Hemp, THC and CBD laws in North Dakota

4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include hemp extract, commodity or product using hemp, or a hemp substance or product prohibited by this chapter. 5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. a. The term includes: (1) Hemp processed through retting or other processing such that it is a suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials; (2) Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption; (3) Hemp seed pressed or otherwise processed into oil; (4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; and (5) A hemp commodity or product approved in writing by the agriculture commissioner. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta -8 tetrahydrocannabinol, also known as delta -8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner.
...
a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. 4.1-18.1-01.1. Administrative rules. The commissioner may adopt and amend rules consistent with this chapter governing the

4.1-18.1-04.3. Prohibited acts - Licensee. A licensee may not: 1. Chemically modify or convert a hemp extract, or engage in any process that converts cannabidiol into delta -9, delta -8, delta -10-tetrahydrocannabinol, or other tetrahydrocannabinol isomers, analogs, or derivatives; and 2. Sell or distribute hemp or hemp commodities or products that contain chemically derived cannabinoids or were created by chemically modifying or converting a hemp extract. 4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers. 1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request. 2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.

2. "Cannabinoid hemp" means any allowable hemp product that is: a. Produced from hemp flower that does not have generally recognized as safe (GRAS) status as defined by 21 CFR 170.30(c) and 170.3(f); b. Has a level of total tetrahydrocannabinol that does not exceed 5 milligrams per serving; and c. Has a total CBD: total tetrahydrocannabinol ratio greater than 15:1, if CBD is not the primary advertised cannabinoid, the sum of cannabinoids excluding tetrahydrocannabinol must have a ratio of 15:1 tetrahydrocannabinol or higher.
...
History: Effective July 1, 2024.
...
7-20-01-04. Distribution and retail sale of cannabinoid hemp. Cannabinoid hemp products may be distributed and sold in the state if the product meets the requirements of this chapter and section. 1. The COA must be physically available in the retail location or available by a QR code on the product label. 2. The hemp extract must be the product of a batch tested by an independent testing laboratory, which does not contain contaminants unsafe for human consumption. 3. Retail locations and retailers may not: a. Market, entice, or encourage minors to purchase or use any hemp products; b. Make health claims when advertising for any hemp products; or c. Advertise with false, misleading, or deceptive statements about the hemp products.

Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective
365 days after the enactment of this Act, Section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--
...
``(A) In general.--The term `hemp' means the plant
Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration (including
tetrahydrocannabinolic acid) of not more than 0.3
percent on a dry weight basis.
...
``(C) Exclusions.--Such term does not include--
...
``(iii) any intermediate hemp-derived
cannabinoid products which are marketed or sold as
a final product or directly to an end consumer for
personal or household use; or
``(iv) any final hemp-derived cannabinoid
products containing--
``(I) cannabinoids that are not
capable of being naturally produced by a
Cannabis sativa L. plant;
``(II) cannabinoids that--
``(aa) are capable of being
naturally produced by a Cannabis
sativa L. plant; and
``(bb) were synthesized or
manufactured outside the plant;
or
``(III) greater than 0.4 milligrams
combined total per container of--
``(aa) total
tetrahydrocannabinols (including
tetrahydrocannabinolic acid); and
``(bb) any other
cannabinoids that have similar
effects (or are marketed to have
similar effects) on humans or
animals as a
tetrahydrocannabinol (as
determined by the Secretary of
Health and Human Services).
...
``(C) The term `container' means the innermost
wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the
final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge.

SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION.
Until December 11, 2026, the amendments made by section 781 of
division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply
with respect to products described in paragraphs (1)(C)(ii)(I) and
(1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o) (as amended by such section 781).

Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
...
Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.

453.37 Hemp-Based Products
For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer:
Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990).
Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing.
Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).

Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
...
Vape products within, to or from the U.S
...
Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
...
Hemp and CBD

9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)].
...
10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.