Is THCA Legal in North Dakota? What State Law Says in 2026

THCA in North Dakota at a glance

Status	Banned
Age limit	Not applicable (banned)
Sale	Sale of THCA flower or products above the total THC limit is prohibited outside the medical marijuana programme.
Possession	Possessing high-THCA flower without a medical card risks prosecution as a controlled substance offence.
Product rules	Hemp and hemp products must stay within total THC limits set by the Agriculture Commissioner (0.3% for hemp), with total THC on the label and certificate of analysis; hemp-extract inhalants are excluded.
Licensing	Hemp growers and processors need Agriculture Commissioner licences; medical marijuana is sold only by state-registered dispensaries to cardholders.
Key law	N.D. Cent. Code § 4.1-18.1-01(4) and (11); § 4.1-18.1-04.4; § 19-03.1-05; SB 2096 (2023)
Last major change	August 2023

What North Dakota law says about THCA

North Dakota adopted a total THC definition of hemp through SB 2096 in 2023.² The Century Code now defines total tetrahydrocannabinol as the percentage of THCA multiplied by 0.877, plus the percentage of THC, and it defines hemp as the plant, including its flowers, with a total THC concentration within the amount set by the Agriculture Commissioner.¹ The Department of Agriculture applies a 0.3% total THC standard using that formula.³

High-THCA flower that would pass a delta-9-only test therefore fails North Dakota’s hemp definition. The amended Schedule I entry for tetrahydrocannabinols excludes only the allowable amount of total THC in hemp or an allowed hemp product, so THCA flower above the limit is treated like marijuana.¹² Every hemp product sold must also be tested, with the total THC result on its label and certificate of analysis.¹

North Dakota has a medical marijuana programme but no adult-use market, so the only legal route to THC-rich flower is as a registered medical cardholder buying from a licensed dispensary. Low-THC hemp flower that meets the total THC limit may still be sold, but vapes and other inhalants made from hemp extract are excluded from allowed hemp products.¹³

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, which counts THCA as well as delta-9 THC, and finished products are capped at 0.4 mg of total THC per container. High-THCA flower sold as hemp today will not meet that definition, so from that date it is treated as marijuana under federal law, whatever state law says.

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, and THCA vs delta-9 THC explains why heat turns THCA into delta-9.

Timeline of recent changes

• August 2023: SB 2096 took effect, defining hemp by total THC including THCA and limiting Schedule I exclusions to allowed hemp amounts.
• 24 April 2023: SB 2096, signed by the Governor, was filed with the Secretary of State.

THCA in neighbouring states

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

• Minnesota: Cannabis retailers only, 21+
• South Dakota: High-THCA flower illegal
• Montana: Only as marijuana at dispensaries, 21+

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.

Delta-8 in North Dakota

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

Frequently asked questions

Is THCA flower legal in North Dakota?

No, not if it exceeds 0.3% total THC. North Dakota counts THCA in its total THC calculation, so most THCA flower does not qualify as hemp and is treated like marijuana. Hemp flower that stays within the total THC limit is permitted.

Does North Dakota use a total THC test for hemp?

Yes. State law defines total THC as THCA multiplied by 0.877 plus THC, and hemp must stay within the limit set by the Agriculture Commissioner. Every hemp product sold must be tested, with the total THC result reported on its label and certificate of analysis.

Can medical patients in North Dakota buy THC-rich flower?

Yes. Registered medical marijuana cardholders can buy dried cannabis flower from licensed North Dakota dispensaries within programme limits. That flower is regulated medical marijuana rather than hemp, and it is available only to people who hold a valid registry card.

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. Hemp (allowed and prohibited hemp products). ndda.nd.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 THCA table →