US State

Cannabis and hemp laws

North Dakota

Recreational marijuana decriminalized, medical legal

Adult use
Decriminalized
Medical
Legal
Last reviewed
May 27, 2026

North Dakota

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC prohibited as a structural isomer of THC under HB 1045 (2021). Synthetic-conversion production also prohibited under the isomerization ban.

Key law

N.D. Cent. Code ch. 4.1-18.1; HB 1045 (2021); SB 2096 (2023)

Effective

April 26, 2021

Full rules

Delta-8 THC

Illegal

Limits

Delta-8 THC excluded from the statutory hemp definition under SB 2096 (2023). All THC isomers prohibited regardless of natural extraction or isomerization under HB 1045 (2021).

Key law

N.D. Cent. Code ch. 4.1-18.1; HB 1045 (2021); SB 2096 (2023)

Effective

August 1, 2023

Full rules

Delta-9 THC

Restricted

Limits

Total THC at or below 0.3% by dry weight (THCA x 0.877 + delta-9 THC). Synthetic or converted delta-9 excluded under HB 1045. Medical lozenges capped at 5 mg per serving and 50 mg per package under HB 1203.

Key law

N.D. Cent. Code ch. 4.1-18.1; HB 1045 (2021); SB 2096 (2023); HB 1203 (2025) medical edibles

Effective

August 1, 2023

Full rules

HHC

Illegal

Limits

HHC produced through hydrogenation of hemp-derived CBD or delta-9 falls inside the HB 1045 isomerization prohibition. Treated as a synthetic cannabinoid outside the hemp definition.

Key law

N.D. Cent. Code ch. 4.1-18.1; HB 1045 (2021); SB 2096 (2023)

Effective

April 26, 2021

Full rules

THCA

Illegal

Limits

Total THC at or below 0.3% by dry weight (THCA x 0.877 + delta-9 THC). THCA flower at retail potency cannot meet this cap. No adult-use program; medical cannabis under HB 1203 (2025) is separate.

Key law

N.D. Cent. Code ch. 4.1-18.1; HB 1045 (2021); SB 2096 (2023)

Effective

August 1, 2023

Full rules

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North Dakota

Latest news and analysis

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North Dakota 2025: Medical Cannabis Edibles Arrive—Packaging, Labeling, and Dosing Readiness

North Dakota's 2025 medical cannabis edibles rollout introduces packaging, labeling, and dosing requirements that dispensaries and processors must meet.

North Dakota 2025: Medical Cannabis Edibles Arrive—Packaging, Labeling, and Dosing Readiness

North Dakota's 2025 medical cannabis edibles rollout introduces packaging, labeling, and dosing requirements that dispensaries and processors must meet.

FAQ

Common questions

Is marijuana legal in North Dakota?

Recreational marijuana is decriminalized in North Dakota. Medical marijuana is legal.

Is THCA legal in North Dakota?

No. North Dakota measures hemp on a total-THC basis under N.D. Cent. Code chapter 4.1-18.1. The formula (THCA x 0.877) + delta-9 THC must remain at or below 0.3% by dry weight, which captures THCA flower sold at retail potency.

Is delta-8 THC legal in North Dakota?

No. North Dakota SB 2096, signed April 24, 2023, explicitly excludes delta-8 THC products from the statutory hemp definition. HB 1045 (2021) already prohibited isomerization of CBD into THC and treated all THC isomers as controlled.

Is hemp-derived delta-9 THC legal in North Dakota?

Restricted. Hemp-derived delta-9 must satisfy North Dakota's total-THC formula at or below 0.3% by dry weight under N.D. Cent. Code chapter 4.1-18.1.

This is general information, not legal advice.

Seed Legality

No adult-use; medical program bans home grow, so viable marijuana seeds remain contraband under N.D.C.C. 19-03.1.
Hemp seeds
Legal
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

Recreational marijuana remains illegal in North Dakota (voters rejected legalization most recently in 2024), and the Compassionate Care Act medical program (N.D.C.C. ch. 19-24.1) is dispensary-only — the legislature removed home cultivation in 2017, so even registered patients cannot lawfully acquire or possess viable seeds. Marijuana's definition in N.D.C.C. § 19-03.1-01 includes the plant's seeds, making sale, purchase, or gifting of viable high-THC seeds a controlled-substance offense. Hemp seed is lawful under the state hemp program (N.D.C.C. ch. 4.1-18.1), but planting requires a Department of Agriculture hemp license.

Key law:
N.D.C.C. § 19-03.1-01; ch. 19-24.1; ch. 4.1-18.1
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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