Is CBD Oil Legal in North Dakota?


Is CBD Oil Legal in North Dakota?

Yes. In 2016, North Dakota voters approved the ballot initiative, Measure 5, which laid the framework for the legalization of medical cannabis in the state. Measure 5 allowed qualifying patients in North Dakota to access marijuana-derived CBD. Hemp-derived CBD was legalized in North Dakota with the passage of HB 1349 in 2019. Per HB 1349, CBD products in North Dakota must contain a THC limit not exceeding 0.3%.

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What are North Dakota CBD Laws in 2024?

In January 2019, North Dakota passed HB 1349 to legalize hemp production in the state, hence hemp-derived products, including CBD. HB 1349 legalized hemp cultivation and processing in North Dakota. It defined hemp as precisely the cannabis sativa plant and its numerous derivatives.

In April 2019, another piece of legislation, HB 1113, relating to cannabis, was passed by the North Dakota House of Representatives. It removed hemp and hemp-derived products such as CBD from the North Dakota list of controlled substances. In tandem with federal law, hemp had been previously classified in North Dakota as a non-medicinal item. HB 1113 excluded hemp from the legal definition of marijuana, meaning that North Dakota residents could use and possess hemp-derived products, including hemp-based CBD, without fear of prosecution.

What are North Dakota CBD Possession Limits?

There are no possession limits for CBD in North Dakota. CBD users can access any quantity of hemp-derived CBD oil or other hemp derivatives. North Dakota, however, has possession limits for marijuana and marijuana-derived CBD. Qualifying patients under the North Dakota medical marijuana program can only possess not more than 3 ounces of marijuana-derived CBD within a 30-day period.

Can Doctors Prescribe CBD Oil in North Dakota?

North Dakota residents do not require a doctor's prescription to purchase hemp-derived CBD. Marijuana-derived CBD, on the other hand, can only be accessed with a doctor's prescription, in keeping with the state's medical marijuana program rules.

Qualifying patients who wish to access marijuana-derived CBD must be suffering from at least one of the following medical conditions:

  • Amyotrophic lateral sclerosis
  • Alzheimer's disease
  • Chronic pain
  • Cancer
  • Cachexia
  • Cirrhosis
  • Crohn's disease
  • Glaucoma
  • Dementia
  • Fibromyalgia
  • AIDS
  • HIV
  • Post-traumatic stress disorder (PTSD)
  • Hepatitis C
  • Nausea
  • Epilepsy
  • Spinal stenosis

How Old Do You Have to Be to Buy CBD in North Dakota?

North Dakota requires anyone shopping for CBD products in shops and dispensaries located in the state to be over the age of 18. This restriction makes CBD products legally unavailable to minors.

What are the Licensing Requirements for CBD in North Dakota?

Under the terms of HB 1359, applicants for hemp grower or processor licenses in North Dakota must submit two forms to the Commissioner for Agriculture. These are the Hemp Pilot Project Proposal Form and the Criminal History Request Form.

The Hemp Pilot Project Proposal Form requires the applicant to indicate the precise county, state, and company from which they intend to acquire hemp seeds for planting. Also, they are required to state whether the hemp seeds will be used to produce fiber, grain, or CBD. The growers license application must include a full legal description of the plot on which hemp cultivation is expected to take place, and an applicant must submit two sets of their fingerprints with the completed form. They are also required to include a $41.25 non-refundable check for the mandatory criminal background check conducted on prospective hemp licensees by the North Dakota Department of Agriculture.

If an applicant turns out to have been convicted of a drug-related felony in the 10-year period before their application, the license will be denied. Providing false or inaccurate information on an application for licensure may also result in the denial or revocation of a hemp license in North Dakota.

North Dakota has a list of guidelines for CBD product labels. All CBD products must be packaged in containers having the following:

  • The manufacturer's name and registration details
  • The date when the product was made
  • The amount of THC and CBD in the product
  • A list of ingredients
  • The expiration date
  • The activation time
  • A warning that the product has not been approved by the FDA for the treatment, cure, or prevention of any disease

Where to Buy CBD in North Dakota?

Hemp CBD oil and other hemp-based CBD products are available for purchase at health stores, groceries, and other retail stores in North Dakota. Marijuana-derived CBD is only available to qualifying patients at any of the state's compassion centers. Hemp-derived CBD products are also available for sale online.

What is CBD Oil?

CBD oil is the resulting product of mixing CBD extract in a carrier oil. Dissolving CBD extract in a compatible oil is necessary for different reasons. The carrier oil dissolves the thick extract paste to make it easier to store, formulate, and ingest. The two commonly used carrier oils for making CBD oil are coconut oil and hemp seed oil.

Cannabidiol, or CBD, is a cannabinoid that comes from the cannabis plant. The cannabis plant contains over 100 chemical compounds known as flavonoids, terpenes, and cannabinoids. The most prevalent cannabinoids in the cannabis plant are CBD and tetrahydrocannabinol, also known as THC. THC is the more psychoactive compound of the two, which means that it can induce mood changes, euphoria, or intoxication in users. It is what gives cannabis consumers a 'high' feeling.

CBD is extracted from the cannabis plant by distilling the raw leaves under high pressure with carbon dioxide. Another extraction method involves the use of pressurized hot water. CBD falls into three types, categorized mainly by the quantity of THC they contain. The first is full-spectrum CBD, which contains flavonoids, terpenes, and THC. The second type is broad-spectrum CBD, which contains a range of cannabis compounds like terpenes, limonene, pinene, and cannabinol. Broad-spectrum CBD has only trace amounts of THC. CBD isolate is the third and purest form of CBD, without any aroma or taste, and contains no THC at all.

CBD is increasingly being cited in medical studies for its therapeutic benefits. Patients suffering from anxiety, seizures, chronic pain, inflammation, loss of appetite, cancer, and glaucoma, among other medical conditions, have reported significant relief from these conditions through the use of CBD products. CBD products take a variety of forms: oils, skin creams and lotions, edibles, capsules, or tinctures. Although the FDA approved Epidiolex, a CBD-based drug for treating seizures caused by Dravet's syndrome and Lennox-Gastaut syndrome, it has also warned against the consumption of CBD-infused food and beverages.

In 2018, the U.S. Congress passed the Agriculture Improvement Act, also known as the 2018 Farm Bill. This bill removed hemp from the Schedule 1 category of items listed in the Controlled Substances Act. According to the provisions of the Agriculture Improvement Act, hemp, from which CBD is produced, is considered an agricultural crop. Industrial hemp, which has a THC quantity of 0.3% or less, is the raw material for legal CBD production. Marijuana-derived CBD has a THC quantity of more than 0.3% and is more strictly regulated in states with medical marijuana programs. CBD is legal in the State of North Dakota.

What Does CBD Do?

CBD has a calming, protective effect on the nervous system. This property is responsible for the FDA approval of a CBD medication for the treatment of certain epileptic seizures. Studies also show that the neuroprotective benefits of CBD may extend beyond an anti-seizure effect. There is evidence to support the use of CBD in the management of some mental health disorders such as depression and anxiety. CBD is also believed to be effective for insomnia, loss of appetite, chronic pain, and inflammation.

Does CBD Show Up on North Dakota Drug Test?

While CBD does not show up on drug tests, the THC in most CBD products can show up on tests intended to detect cannabis use. These tests detect THC and its metabolites. While regular use of regulated CBD products is unlikely to make you fail a drug test, some unregulated products contain more THC than indicated on their labels. Regularly consuming such products may lead to the accumulation of detectable levels of THC metabolites in the body.

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