Are THC Drinks Legal in North Dakota?

The ShipSips Team

Last verified October 16, 2026 against the official sources listed at the end of this page. General information, not legal advice.

North Dakota THC drink laws at a glance

Status Prohibited[1][2][3]
THC limit per serving 5 mg total THC with CBD:THC over 15:1[2][3][5]
THC limit per container No per-container cap found[2][3][5]
Minimum age No statutory age found
Where it’s sold Only listed non-intoxicating hemp products[2][3]
Online sales and shipping (state rule) Not allowed for THC drinks
Ships from ShipSips No
Last verified October 16, 2026

Short answer

No. North Dakota bars non-FDA-approved hemp-derived products from being sold as food or drinks, and the hemp products it does allow are capped at 5 mg total THC per serving with more than 15 parts CBD to 1 part THC.[1][2][3]

North Dakota only allows listed hemp products; the hemp statute bars non-FDA-approved hemp-derived products from being sold as food or beverage products, and the agriculture rules define allowable 'cannabinoid hemp' as at most 5 mg total THC per serving with a CBD (or other non-THC cannabinoid) to THC ratio above 15:1. The Department of Agriculture states plainly that a Delta-9 drink or edible with no other cannabinoids is 'deemed to be psychotropic and is not legal in North Dakota.' Non-allowable cannabis/hemp products fall under the medical marijuana chapter, and ND has no adult-use market.[1][2][3]

Delta-9 THC drinks in North Dakota: what’s allowed

  • Limit per serving: 5 mg total THC per serving for any allowable 'cannabinoid hemp' product, AND total CBD : total THC ratio greater than 15:1 (or non-THC cannabinoids ≥15:1 THC if CBD isn't the primary advertised cannabinoid) (N.D. Admin. Code 7-20-01-01(2)). A Delta-9-only drink does not qualify regardless of mg.[2][3][5]
  • Limit per container or package: No per-container mg cap found in the statute or rules for edibles/drinks (labels must state servings per container). Hemp topicals are capped at 50 mg total THC per container (N.D.C.C. 4.1-18.1-01(8)). Underlying plant limit: total THC set by the commissioner, not above the federal 0.3% (N.D.C.C. 4.1-18.1-04.1; NDDA FAQ).[2][3][5]
  • How THC is counted: total THC[2][3][5]
  • Delta-8, THCA and other cannabinoids: Banned by statute: Delta-8 THC and all 'chemically derived cannabinoids' (expressly THC-O/THC-O-acetate, HHC, THCP) (N.D.C.C. 4.1-18.1-01(5)(b), 4.1-18.1-04.4(2)); licensees may not convert CBD to Delta-9/Delta-8/Delta-10 THC (4.1-18.1-04.3). 'Tetrahydrocannabinol' includes Delta-7, -8 and -10 isomers, and total THC counts THCA × 0.877 (4.1-18.1-01(10)-(11)). Hemp-derived inhalants (vapes) are excluded. The commissioner may disapprove any psychotropic hemp product in writing.[1]

Age and purchase rules in North Dakota

  • Minimum age: No statutory purchase age for hemp products found in N.D.C.C. ch. 4.1-18.1 or N.D. Admin. Code art. 7-20; the rules require the label warning "This product is not for minors" and bar retailers from marketing to minors (N.D. Admin. Code 7-20-01-02, 7-20-01-04). Moot for THC drinks, which are not allowed.
  • Where it can be sold: Allowable hemp products (e.g., CBD/CBG broad-spectrum, full-spectrum or isolate products meeting the 5 mg / 15:1 rule) may be sold at retail with a COA available in-store or by QR code (N.D. Admin. Code 7-20-01-04). Intoxicating hemp THC drinks have no lawful retail channel: non-allowable cannabis/hemp products must be regulated under the medical marijuana chapter 19-24.1 (N.D.C.C. 4.1-18.1-04.4(3)), whose listed product forms (solution, capsule, transdermal patch, topical, edible lozenge) are for registered medical patients only. North Dakota has no adult-use cannabis program.[2][3]
  • Seller licenses: No hemp retailer license found; ND licenses only hemp growers and processors (N.D.C.C. 4.1-18.1-02). Not applicable to THC drinks, which may not be sold.[2][3]
  • Online sales, shipping and delivery: No hemp-specific shipping or delivery statute found. Because N.D.C.C. 4.1-18.1-04.4(1) says a person 'may only sell hemp and hemp commodities or products allowed under this chapter,' selling (including shipping) a Delta-9 THC drink into North Dakota is not allowed. Checked N.D.C.C. ch. 4.1-18.1, N.D. Admin. Code art. 7-20 and the NDDA hemp page.

