In a surprising turn of events, it’s not Alabama that will be the first state to specifically ban Delta 8, but North Dakota. The bill sailed through both the House and the Senate without much debate. It changes the definition of hemp under the North Dakota industrial hemp legalization act. 

HB 1045

Originally, North Dakota adopted the same definition of industrial hemp as defined in the USDA’s Farm Bill. Hemp is defined as: 

“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.”

HB 1045 plans to change the hemp definition within North Dakota. And it’s expected to happen soon. The new definition of hemp in the state is:

“‘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 concentration 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.”

The bill continues:

“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

Expected Response

HB 1045 has been under the table for the most part. It isn’t until it now sits on Governor Doug Burgum’s desk that it becomes news. Unfortunately that may be too late to speak out against the Delta 8 and Delta 10 ban in the state. 

Legalize N.D. Chairman Dave Owen has spoken out against this bill, but it seems to have fallen on deaf ears. “The second the governor signs it, it becomes law and this could become a huge problem,” Chairman Owen said once HB 1045 made its way to the governor’s desk. 

Many stores in the state will suddenly be selling illegal products. Right now, they are scrambling to have back-up options for products. They are quickly sell what they have before the potential ban happens. The governor has ten days to sign the bill once it hits his desk. So shop owners have until April 30 to have plans in place for their Delta 8 products and their store as a whole if they specifically sell THC products.

This is a major blow to the hemp industry, which is just now beginning. After making it through Covid-19 and continuing to expand, for North Dakota to halt progress will definitely have a negative impact on the hemp industry.

When the governor signs HB 1045, or if he surprisingly doesn’t, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.