Marijuana Hemp and CBD Regulation in North Dakota

What Are The State’S Specific Regulations Regarding The Cultivation Of Industrial Hemp in North Dakota?

Under North Dakota state law, industrial hemp may only be cultivated for commercial purposes by individuals or groups who have received an industrial hemp license from the North Dakota Department of Agriculture. License holders must provide the department with their plans for cultivation, including the land and GPS coordinates of the field. The applicant must also provide information on the landowner, the cultivator, a list of varieties to be planted, and the estimated acreage of the industrial hemp crop. The North Dakota Department of Agriculture must inspect and approve all license applications. All industrial hemp produced in the state must be tested for THC content and must not exceed the 0.3% limit. License holders must also submit records, including sales of hemp products, to the North Dakota Department of Agriculture.

Are There Licensing Requirements For Hemp Growers And Processors in North Dakota?

Yes, hemp growers and processors in North Dakota are required to obtain licenses from the North Dakota Department of Agriculture. The requirements for licensing vary depending on the type of license being applied for.

What Is The Legal Definition Of Industrial Hemp in North Dakota?

In North Dakota, industrial hemp is defined as “any variety of the cannabis sativa plant, or any part of the cannabis plant, other than the mature stalks, its fiber, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil or cake made from the seeds of such plant with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Do State Regulations Allow For The Sale Of Hemp-Derived Cbd Products in North Dakota?

No, state regulations do not allow for the sale of hemp-derived CBD products in North Dakota. The state Department of Health does not permit the sale, distribution, or possession of any product containing industrial hemp or its derivatives, including CBD products.

Are There Restrictions On The Types Of Cbd Products That Can Be Sold, Such As Edibles, Tinctures, Or Topicals in North Dakota?

Yes, North Dakota does have restrictions on the types of CBD products that can be sold. Edibles and tinctures are not allowed for sale, and only certain types of topicals may be sold. Additionally, all CBD products must contain less than 0.3% THC, the psychoactive compound found in cannabis.

What Labeling And Testing Requirements Apply To Hemp-Derived Cbd Products in North Dakota?

In North Dakota, labeling and testing requirements for hemp-derived CBD products are fairly minimal. The state does require that any products containing CBD must have labels that include the name of the product, the net weight, and the manufacturer’s contact information. Additionally, North Dakota requires any CBD products to be tested by an independent laboratory for potency and contaminants, including heavy metals, pesticides, and microbials. The results of these tests must be made available to the public upon request.

Do Regulations Differentiate Between Hemp-Derived Cbd And Marijuana-Derived Cbd in North Dakota?

Yes, North Dakota does differentiate between hemp-derived CBD and marijuana-derived CBD. The North Dakota Department of Health has adopted rules to regulate hemp-derived products, including CBD. Hemp-derived products are defined as containing less than 0.3% THC and must be derived from plants and seeds that are lawfully produced in accordance with the federal Farm Bill. Marijuana-derived CBD products, however, remain illegal in North Dakota.

Are There Restrictions On The Advertising And Marketing Of Cbd Products in North Dakota?

Yes, there are restrictions on the advertising and marketing of CBD products in North Dakota. The North Dakota Department of Agriculture has implemented regulations to restrict the marketing of CBD products. These regulations include restrictions on the use of health claims, medical claims, and testimonials in advertising, as well as restrictions on packaging and labeling requirements. Additionally, retailers are prohibited from making any representations that the product has been approved by the FDA or that it can be used to diagnose, treat, cure, or prevent any disease.

What Is The Legal Age For Purchasing And Consuming Hemp-Derived Cbd Products in North Dakota?

It is illegal for anyone of any age to purchase or consume hemp-derived CBD products in North Dakota.

Is It Legal To Sell Or Use Smokable Hemp Products in North Dakota?

Yes, it is legal to sell or use smokable hemp products in North Dakota. The North Dakota Department of Agriculture has developed a hemp program in accordance with the 2018 Farm Bill, which included the legalization of hemp and hemp-derived products in the state. As such, it is legal to distribute, process, consume, and possess hemp products such as smokable hemp flower.

What Are The Thc Concentration Limits For Hemp-Derived Cbd Products in North Dakota?

There is no limit on the THC concentration in hemp-derived CBD products in North Dakota. The state does not require testing of CBD products for THC levels.

Are There Restrictions On The Sale Of Cbd-Infused Foods And Beverages in North Dakota?

