Is THCA legal in North Dakota? North Dakota hemp and kratom laws

The law in North Dakota

North Dakota does not write a fixed THC percentage into its hemp statute. Chapter 4.1-18.1 defines hemp by a total THC concentration "determined by the commissioner," and section 4.1-18.1-04.1 lets the Agriculture Commissioner set that level up to the federal 2018 Farm Bill limit. The Department of Agriculture applies 0.3 percent total THC. The law counts delta-7, delta-8 and delta-10 as forms of THC, and it computes total THC as THCA times 0.877 plus THC.

The chapter also lists what counts as a hemp commodity or product: fiber, hemp seed and seed oil, CBD and CBG products, hemp tinctures and hemp topicals, among others. A hemp topical may hold no more than 50 mg of total THC a container. Cannabis or hemp-derived products that fall outside the list are left to chapter 19-24.1, the medical marijuana law.

1. April 21, 2023The Governor signs SB 2096, barring delta-8 and chemically derived cannabinoids in hemp products.
2. July 1, 2024The Department of Agriculture's hemp product rules, NDAC chapter 7-20-01, take effect.
3. August 5, 2026An executive order bars the sale, use and possession of all kratom in the state.
4. September 4, 2026HB 1628 is signed and takes effect; the executive order is rescinded.
5. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA, flower and vapes

Because THCA is part of the total, the Department of Agriculture's retailer guidance says THCA flower must be under 0.3 percent total THC, and that products it has seen on the market typically run above 20 percent, which makes them illegal in the state. Hemp flower may be sold if it comes from legally harvested plants, stays under 0.3 percent total THC and has no other cannabinoid added.

The definition of a hemp product leaves out any compound extracted from hemp to make an inhalant, and the department reads that as barring every hemp-extract vape cartridge and disposable, THCA vapes included. It also says a drink or edible whose only cannabinoid is delta-9 THC is psychotropic and not legal, and the statute lets the commissioner disapprove any psychotropic hemp product in writing.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Delta-8 and converted cannabinoids

Senate Bill 2096, signed on April 21, 2023, rewrote the chapter at the commissioner's request. Section 4.1-18.1-04.4 now bars anyone from selling hemp or a hemp product that contains delta-8 THC or a chemically derived cannabinoid, and section 4.1-18.1-04.3 bars licensed growers and processors from converting CBD or a hemp extract into any THC. The definition of a hemp product names THC-O, HHC and THCP as excluded. A court may assess a civil penalty of up to $5,000 for each violation of the chapter.

Serving limits, labels and packaging

The department's rules, in effect since July 1, 2024, define cannabinoid hemp as a product with no more than 5 mg of total THC a serving and a CBD to THC ratio above 15 to 1. Labels must list ingredients, allergens, a serving suggestion, the advertised cannabinoids and the maximum total THC a serving, an expiration date and a set of consumer warnings, and packaging must be plain, tamper-evident, child-resistant and not attractive to children. The certificate of analysis must be on hand in the store or reachable by a QR code on the label.

CBD in food, and age

Section 4.1-18.1-04.4 says hemp-derived products not approved by the FDA may not be sold as dietary supplements or as food or beverage products. The department's product list allows tinctures, topicals and edibles with CBD, CBG or CBN that contain no synthetic cannabinoids and bars dietary supplements, and its rules require a nutrition facts panel on edible cannabinoid hemp products. We found no court ruling or Attorney General opinion that reconciles the statute with that guidance.

No North Dakota statute we found sets a minimum age to buy hemp or CBD products. The rules require the label to say the product is not for minors and bar retailers from marketing hemp products to minors.

Kratom, kava, amanita and spores

North Dakota moved quickly on kratom in 2026. An executive order barred the sale, use and possession of all kratom from August 5. In the September special session, Senate Bill 2408, which would have made kratom itself Schedule I, failed in the House 46 to 47 on September 4, and House Bill 1628 passed instead; it took effect when filed that day and the Governor rescinded the order.

House Bill 1628 puts kratom alkaloid derivatives in Schedule I, including 7-hydroxymitragynine in leaf material above 0.05 percent, mitragynine pseudoindoxyl, MGM-15, MGM-16 and 7-acetoxymitragynine. New chapter 51-38 allows only pure leaf kratom, bars extracts and products that look like candy, requires lab testing and labels showing mitragynine and 7-hydroxymitragynine, and bars sales to anyone under 21. Processors and retailers need an Attorney General license ($10,000, then $5,000 a year), none may be issued until the Attorney General adopts rules, and we found no adopted rules as of November 12, 2026. We found no North Dakota statute naming kava, amanita muscaria or mushroom spores; psilocybin and psilocyn are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.