Is Delta-10 THC Legal in North Dakota?

Last reviewed: May 22, 2026

No. North Dakota HB 1045 (2021) amended N.D. Cent. Code chapter 4.1-18.1 to treat tetrahydrocannabinol as delta-9 plus any structural, optical, or geometric isomers. Delta-10 falls inside that definition. The same bill prohibited isomerization of CBD into THC, which captures the chemical-conversion pathway used to produce delta-10. Delta-10 products are not lawful at North Dakota hemp retail.

North Dakota cannabis and hemp overview

North Dakota approved medical cannabis through Measure 5 (2016) and rejected adult-use legalization in 2018, 2022, and 2024. The Department of Agriculture administers industrial hemp under N.D. Cent. Code chapter 4.1-18.1; the Department of Health and Human Services administers the medical program.

Delta-10 THC is an isomer of delta-9 produced almost exclusively through chemical conversion from hemp-derived CBD or delta-9. That synthetic-conversion pathway is what HB 1045 targeted in 2021. For the parallel framework on delta-8, see our North Dakota delta-8 page.

What North Dakota law actually says about delta-10

HB 1045, signed by Governor Burgum on April 26, 2021, amended N.D. Cent. Code chapter 4.1-18.1. The amended definition of tetrahydrocannabinol includes delta-9 and any structural, optical, or geometric isomers. Delta-10 is a structural isomer of delta-9 and falls directly inside that statutory reach. The bill separately prohibited hemp processors from creating products through isomerization of CBD into THC, which is the production method used for nearly all commercial delta-10.

SB 2096 (2023) tightened the framework further by excluding delta-8 products from the hemp definition. While SB 2096 named delta-8 specifically, the broader HB 1045 isomer language continues to apply to delta-10.

How enforcement has played out

The Department of Agriculture handles hemp licensing and inspections. The Attorney General has settled enforcement cases against out-of-state operators shipping intoxicating hemp into the state, with priority on packaging that resembles mainstream candy or appeals to minors and on documentation of cannabinoid origin. Hemp processors operating in the state must demonstrate they are not isomerizing CBD into any THC isomer.

What this means for retailers selling delta-10 in North Dakota

• Pull all delta-10 SKUs from shelves and online listings into the state.
• Treat any certificate of analysis disclosing delta-10 content as flagging the product for the HB 1045 isomer prohibition.
• Document the upstream cannabinoid source and conversion process for any hemp product; isomerization records are a compliance touchpoint.
• Verify identification at point of sale; minors-focused enforcement has been a consistent Attorney General priority.
• Pull packaging that resembles candy brands or marijuana branding.
• Plan for federal H.R. 5371 section 781 effective November 12, 2026, which excludes synthetic and chemically converted cannabinoids from the federal hemp definition.

What this means for consumers buying delta-10 in North Dakota

Delta-10 products are not lawful at North Dakota retail. Delta-10 produces effects similar to delta-9 and its metabolites overlap with delta-9 metabolites on standard drug tests. Specialty panels can sometimes distinguish them but are uncommon. Inbound shipments are subject to seizure. Qualifying patients can access medical cannabis through the Compassionate Care Act program.

Pending federal change

The biggest near-term shift is federal. H.R. 5371 section 781 was signed November 12, 2025, and takes effect November 12, 2026. The bill explicitly excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-10 is produced through hydrogenation or chemical conversion of hemp-derived CBD or delta-9, so the provision aligns federal law with North Dakota's existing position. For background see our 2018 Farm Bill revision explainer.

Frequently asked questions

Is delta-10 legal in North Dakota in 2026?
No. HB 1045 (2021) treats delta-10 as a structural isomer of THC and prohibits isomerization of CBD into THC.

What is delta-10 THC?
An isomer of delta-9 produced through chemical conversion (typically hydrogenation) from hemp-derived CBD or delta-9. It produces effects broadly similar to delta-9 with a slightly different pharmacological profile.

Does delta-10 show up on a drug test?
Yes. Delta-10 metabolites overlap with delta-9 metabolites on standard urine and saliva screens.

Can I ship delta-10 to North Dakota?
Inbound shipments are subject to seizure. The Attorney General has settled cases against out-of-state sellers shipping intoxicating hemp into the state.

How does delta-10 compare to delta-8 in North Dakota?
Both are excluded. Delta-8 was excluded explicitly by SB 2096 (2023). Delta-10 is captured by the HB 1045 isomer definition. See our North Dakota delta-8 page for the parallel analysis.

What changes November 12, 2026?
Federal H.R. 5371 section 781 excludes synthetic and chemically converted cannabinoids from the federal hemp definition.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in North Dakota changes frequently. For business compliance questions, consult a North Dakota-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.