According to North Dakota Century Code, marijuana products are all illegal unless they come from the stalks or their fiber, or their seed oil or cakes.
“What does that statute mean? It’s impossible to determine because on one hand it says it’s legal if it comes from the seed, but you can’t have THC from the seed. But you can, but you can’t. So it’s a mess,” Legalize ND Chairman David Owen said.
We also talked with Fargo Police today who say you could be charged with a Class B Misdemeanor for buying or selling CBD, unless you have a medical marijuana card.
However, Fargo Police also say they don’t actively seek out stores who sell CBD products. Police add that if they learn of one, they go to that business, educate them on the law, tell them to stop their CBD sales and check back in a few weeks.
Worse, North Dakota’s highest court has decided not to rule on the legality of hemp-derived CBD, upholding a drug conviction for a vape-shop owner who sold CBD.
Hamda was charged with seven drug crimes after police seized CBD vape pens and gummy bears from two of his Tobacco Depot shops in 2017.
At least it’s not South Dakota, where Governor Kristi Noem said it should stay illegal despite federal law, and while there is a debate over the future of cannabis law in the state, the Attorney General released a statement in March 2019 saying that hemp and CBD are still illegal.