north dakota hemp cbd

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA.

This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp.

In light of these legislative changes, we are presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Today we turn to North Dakota.

In 2019, North Dakota legalized the cultivation of hemp under the 2014 Farm Bill. However, the new law (HB 1349) does not address the regulation of Hemp-CBD products.

According to guidelines released by the Attorney General (AG), the state seems to defer to FDA guidance when regulating Hemp-CBD products. In addition, even following the enactment of HB 1349, which excludes the term “hemp” from marijuana, law enforcement remained hostile to Hemp-CBD making the sale of these products in the state risky.

Given that the state has decided not to submit a plan under the 2018 Farm Bill and instead continues operating under the 2014 Farm Bill until it expires on October 30, 2020, it seems unlikely that North Dakota will change its position on the sale of these products. So for the time being, CBD companies should refrain from selling their products in this not-so-hemp-friendly state.

For previous coverage in this series, check out the links below:

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Photo of Nathalie Bougenies Nathalie Bougenies

Nathalie practices corporate law, intellectual property, and cannabis law, focusing on the regulatory framework of hemp-derived CBD products. She enjoys building a deep understanding of her clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our…

Nathalie practices corporate law, intellectual property, and cannabis law, focusing on the regulatory framework of hemp-derived CBD products. She enjoys building a deep understanding of her clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our overseas companies with their foreign direct investment into the United States and to help American companies with their overseas legal needs.

In law school, Nathalie also worked as a research assistant for Professor Eric Priest, an expert on copyright law in the U.S. and China, and served as a property law tutor, helping first-year law students solidify their understanding of this topic.

Nathalie was born and raised in Belgium and has lived and studied in Africa, Asia, Europe, and North America. Her international experience offers a valuable perspective to clients whose lives and businesses are increasingly shaped by globalization.

In her free time, Nathalie loves to watch movies at Portland’s independent theaters, lose herself at farmers markets, attend art exhibits, spend time with friends, practice Barre3, and take day trips to the coast.