Delta 8 THC in North Dakota: Is It Legal & Where to Buy in 2022?

Area 52
June 29, 2021 | Legal

In the United States, many laws affect the legality of marijuana and its derivatives — sometimes, these laws contradict each other.

Whether federal or state, the rules can be very different in each country’s area, creating confusion for recreational and medical users.

Because the legality of marijuana is such a complex topic, today, we’ll dedicate an entire article to discuss the legality of one particular cannabinoid, delta 8, in North Dakota.

In addition, you’ll learn a little more about this trendy cannabinoid, talk about its future and that of marijuana in general within the United States.

Is Delta 8 THC Legal in North Dakota?

Delta 8 THC oil extract in a bottle and leaves

Delta 8 THC is illegal in North Dakota.

In 2018, President Donald Trump signed the 2018 Farm Bill, which allowed for the production and consumption of hemp in the United States. Effective immediately, hemp was removed from the controlled substances list and entered the unregulated market.

However, growing hemp is different from growing any other plant. This plant must produce less than 0.3% THC to classify as hemp rather than marijuana (which is still listed as a Schedule I drug).

This law simultaneously made delta 8 THC legal in the United States as long as it met a few strict criteria.

This cannabinoid is found in hemp (albeit in low concentrations.) This means that we can extract it from a cannabis plant with delta 9 THC content of less than 0.3%, making it legal.

However, this isn’t true for all states.

North Dakota House Bill 1045 explicitly states that delta 8 THC is prohibited in this state [1].

There are many where state law provides for the prohibition of all tetrahydrocannabinol, a category in which delta 8 falls. Some states only ban delta 9 THC; others ban all forms of THC. North Dakota is an example of the latter.

There’s also some debate around whether or not delta 8 THC is considered a synthetically derived cannabinoid. This would make it illegal on a federal level, even if it were derived from hemp.

This controversy is because delta 8 is found naturally in marijuana. A hemp plant will generate it without human intervention. This essentially means delta 8 THC is not synthetically derived. Its formation is merely the result of a catalytic reaction that takes place naturally.

Manufacturers recreate the ideal environment for this reaction to occur, rather than synthetically modifying the starting molecule (which is also a natural substance, by the way).

Where to Buy Delta 8 THC in North Dakota

Unfortunately, you won’t be able to buy delta 8 THC in North Dakota. It’s illegal for shops or online vendors to sell within this state.

With that said, in general, the best way to buy delta 8 THC is through a reliable online vendor.

The benefits of ordering delta 8 THC online:

  • Online shops have better pricing and seasonal discounts
  • When you buy online you can read customer reviews & third-party tests before you buy
  • Ordering online is easier and more convenient
  • Online shops have a greater selection of products
  • Products left on store shelves degrade more quickly

The only way to get it is to travel outside the state and pick some up. Even then, you won’t be able to legally bring it back across the state border when you return.

The same is true for using mail forwarding services like Skypax.

Do I Need A Medical Card in North Dakota To Order Delta 8 THC?

Unfortunately, you won’t be able to purchase delta 8 in the state of North Dakota even if you have a medical marijuana card. This cannabinoid is considered a Schedule I substance, which means it has no medicinal effects according to the law.

However, you’ll be able to access a medical marijuana card in the state of Dakota relatively easily.

First, you’ll need to see your primary care physician for an evaluation. Then, you’ll need his or her recommendation to apply for the medical marijuana program. Approval of the document will be the last step in obtaining a medical marijuana card in North Dakota.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

There are several differences between delta 8 and 9 THC.

These two cannabinoids are analogs of each other — meaning that they share the same chemical formula, but have a slightly different structure.

The only difference being the positioning of their double bond. The number after the ‘delta’ in their names indicates the carbon chain on which the bond is positioned. In delta 8, it’s on the eighth, and in delta 9, on the ninth.

However, the differences between these two cannabinoids are not merely chemical.

Delta 9 THC can be found in concentrations of up to about 30% in the higher content strains, while delta 8 shows lower concentrations in both the cannabis plant and hemp, around 1%.

The effects of delta 9 THC have been studied to a much greater extent than those of its analog, delta 8. However, users of the latter describe its high as less anxiety-laden, more bodily, and more forgiving overall. It appears that some of the side effects of delta 9 THC are not present in delta 8.

Delta 8 also tends to be more sedating in higher doses and has a stronger impact on appetite than delta 9 THC.

Is Delta 8 THC Natural?

cannabis extract and leaves and seeds on wooden spoon

“Of course it is! It’s natural because it occurs in the hemp plant without human intervention.”

“Of course not! To obtain delta 8 for commercialization, it’s necessary to use chemicals. Also, it’s the result of isomerization of another cannabinoid, which makes it not natural!”

Which of these answers is valid?

From a regulatory standpoint, ‘natural’ means nothing in particular. It’s an ambiguous term that can be interpreted in different ways.

A product that comes from a laboratory does not have to be strictly synthetic. As with delta 8, there may be products made in laboratories that are naturally occurring.

Essentially, the issue can be distilled down to this — delta 8 THC is found in nature and is made from another compound found in nature, through a process in nature (albeit in small concentrations).

How to Use Delta 8 THC

More and more companies choose to make infusions with this cannabinoid ranging from delta 8 infused hemp flowers, vapes, topicals, creams, oils, and edibles.

You can find all the same types of products in the delta 8 space as you would for conventional THC or even CBD.

Is Marijuana (Delta 9 THC) Legal In North Dakota?

North Dakota has maintained a very traditional perspective on marijuana — penalizing offenders of marijuana laws and resisting updates to existing policies.

With that said, a medical marijuana bill was passed in North Dakota in 2016. There are currently no recreational cannabis laws approved in the state of North Dakota.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in North Dakota?

No, delta 10 THC is illegal in North Dakota. 

Delta 10 THC is a cannabinoid that’s even less talked about than delta 8.

This cannabinoid was first synthesized in the 1980s. Raphael Mechoulan extracted it from the cannabis plant, although the result was an unusable product due to the toxicity of the products used for the extraction process.

It was not until recently that delta ten was accidentally rediscovered due to the leakage of a fire-fighting product in a large cannabis order by Fusion Farms.

The company processed the cannabinoids as usual, which led to an unexpected result: delta 10 THC.

After much rigorous research, there are now online stores selling delta 10 THC, which falls into the same legal category as delta 8 — making it entirely illegal within North Dakota.

What’s The Future of Delta 8 THC in North Dakota?

As of 2021, delta 8 THC is illegal in the state of North Dakota. However, the country is moving towards the legalization of marijuana by leaps and bounds.

We’re confident that North Dakota will follow the state’s trends and become progressively more permissive on marijuana-related topics.

This is likely going to take some time. This state is notoriously conservative when it comes to cannabis reform, so we’re most likely not going to see any major changes here for at least a few more years.

May we suggest?