New reform for cannabis and hemp is happening around the country. Medical and recreational cannabis are seeing legalization across several states in the country. But there is still some push back from lawmakers, who seem adamant on keeping the War on Drugs alive. However, hemp is making strides as an up and coming option for consumption. Recently, a new hemp product became available to the general public. It’s said to have the same effects as cannabis, but in a less potent and more controllable manner. It’s called Delta 8. 

Delta 8

Delta 8 has been around for a while. It’s similar to the main cannabinoid found within marijuana, Delta 9. Both cannabinoids are psychoactive. But Delta 8 is reported to be more controllable than Delta 9. This is thanks to a structural difference on the molecular level. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain. This difference allows Delta 8 to be less potent than Delta 9. Plus, Delta 8 is considered federally legal. Delta 9 is a Schedule I drug by the DEA and illegal for the general public. How is this possible?

Federal Law

Back in 2018, the USDA passed what is known as the Farm Bill. In this bill, marijuana and hemp are defined separately. Something that hasn’t been done since the Controlled Substances Act passed in the 1970s. The bill states: 

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

This means as long as a final product contains less than 0.3 percent of Delta 9, it is federally legal. And because of the structural difference, Delta 8 products naturally contain less than 0.3 percent of Delta 9.

But just because something is federally legal doesn’t mean it is legal in every state. Each state sets its own rules and regulations when it comes to marijuana and hemp. It’s how some states have legalized medical marijuana and others haven’t. So, what does North Dakota state law say about hemp and Delta 8?

North Dakota State Law

It wasn’t until this year, Delta 8 was legal in North Dakota. But recently, Governor Doug Burgum (R) signed HB 1045, which prohibits any sort of THC from being classified as hemp. The bill says:

“’Hemp’ means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol in an amount determined by the commissioner. The term does not include any commodity or product using hemp which exceeds the allowable amount of total tetrahydrocannabinol determined by the commissioner.

2.”Tetrahydrocannabinol” means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including:

Delta-7 tetrahydrocannabinol;

Delta-8 tetrahydrocannabinol; and

Delta-10 tetrahydrocannabinol.”

HB 1045 became signed as an emergency order, which says that the bill takes effect immediately. It began in April 2021. Laws are always subject to change. Research the laws in your state before purchasing and consuming Delta 8.

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