Delta 8 THC is Banned in North Dakota: Here Are the Alternatives

Delta 8 North Dakota

Delta 8 THC had a good run in North Dakota until May 2021, when state legislators passed a bill that banned this cannabinoid.

Let’s look at how things went down and if there are chances you can still purchase delta 8 THC products in North Dakota. If not, what to do instead?

Last Update: May 3, 2024


  • Delta 8 THC is not legal in North Dakota. Under state law (SB 2096), all delta 8 THC products are excluded from the definition of hemp, regardless if extracted naturally or through isomerization.
  • You cannot lawfully purchase and possess a hemp-derived product that contains delta 8 THC in North Dakota.
  • THC isomers such as delta 10, THC-O, HHC, THCp, and similar are also banned.
  • The best alternatives to delta 8 in this state are potent full spectrum CBD products with less than 0.3% THC.
  • You can also get our Farm Bill compliant delta 9 THC gummies with less than 0.3% delta 9 THC.

Is Delta 8 THC Legal in North Dakota? 

Unfortunately, delta 8 THC is not legal in North Dakota. The state banned the use and possession of this cannabinoid. 

Under SB 2096 (enacted in 2023), products containing delta 8 THC are excluded from the definition of hemp. This includes previously banned synthetically produced delta 8 THC and naturally derived delta 8 THC. 

In late April 2021, the North Dakota Attorney General’s office proposed changes to the state’s hemp regulations. Under HB 1045, it’s illegal to convert CBD to delta 8 THC. 

The 2021 bill prohibited growers and processors licensed by the state to create and sell products that have undergone “isomerization.” Isomerization is the process used to convert hemp-derived cannabidiol (CBD) into delta 8 THC.  

This bill also amended the definition of hemp by changing the total THC amount allowed in a product. High-concentration THC products (including D-8) became illegal in North Dakota under this bill.

Hemp-derived products lawfully sold up until the SB 2096 ban, must not contain more than 0.3% THC in total, including delta 7, delta 8, and delta 9. After SB 2096, all delta 8 THC products became illegal in North Dakota.

Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC Alternatives in North Dakota?

Delta 8 THC is banned in North Dakota, so it’s best to avoid buying products that contain this cannabinoid. Instead, you can order potent full spectrum hemp-derived CBD products. 

Is there anything better than sugar-free, full spectrum CBD gummies? Warning: they pack a punch. Meaning, we’re not talking about CBD gummies that are the same as the average ones. We’re talking about the real stuff, so you’ll feel the effects of this product. 

If you are not into gummies, shall we suggest some CBD pre-rolls? Check out our quality CBD flower pre-rolls at an affordable price. For a slow burn smoke, try our Bubba Kush CBD Blunt.   

It’s important crucial to get your CBD products from brands that offer a detailed Certificate of Analysis, terpene report, and pesticide report, like Mr. Hemp Flower does. We provide tested and safe products — and are 100% transparent about the ingredients that go into your body. All our products are made with cannabidiol extracted from legally grown hemp. 

So, if things change in the delta 8 and you’re down to ordering some delta 8 THC at any time, we recommend you start with our delicious sugar-free delta 8 gummies or soft gel capsules. You’ll notice that we offer whole-plant hemp products only. That’s because we believe in the power of the hemp plant when consumed in its entire spectrum of compounds. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a hemp cannabinoid that’s almost chemically identical to traditional THC or delta 9 THC. Also known as delta 9’s “twin brother,” D-8 is a less potent version of classic THC. This means that D-8 will get you high but in a less euphoric, paranoid way. 

Studies show that D-8 is half the potency of D-9 when consumed at the same dose which comes down to a tiny difference in structure. Namely, these two THCs differ in the placement of their double bond, which is located on the 8th carbon chain in D-8.

The difference in shape presumably causes this molecule to bind less intensely to the receptors in the endocannabinoid system. This means that you’ll need a higher dose of D-8 to feel the same intensity as with Delta-9 THC. 

Delta 8 THC and Federal Law 

Under federal law, hemp-derived Delta-8 remains in a gray legal area that allows businesses to sell it under the 2018 Farm Bill. The legal complexities come from the fact that D-8 can be made in a lab from hemp-derived cannabidiol (CBD) and thus considered “synthetic”. 

The Drug Enforcement Administration (DEA) released its interim rule on the implementation of the Farm Bill in August 2020. The Farm Bill makes no mention of this cannabinoid and focuses solely on Delta-9 THC. But, the interim rule states that the concentration of D-9 has no impact on the legality of “synthetically derived tetrahydrocannabinols.” Also, in the rule, they clarify that “all synthetically derived tetrahydrocannabinols remain Schedule I substances.” 

Delta-8 naturally occurs in the hemp plant in tiny concentration, so extracting it in its natural state is a financial burden. So, manufacturers use a more efficient process that can convert hemp-derived CBD into Delta-8. 

Experts are now trying to find an answer on whether D-8 made from CBD is a “synthetic” cannabinoid. It’s not an easy question to answer because federal law doesn’t give an explicit definition of “synthetically derived tetrahydrocannabinols.” 

Most experts agree that D-8 is not a true “synthetically derived” compound because synthetic cannabinoids are man-made, dangerous, mind-altering chemicals developed from non-organic sources. Delta-8 is made from hemp-derived cannabidiol (CBD), which definitely makes it a non-synthetic compound. 

Final Thoughts

As of this writing, delta 8 is not legal to buy in North Dakota. The Flickertail State banned the sale and manufacture of D-8 THC products. Residents of North Dakota should avoid buying D-8 products until the law potentially changes or cannabis is fully legalized. 

Delta 8 North Dakota Laws

Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 Gummies

All Delta 9 Products


This hemp derivative is not legal to buy in North Dakota at this time.

You should avoid ordering D-8 products online if you live in North Dakota. The best alternatives are full spectrum CBD products and Mr. Hemp Flower’s Farm Bill compliant delta 9 THC gummies (10mg).

Residents of D-8 friendly states can shop a wide range of products online safely and discreetly.

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

It is safe. D-8 is a natural cannabinoid that’s as safe to consume as any other cannabinoid found in hemp. The risk comes from poor quality, untested products.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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