CBD In North Dakota
2021 Complete Guide
ND CBD 2021
Is CBD in North Dakota Legal?
Technically, in the state of North Dakota, CBD laws stipulate that unless a CBD product is approved by the FDA, it is not legal. But that doesn’t stop residents from selling and buying hemp CBD.
In this post, we’ll go over the difference between hemp-derived CBD oil and marijuana-derived cannabis oils that contain CBD. We’ll also discuss the medical conditions for which these products are approved, the specific legalities of each, and why you might want to choose one over the other. We’ll also look into where you can get your hands on CBD oil in North Dakota. Let’s get started.
What Is CBD Oil?
With all the media attention focused on cannabis in the past decade, the vast majority of Americans are now familiar with the plant. Humans have been cultivating Cannabis sativa, for eons for both medicinal use and as a valuable source of seeds, greens, and fibers for textiles and building materials.
Most people are familiar with a family of compounds found in cannabis called cannabinoids. The most famous of these are THC and CBD. While THC is responsible for the buzz that comes with marijuana use, CBD, which is non-intoxicating, is also powerful medicine. And there is another family of compounds that is as important to the plant’s medicinal effects which are known as terpenes.
More than 80 cannabinoids are produced in the cannabis plant. The two most abundant are delta-9 tetrahydrocannabinol, aka THC, and cannabidiol, aka CBD. These two cannabinoids typically account for more than 95 percent of the cannabinoid content. The most potent cannabis buds contain total levels of cannabinoids approaching 25%, or even higher in some cases. That means that a full quarter of the weight of the bud is made up of these sticky, oily compounds.
Because of its intoxicating effects, not to mention that it’s still federally illegal, the cultivation and sale of the marijuana is strictly regulated in North Dakota. If the THC content of the plant is above 0.3 percent, the plant is classified as marijuana, and is therefore subject to the state’s marijuana laws. If the THC content is below that 0.3 percent threshold, the plant is considered hemp, and it falls under the state’s agricultural laws.
Just to clarify definitions, technically, oils produced from marijuana are considered cannabis oil, whether or not they contain CBD. The oils extracted from hemp are referred to as CBD oil.
North Dakota hemp and CBD laws FAQ | 2021
Is hemp CBD oil legal in North Dakota?
Although the federal government recently made a distinction between marijuana and hemp and removed hemp from the controlled substances list, it’s still technically not legal in North Dakota outside of the state’s medical marijuana program.
Recently, House Bill 1349 passed muster in both the House and Senate. The bill aligns the state’s definition of hemp with the federal definition of cannabis containing less than 0.3 percent THC. The measure also establishes regulations for the production of hemp in the state.
However, until the FDA gives CBD the all-clear as being safe for consumption by the general public it’s still technically not legal unless you hold a medical marijuana card. So, until then, you’ve got two options:
- Get a recommendation from a doctor to take part in North Dakota’s medical marijuana program.
- Buy CBD oil illegally.
Normally, you probably wouldn’t consider buying a product illegally as a legitimate option, but it’s not like you have to find a black market drug dealer to get your CBD in North Dakota. There are tons of shops in the state selling hemp CBD over the counter — regardless of state law. These shops are especially prevalent in the state’s larger metropolitan areas such as Fargo, Bismark, and Grand Forks. We’ll provide some links at the end of the article.
What Are North Dakota Marijuana Laws?
Although it’s extremely unlikely that the state would prosecute anyone for the possession of hemp CBD oil, technically, until a CBD bill is signed, it falls under the state’s marijuana laws as far punishment is concerned, therefore it’s important to understand those laws.
North Dakota used to have some of the harshest marijuana laws in the country. The possession of even tiny amounts of marijuana was formerly punishable by up to a year in prison and a fine of up to $1,500. Possession of more than one ounce is still a felony and can result in up to a $20,000 fine and 20 years in jail in the worst cases.
However, in April of 2019, the state partially decriminalized marijuana. Under the new measures, which will take effect in August of 2019, marijuana possession will become a Class B misdemeanor. Possession of less than a half-ounce of marijuana would be punishable by a maximum fine of $1,000.
There is a chance that marijuana could be legalized in the coming years, as a group calling themselves Legalize ND has announced plans to undertake a 2022 ballot initiative to legalize marijuana for adult recreational use. However, officials representing county prosecutors have stated that courts have already been “slapping people on the hands” for small amounts of marijuana.
All things considered, the possession of CBD oil, even small amounts of CBD oil containing THC, is low risk. Nonetheless, it’s probably a good idea to keep your cannabis oil safely tucked away in an unmarked (childproof) bottle.
What About North Dakota Medical Marijuana Laws?
A medical marijuana law was approved by North Dakota voters in November 2016. However, the program is still not fully operational. A single dispensary opened in Fargo in March, and others are anticipated to open later this summer. In total, state laws permit up to eight dispensaries.
Recently, Republican Gov. Doug Burgum signed legislation amending the state’s medical marijuana program. Under the revised law, physicians may recommend medical marijuana to any patient whom they feel can benefit from the drug. That being said, twelve specific ailments were also added to the list of qualifying medical conditions.