How the federal hemp rule affects North Dakota

Federal law is a separate layer on top of North Dakota law. A federal law signed November 12, 2025 rewrites the federal definition of hemp so that finished products may contain no more than 0.4 milligrams of total THC per container. A second law signed September 2, 2026 delays most of that change until December 11, 2026; until then it applies only to products made with cannabinoids the cannabis plant can’t produce naturally. Follow the dates on our federal hemp rule tracker.[F1][F2]

Pending bills and local rules in North Dakota

  • None found. The 2025 regular session's only THC-beverage measure (HCR 3031, a study resolution) failed; the 2025 agriculture session laws contain no hemp amendments. The Legislative Assembly next meets in regular session in 2027.[9]
  • Local rules: None found (not searched beyond state statute, rules and NDDA pages).

Does ShipSips ship to North Dakota?

No. ShipSips doesn’t currently ship to North Dakota. We keep our shipping list conservative and only include states whose rules clearly allow it; this page is information only. See where we ship for the current list.

North Dakota THC drink FAQ

Is delta-9 THC legal in North Dakota?

No. North Dakota bars non-FDA-approved hemp-derived products from being sold as food or drinks, and the hemp products it does allow are capped at 5 mg total THC per serving with more than 15 parts CBD to 1 part THC.

Does North Dakota law allow online sales or shipping of THC drinks?

No hemp-specific shipping or delivery statute found. Because N.D.C.C. 4.1-18.1-04.4(1) says a person 'may only sell hemp and hemp commodities or products allowed under this chapter,' selling (including shipping) a Delta-9 THC drink into North Dakota is not allowed. Checked N.D.C.C. ch. 4.1-18.1, N.D. Admin. Code art. 7-20 and the NDDA hemp page.

What is the THC limit for drinks in North Dakota?

Per serving: 5 mg total THC per serving for any allowable 'cannabinoid hemp' product, AND total CBD : total THC ratio greater than 15:1 (or non-THC cannabinoids ≥15:1 THC if CBD isn't the primary advertised cannabinoid) (N.D. Admin. Code 7-20-01-01(2)). A Delta-9-only drink does not qualify regardless of mg. Per container or package: No per-container mg cap found in the statute or rules for edibles/drinks (labels must state servings per container). Hemp topicals are capped at 50 mg total THC per container (N.D.C.C. 4.1-18.1-01(8)). Underlying plant limit: total THC set by the commissioner, not above the federal 0.3% (N.D.C.C. 4.1-18.1-04.1; NDDA FAQ).

What is the minimum age for THC drinks in North Dakota?

No statutory purchase age for hemp products found in N.D.C.C. ch. 4.1-18.1 or N.D. Admin. Code art. 7-20; the rules require the label warning "This product is not for minors" and bar retailers from marketing to minors (N.D. Admin. Code 7-20-01-02, 7-20-01-04). Moot for THC drinks, which are not allowed.

What changes for North Dakota with the federal hemp rule?

The federal cap of 0.4 milligrams of total THC per container is scheduled to apply to most hemp products from December 11, 2026, on top of North Dakota law. See the federal hemp rule tracker for the latest dates.

What changed and when

  • August 1, 2023: SB 2096 (2023) takes effect: allowable-products-only rule, Delta-8 / chemically derived cannabinoid ban, no hemp food/beverage products, other products routed to medical marijuana chapter 19-24.1 (filed with Secretary of State 2023-04-24, no emergency clause; ND Const. art. IV §13 default August 1 effective date)[6]
  • July 1, 2024: N.D. Admin. Code art. 7-20 (hemp products: 5 mg total THC/serving + 15:1 ratio, labeling, packaging, retail rules) effective[2]
  • February 25, 2025: HCR 3031 (study of THC-infused beverages) failed in the House, 41-49[8]

What we couldn’t confirm

  • Whether a drink at 5 mg or less per serving with a 15:1 CBD ratio could be sold as a beverage at all, given the food-and-beverage bar.

THC drink laws in states near North Dakota

Sources

Official sources first. Each was checked on the date shown.

  1. N.D. Cent. Code ch. 4.1-18.1 (Hemp) (official; checked October 16, 2026)
  2. N.D. Admin. Code ch. 7-20-01 (Hemp Products) (official; checked October 16, 2026)
  3. ND Department of Agriculture — Hemp (products fact sheet + retailer FAQ) (official; checked October 16, 2026)
  4. N.D. Cent. Code ch. 19-03.1 (Uniform Controlled Substances Act) (official; checked October 16, 2026)
  5. N.D. Cent. Code ch. 19-24.1 (Medical Marijuana) (official; checked October 16, 2026)
  6. SB 2096 (2023) bill overview (official; checked October 16, 2026)
  7. SB 2096 (2023) enrolled text (Secretary of State) (official; checked October 16, 2026)
  8. HCR 3031 (2025) bill overview (official; checked October 16, 2026)
  9. 2025 Session Laws — Agriculture chapters (official; checked October 16, 2026)
  10. N.D. Const. art. IV §13 (effective dates) (official; checked October 16, 2026)
  11. Minot Daily News, 'CBD law changes go into effect Aug. 1' (2023) (secondary, for context only; checked October 16, 2026)

General information, not legal advice. Hemp laws change often; check the official sources above and your local rules. ShipSips sells only to adults 21 and over.

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