	Only allowed hemp products may be sold, with total THC shown on a certificate of analysis and label; hemp-extract inhalants and chemically derived cannabinoids such as THC-O, HHC and THCP are also excluded.
Licensing	Hemp growers and processors need an Agriculture Commissioner licence; retailers may sell only allowed hemp products.
Key law	SB 2096 (2023); N.D. Cent. Code §§ 4.1-18.1-01, 4.1-18.1-04.3, 4.1-18.1-04.4; § 19-03.1-05
Last major change	August 2023

What North Dakota law says about delta-8 THC

North Dakota closed the delta-8 market with Senate Bill 2096, introduced at the request of the Agriculture Commissioner and passed in 2023 by 43-3 in the Senate and 75-15 in the House.² The law rewrote the hemp chapter of the Century Code. It defines tetrahydrocannabinol to include delta-7, delta-8 and delta-10 isomers, and it removes from the definition of an allowed hemp product any product containing delta-8 THC, as well as products with chemically derived cannabinoids such as THC-O, HHC and THCP.¹

Section 4.1-18.1-04.4 states that a person may not sell hemp or hemp products that contain chemically derived cannabinoids or delta-8 THC, and licensees may not convert CBD into THC isomers.¹ SB 2096 also amended the Schedule I entry for tetrahydrocannabinols so that only the allowable amount of total THC in hemp or an allowed hemp product is excluded, which means delta-8 products can be treated as controlled substances.²

In August 2024 the Department of Agriculture warned that psychotropic THC products, including gummies, beverages and vapes, are illegal in North Dakota and gave retailers the chance to return or dispose of them.³ The Agriculture Commissioner can also seek injunctions and civil penalties of up to $5,000 per violation.¹ North Dakota has only a medical marijuana programme, so there is no recreational channel for delta-8.

How the federal hemp change affects North Dakota

Separate from North Dakota law, the federal definition of hemp is changing. Under the federal hemp redefinition passed in the FY2026 appropriations law, from 11 December 2026 hemp is measured by total THC, finished products are capped at 0.4 mg of total THC per container, and cannabinoids synthesised or manufactured outside the plant are excluded. Most delta-8 on the market is made by converting CBD, so most delta-8 products will fall outside the federal hemp definition from that date, whatever state law says.

A separate provision covering cannabinoids that the plant cannot produce naturally applies from 12 November 2026. Bills to delay or repeal the change are in congressional committees, but none had advanced as of September 2026. Our explainer on the federal hemp THC limit covers the detail.

Timeline of recent changes

• 9 August 2024: Department of Agriculture warned retailers that psychotropic THC products, including gummies, beverages and vapes, are illegal and must be removed.
• August 2023: SB 2096 took effect, banning sales of hemp products with delta-8 or chemically derived cannabinoids and adopting a total THC definition.
• 24 April 2023: SB 2096, signed by the Governor, was filed with the Secretary of State after passing the Senate 43-3 and House 75-15.

Delta-8 in neighbouring states

Rules change at the state line. Here is how delta-8 THC is treated in the states bordering North Dakota, as of September 2026:

• Minnesota: Cannabis retailers only, 21+
• South Dakota: Converted delta-8 banned
• Montana: Banned as a synthetic cannabinoid

Carrying products across state lines can break the law of the state you enter, and federal law also applies. Check the destination state’s rules first.

THCA in North Dakota

THCA is treated differently: in North Dakota it is Banned above 0.3% total THC as of September 2026. Read our guide to THCA law in North Dakota, or compare the two compounds in THCA vs Delta-8.

Frequently asked questions

Is delta-8 illegal in North Dakota?

Yes. Since SB 2096 took effect in 2023, North Dakota law has barred the sale of hemp products containing delta-8 THC or other chemically derived cannabinoids. The state counts delta-8 as a form of THC, and products outside the allowed hemp limits can be treated as Schedule I substances.

Can I buy delta-8 at a North Dakota dispensary?

No. North Dakota’s dispensaries operate only within the medical marijuana programme for registered cardholders, which is regulated separately from hemp. They are not an outlet for hemp-derived delta-8, and the state has no adult-use cannabis dispensaries.

What hemp products are legal in North Dakota?

The state allows products such as hemp fibre, hemp seed foods and oils, and CBD or CBG products in broad spectrum, full spectrum or isolate form within total THC limits set by the Agriculture Commissioner. Vapes made from hemp extract and products with chemically derived cannabinoids are not allowed.

Sources

1. North Dakota Legislative Branch. North Dakota Century Code, Chapter 4.1-18.1, Hemp. ndlegis.gov
2. North Dakota Legislative Assembly. Senate Bill 2096 (68th Legislative Assembly), enrolled text and bill overview (filed with the Secretary of State 24 April 2023). ndlegis.gov
3. North Dakota Department of Agriculture. Retailers must do due diligence on hemp-derived products (9 August 2024). ndda.nd.gov
4. North Dakota Department of Agriculture. Hemp (allowed and prohibited hemp products). ndda.nd.gov
5. North Dakota Legislative Branch. SB 2096, Bill Overview (2023). ndlegis.gov

Editorial note: This page is general legal information, not legal advice, and reflects our reading of North Dakota and federal law as of 24 September 2026. Hemp and cannabis laws change quickly and are enforced differently by different agencies and localities. If you sell, ship or carry these products, check the current rules with the relevant state agency or a licensed attorney.

See the full state-by-state Delta-8 table →