in North Dakota
North Dakota gave the world the cutest and the simplest gift ever: The Teddy Bear. So how does the Peace Garden State fair when we talk CBD Oil Legality here?
Is CBD oil Legal
in North Dakota?
Yes, CBD is legal in North Dakota. Also it should be derived from legally produced Hemp. In fact, North Dakota had legalized Hemp production back in 2016, well before a lot of other states.
What's Legal, What's Not!
The 2018 Farm Bill clearly demarcated between Hemp and Marijuana. Hemp being that part of the cannabis plant that contains less than 0.3% THC. It also delisted industrial hemp from being a Schedule I Drug, thus making it legal to grow and buy in all the states. So, all one needs is a licence, issued by their own respective state to grow industrial hemp.
North Dakota has allowed hemp production since 2016, long before the Farm Bill but has only quite recently in April 2019, lowered the fees on hemp farmers and also lifted a ban on the flowers of the plant as well as on CBD production via House Bill 1349. The crop till now was being grown in North Dakota but could only be used for fiber and seeds.
For the general public this means more and better products as now the plants will not be destroyed before they flower allowing it the full cycle of growth and hence a better product. HB 1349 also for the first time will provide licences to hemp processors in the state where it further added that the hemp shall be grown only for research purposes under an institution and controlled by the state board of higher education who are exempt from obtaining a licence as described under section 4.1-18-02 to grow hemp. Thus allowing its production but also curtailing its usage in the same document.
Also in 2016, North Dakota approved Measure 5 which established the medical cannabis program in the state. This however was modified in 2017 to remove a provision that allowed qualified medical users to grow their own marijuana. Other changes included that a medical personnel will have to specifically recommend that the medical marijuana user may smoke it.
Many opposed this Measure 5 but it was still passed by both houses of North Dakota State Legislature with a two thirds majority. In July 2018, North Dakota Department of Health have opened up their portal to accept medical cannabis licences with an electronic ID card.
The implementation of this medical marijuana program means that people who apply will be allowed to produce, process, sell and dispense medical marijuana for qualified patients only. Qualified patients will be screened as per a valid diagnosis of a number of maladies including alzheimer’s disease and other dementia, ALS, cancer, Crohn’s disease, epilepsy and many more. The North Dakota Department of Health is allowed to add to this list of qualified medical conditions if needed and if requested by the patients.
And then there is CBD oil which can be found in the stores in the state and has been derived from the hemp of the cannabis plant making it legal to buy and sell as per the FDA. But again the North Dakota Department of Health says that medical use of it is allowed with a prescription and should be obtained from a licensed distributor.
CBD oil is also legal to buy without a prescription by the general public via Chapter 19-03.1 but it does not mention CBD as one oil but lists down its various components making it difficult for the common man to understand. This added complication to read a legal document properly leaves a virtual backdoor for legal misunderstanding.
Where to buy CBD oil
in North Dakota
Though till a few months back there were many stores in North Dakota who stored and sold CBD products there are now just a few left.
Various law enforcement people on radio shows have said that they are against CBD and its derivatives and a few cases in the state have made store owners wary of keeping CBD on their premises. However, you may try out Terry’s Health Products, 717 E Main Ave, Bismarck, ND 58501, USA.
There is a hearing in the court that everyone is listening to with full concentration and the outcome of it will decide if other businesses open up with CBD on their shelves or not. At present they are erring on the side of caution.
Horrors of Buying CBD locally
The administrative powers in the state are still queasy and absolutely uncertain about the status of the legality of CBD. The North Dakota Supreme Court agreed to hear a case on whether to convict or not a person Falesteni A Abu Hamda who was found in possession in 2017 of seven drug crimes in the form of carrying vape pens and gummy bears in two of his Tobacco Depot shops in Watford City and Alexander in North Dakota.
The police charge Hamda without proving or needing to prove whether the CBD was sourced from hemp or some other part of the plant. In his defence Hamda says that he cannot prove which part of the plant was used to make the CBD oil that he was found in possession. But on the other hand neither can the defence with absolute certainty prove that it was not sourced from hemp. It is scientifically impossible as of date to determine the perfect origin of the cannabinoids in a CBD oil product.
The decision in this case is keenly being followed by many business owners as well as lawmakers in the state.
As it stands, most local stores have no idea about the validity of the sources where even a proper third party testing certificate still leaves them unsafe.
How to get CBD Oil Online
in North Dakota
Buying online is faster, convenient and much easier than going around the shops and stores in the area looking for a suitable product. Keep in mind when shopping online to check out the credentials of the company who is offering the product in regards to its quality and its capability to deliver to your address. A third party check by a laboratory is another thing to check which will tell you of the quality of the product. You can also get good deals online making the product much cheaper than the local market rates with the added convenience of it being delivered while you sit in the comfort of your home.
Final Thoughts on CBD Oil in North Dakota
It does not help to make a product ‘legal’ and then prosecute businesses through a loophole in the law. It is plain bad business sense to do so but that is happening in the state of North Dakota. Until the courts sort out their verdict and the lawmakers clean up the loopholes in the legislations, it is a risky prospect to buy or sell CBD products in North Dakota even if on paper they are legal.