North Dakota Medical Marijuana Qualifying Conditions:
Here is a list of some of the medical conditions which might qualify a patient in the state of North Dakota to legally purchase medical marijuana:
- Alzheimer’s Disease or Related Dementia
- Amyotrophic Lateral Sclerosis (ALS)
- Anorexia Nervosa
- Anxiety Disorder
- Autism Spectrum Disorder
- Brain Injury
- Bulimia Nervosa
- Crohn’s Disease
- Decompensated Cirrhosis Caused by Hepatitis C
- Ehlers-Danlos Syndrome
- Interstitial Cystitis
- Post Traumatic Stress Disorder (PTSD)
- Rheumatoid Arthritis
- Spinal Stenosis or Chronic Back Pain, including Neuropathy or damage to the nervous tissue of the spinal cord with objective neurological indication of Intractable Spasticity
- Tourette Syndrome
- Terminal Illness
- Chronic or debilitating disease or medical condition or treatment for such disease or medical condition that produces one or more of the following: (1) Cachexia or wasting syndrome; (2) Severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects; (3) Intractable nausea; (4) Seizures; or (5) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
What medical conditions are being treated with CBD in North Dakota?
There a handful of reasons that are commonly cited for using CBD oil and other CBD products such as CBD edibles, skin creams, beverages, etc. The most common reasons for using CBD are to reduce anxiety, relieve pain, and improve sleep.
However, CBD is being used to treat a wide array of additional medical conditions.
Medical conditions being treated with CBD:
Which Type Of CBD Oil Is Best For You? Do You Really Need The THC?
Assuming you have a medical marijuana card, you have your choice of cannabis oils containing THC or hemp CBD oils which are essentially devoid of THC. The question is, aside from using cannabis for “recreational” purposes, do you really need the THC? It’s complicated. Some patients do just fine without the THC, while others claim that hemp-derived CBD oils without THC don’t work at all for them.
There are instances where THC can make matters worse. One of the most common reasons that people use CBD oil is to reduce stress and anxiety. However, above certain levels, THC can actually increase anxiety and cause feelings of paranoia.
Moreover, using products containing THC can result in failing a drug test or a roadside sobriety test. This, in turn, can result in losing a job or losing your driver’s license and paying heavy fines. This is true even for patients with medical marijuana cards.
Although many medical marijuana experts and patients insist that issues such as seizures and muscle spasms seem to respond better to cannabis oils when there is some THC, the FDA recently approved a drug called Epidiolex for treating seizures which is essentially pure CBD. In order to get this approval, the drug had to undergo multiple clinical trials in order to prove that the drug is safe and that it actually works.
If you’re just using CBD oil to maintain health and wellbeing, rather than to treat a particular medical condition, then you’re really better off staying away from cannabis oils containing THC.
Another thing to consider is that no matter which kind of CBD oil you buy — hemp or marijuana-derived — is whether to use full-spectrum oils or CBD-infused oils.
Basically, CBD oil is made by extracting the essential oils from the resinous buds of the hemp plant. The raw hemp extract contains not only cannabinoids but also compounds known as terpenes which are actually far more potent than cannabinoids when it comes to their effects on the human body.
Cannabinoids are actually odorless. The dank smell of marijuana and hemp is the result of terpenes. Miniscule amounts of terpenes can greatly influence not only the aroma of the plant but also its medicinal effects. While cannabinoid levels of a plant are measured in percentage of dry weight, terpenes are measured in parts per million.
Raw cannabis extracts have a complete spectrum of cannabinoids and terpenes as found in the original plant, hence the term full-spectrum oil. The raw extract can be filtered and refined and mixed with other oils such as coconut oil.
Cannabis extracts can also be refined to the point of producing pure cannabinoids. These pure cannabinoids can then be infused into things like CBD vape oils or CBD edibles or beverages, CBD skin creams, and so on, or put into capsule or pill form. Products which are made in this way do not contain terpenes and are therefore not considered full-spectrum oils.
Terpenes have a much wider range of medicinal effects than cannabinoids. They have been used in a healing modality known as aromatherapy for centuries.
As a result of the varying amounts of terpenes in different strains of marijuana, the effects of each strain are unique. Some make you more relaxed, others make you more alert. Some are great for helping to reduce pain, others are excellent choices to reduce seizures.
You’ll have to do a little research to determine if a product is a full-spectrum oil or a CBD infused oil. If the ingredients say “hemp CBD oil,” then it’s likely to be full-spectrum oil. If the ingredients only list CBD then it’s likely to be an infused product.
If you’re using CBD oil or cannabis oil for purposes such as reducing seizures, you might want to avoid these full-spectrum products. However, if you’re using CBD to help you sleep at night, you might be better off using a full-spectrum oil. It might take some experimentation to determine what works best for you.
Can I legally purchase CBD online in North Dakota?
There are many companies online selling CBD oil that will be happy to ship their products to residents of North Dakota.
Which hemp and CBD products are legal in North Dakota?
Here’s a list of some of the hemp CBD products available in North Dakota:
Where can I purchase CBD products in North Dakota?
Now that we’ve covered the various types of CBD and the laws pertaining to them, let’s talk about where you can purchase CBD oil.
Hemp CBD or CBD-infused edibles, CBD vape oils, CBD pain and skin creams, and so on can be easily purchased online and shipped right to your doorstep. You’ll generally be able to find a much wider variety of CBD products online than you would in a vape shop or health boutique.
Although they are technically still as of the time of writing not legal for general consumption in North Dakota, CBD products can be purchased in many shops in the state. Someday soon you might be able to just walk into CVS or Walgreens or RiteAid and buy CBD oil. Keep in mind that many online stores, and even some local brick and mortar stores, will not sell you CBD if you’re under the age of 18.
If you’re an approved medical marijuana patient, you can buy both hemp-derived CBD oil and cannabis oil at your local North Dakota marijuana dispensary.