Yes, there are restrictions on the sale of CBD-infused foods and beverages in North Dakota. North Dakota defines “marijuana” as cannabis with more than 0.3% THC. Therefore, all food or beverage products infused with hemp-derived CBD must contain less than this amount of THC in order to be legally sold in the state. Additionally, only those businesses approved to cultivate, process, and/or sell industrial hemp products can apply for a license to manufacture CBD-infused food or beverages.

Do Regulations Permit The Sale Of Cbd Products In Dispensaries, Pharmacies, Or Retail Stores in North Dakota?

No, regulations do not permit the sale of CBD products in dispensaries, pharmacies, or retail stores in North Dakota. Under North Dakota law, the sale of CBD products is still illegal unless it is a hemp product that was cultivated and regulated under the authority of the North Dakota Industrial Hemp Program Act.

Are There Any Limitations On The Sale Of Cbd Products Across State Lines in North Dakota?

Yes, there are some limitations on the sale of CBD products across state lines in North Dakota. The North Dakota Department of Agriculture has issued guidance stating that CBD products must be produced and sold in compliance with all applicable state and federal laws. Additionally, the North Dakota Attorney General’s Office has stated that CBD products may only be sold to consumers in North Dakota if they are produced in the state, and if the product is tested and meets all applicable standards and requirements.

What Penalties Or Consequences Can Businesses Face For Non-Compliance With Hemp And Cbd Regulations in North Dakota?

Businesses that fail to comply with the hemp and CBD regulations in North Dakota can face a variety of consequences, ranging from civil penalties to criminal penalties. Civil penalties for violations of the regulations can include fines of up to $10,000 per violation. Criminal penalties, such as imprisonment and/or fines, can also be imposed upon businesses for failure to comply with the regulations. Additionally, businesses that violate the regulations may be subject to administrative action from the North Dakota Department of Agriculture, such as license revocation, suspension, or refusal to issue a license.

How Does Our State Handle Cbd Testing, Quality Control, And Product Recalls in North Dakota?

The North Dakota Department of Agriculture (NDDA) is responsible for the enforcement of the state’s Hemp Program rules and regulations, including testing of CBD products for quality control and product recalls. The NDDA requires that all hemp-derived products be tested for cannabinoids, heavy metals, mold, pesticides, and mycotoxins. Products must meet or exceed the 0.3% THC limit set by the 2018 Farm Bill. All test results of hemp products must be submitted to the NDDA and the NDDA reserves the right to conduct their own testing. If an issue is identified with a product that fails the testing requirements, the NDDA may order a product recall.

Do State Regulations Address The Issue Of Cbd As A Dietary Supplement Or Food Additive in North Dakota?

No. North Dakota does not have any specific regulations regarding the use of CBD as a dietary supplement or food additive. However, it is important to note that the FDA has determined that CBD does not meet the definition of a dietary supplement, and therefore cannot be sold as such. Therefore, it is best to consult with a knowledgeable healthcare professional before adding CBD to your diet.

Is There A System In Place For Reporting Adverse Effects Or Health Concerns Related To Cbd Products in North Dakota?

Yes, the North Dakota Department of Health (NDDoH) has established a system for reporting any adverse effects or health concerns related to CBD products. Consumers can report such issues directly to the NDDoH via their complaint form found on their website.

Are There Specific Regulations For Labeling And Packaging Of Hemp-Derived Cbd Products in North Dakota?

Yes, North Dakota has specific regulations for labeling and packaging of hemp-derived CBD products. The regulations are set by the North Dakota Industrial Hemp Program. The regulations include requirements for product labeling that must include information about the type of hemp and the milligrams of CBD content, as well as child-resistant packaging and a warning label that includes language regarding the potential intoxicating effects of hemp products.

What Resources Are Available To Help Businesses And Consumers Understand And Comply With Hemp And Cbd Regulations in North Dakota?

The North Dakota Department of Agriculture provides a variety of resources to help businesses and consumers understand and comply with hemp and CBD regulations in the state. The department’s Hemp Industry web page provides an overview of the state’s hemp regulations as well as links to applications, forms, and information about licensed producers and handlers. The department also has a Hemp Advisory Board that meets quarterly to discuss hemp issues. Additionally, the department offers a hemp-specific newsletter and information on industrial hemp research activities, grant opportunities, workshops, conferences, and other events. There are also several organizations that offer resources to help businesses and consumers understand and comply with hemp and CBD regulations in North Dakota. These organizations include the North Dakota Hemp Association, the U.S. Hemp Roundtable, the National Hemp Association, Vote Hemp, and the Hemp Industries Association.