Is Delta 9 Legal in North Dakota?

The 2018 Farm Bill made hemp products like delta 8 THC legal by taking hemp off the Controlled Substances Act. But what about the closely related delta-9 THC compound? With conflicting state and federal hemp laws, is delta-9 THC legal in North Dakota? View the full Bill Here: CHAPTER 4.1-18.1

What Does Federal Law Say About Delta 9 THC?  

Under federal law, traditionally only cannabidiol cbd derived from hemp was legal product, not THC. However, a loophole for THC derived from legal hemp has emerged. In 2018, the Farm Bill made hemp products legal by removing them from the list of controlled substances.

So while the psychoactive delta-9 THC compound is still illegal if derived from cannabis plants that contain over 0.3% delta-9 THC, there is growing debate around THC derived from legal hemp plants. 

Uncertainties Around Delta 9 From Hemp

Delta-9 THC itself remains a schedule 1 controlled substance at the federal level if derived from non-compliant cannabis. But its status becomes more confusing when it comes from federally legal hemp plants instead. 

This contradiction has led many to claim hemp derived delta 9 thc from legal hemp may technically be legal too if it meets regulations around THC limits. Still, there has yet to be official federal guidance issued on this.

How Do North Dakota State Laws Handle Delta 9?

Federal laws and individual state laws allow for the possibility of legal hemp products containing delta-9 THC. This leads to potential conflicts between state and federal laws.

North Dakota legalized hemp production after the 2018 Farm Bill through Senate Bill 2344, aligning state laws with federal legalization. But the state has not expressly outlined laws around delta-9 THC itself.

Without explicit banning or restrictions, it defaults to federal laws suggesting it may be legal if derived from legal hemp. But the legal uncertainty remains.

Understanding THC Compounds and the Entourage Effect

While delta-9 THC is the main psychoactive compound in cannabis, there are actually multiple different natural THC variants and analogues that can elicit somewhat different effects.

Another rising star is delta-8 THC, which can induce less intense psychoactive effects compared to delta-9 according to some users. This allows them to get desired benefits like relief for stress or pain with less risk of side effects like anxiety or foggy-headedness that can occur from potency that is too high.

But THC isn’t the only important compound. In addition to the popular CBD, cannabis contains a variety of other cannabinoids, flavonoids, and terpenes. 

Research into the “entourage effect” shows that these compounds likely work synergistically to help maximize benefits. Having a balance and mix of these cannabis compounds, rather than isolating single compounds like just THC or just CBD, can lead to better experiences. 

Understanding these distinctions can be helpful for consumers to understand what effect profiles they may prefer and also why access to balanced, full-spectrum hemp and cannabis products can be important.

As policies continue evolving, we may see regulators gain a more nuanced appreciation for how different ratios of THC, CBD, and other key compounds contribute in their own ways to the entourage effect for various consumers.

The Drug Testing Debate

One commonly asked question around emerging hemp-derived THC products is whether they could lead to failing a drug test for cannabis, even when legally sourced. This raises fair concerns that impact consumer interest and regulatory policy alike when it comes to compounds like delta-9.

Most standard employee drug tests detect trace amounts of the THC metabolite THC-COOH. This can remain detectable in urine for days or even weeks after cannabis consumption. These tests do not actually test for delta-9 THC itself.

However, if delta-9 is consumed from any source, it will convert into THC-COOH. This means that there is still a possibility of failing tests if a sufficient amount of delta-9 is consumed from hemp. But there has been little research definitively confirming if common hemp-sourced THC levels could surpass testing thresholds.

These uncertainties have stalled regulators from fully embracing hemp-derived THC products. No one wants to promote access to legally sourced products that could still unfairly cause issues with drug testing policies. 

More scientific data around metabolite thresholds could help assuage these concerns. Alternative testing methods sensitive enough to distinguish hemp-derived THC compounds from cannabis use during intoxication may also help accelerate policy changes.

The debate and emerging research remains ongoing. But concerns around unfair failed drug tests have certainly clouded delta-9 legalization efforts despite the 2018 hemp reforms. Policymakers will be paying close attention to how this area evolves.

Is Delta 9 THC Legal in North Dakota Right Now?

The proper answer around North Dakota and delta-9 laws is that it remains unclear. Consumers should be careful because there are no clear laws about the legality of delta-9 THC from hemp.

With hemp products now legal, some argue that delta-9 THC derived from legal hemp plants meeting THC thresholds may fall into legal gray area. But law enforcement agencies could still potentially see things differently.

Common Questions Around Delta 9 THC Legality

Can I purchase delta-9 products online in North Dakota? 

Likely yes, but there are risks to receiving shipments as legality remains questionable. Some online delta-9 retailers claim to ship to North Dakota, but state laws are still unsettled.

Is delta-9 THC legal for medical use?

No, North Dakota has a very limited medical marijuana program only allowing the use of cannabis with under 0.3% THC. Delta-9 THC access is still restricted.

Can I grow hemp and make delta-9 THC?

You can legally grow federally compliant hemp in North Dakota. But extracting your own delta-9 THC remains legally questionable, even if derived from hemp. Additional clarity from policymakers over hemp extractions is still needed.  

Will North Dakota Eventually Legalize Delta 9 THC?

Possibly. Since the state aligned hemp laws with federal legalization, that indicates an openness to permitting hemp-derived products if they remain federally lawful. We may see more states legalizing delta-9 THC after clarification from regulators.

Get Delta-9 Products You Can Trust, Shipped to North Dakota

Of course, consumers still have to be discerning about product sources given the legal uncertainties that remain. One company leading innovation in this space is Triangle Hemp Wellness. All of their hemp extracts and THC products strictly follow federal regulations around hemp sourcing and THC thresholds. This includes their selection of delta-9 products, which they test for quality control as well.

Triangle Hemp Wellness stands behind their products’ compliance and safety, giving consumers seeking compounds like delta-9 peace of mind. They offer online ordering and shipping to most states, including North Dakota residents waiting for clearer hemp laws. Consumers can have these top-quality hemp products reliably delivered.

The Takeaway

Current North Dakota state laws do not definitively address delta-9 THC derived from legal hemp plants. This situation creates complex legal uncertainties until regulators or lawmakers provide dditional guidance.

Currently, access to delta-9 THC will stay limited until there is more clarity or sufficient public pressure for legislative changes. The laws on hemp and cannabis are changing at both the federal and state levels. This may result in the legalization of certain types of delta-9 THC in more states. One of these states could be North Dakota. Consumers interested should monitor upcoming policy changes closely.