Is THCA Legal in North Dakota in 2026?

Current state posture

Prohibits hemp-derived intoxicating cannabinoids: THCA,d8/10,HHC,THCP/B not lawful at hemp retail, medical-program only. Hemp capped 0.3% total-THC dry weight; synthetic d9 excluded (HB1045 2021).

Rules by product type

Federal change scheduled for November 12, 2026

State rules are only one layer. Unless Congress changes the enacted provision, Section 781 changes the federal hemp definition to total THC—Delta-9 THC plus 0.877 times THCA—and adds a 0.4 milligram total-THC-per-container cap beginning November 12, 2026. That federal change is separate from the North Dakota posture above.

Sources

These are the references carried with the dated policy record. They include government and secondary sources; a listing here does not make every source an official authority.

1. 1. biotrack.com
2. 2. cannabisbusinesstimes.com
3. 3. cannabisregulations.ai
4. 4. mpp.org

Bills that touch hemp and THCA in North Dakota

The most recent legislative activity on record, newest first. Status is the legislature's own last action; a bill is not law until it is enacted.

• HB1203ProceduralApr 24, 2025

  Definitions of medical marijuana products.

  Last action: Filed with Secretary Of State 04/22

  Administrative definitions of medical marijuana products; no substantive expansion or restriction

• HCR3031Favors hempFeb 25, 2025

  A concurrent resolution directing the Legislative Management to consider studying the regulatory framework and potential economic impact of tetrahydrocannabinol infused beverages.

  Last action: Second reading, failed to adopt yeas 41 nays 49

  Studies THC-infused beverages (hemp beverage potential).

• SB2096ProceduralApr 26, 2023

  Definitions, prohibited acts by licensees, schedule I controlled substances tetrahydrocannabinols, and bonding requirements for grain buyers; and to provide a penalty.

  Last action: Filed with Secretary Of State 04/24

  North Dakota: grain buyer bonding; hemp enforcement but narrowly focused.

• SB2093ProceduralApr 17, 2023

  The scheduling of controlled substances; and to declare an emergency.

  Last action: Filed with Secretary Of State 04/13

  Controlled substances scheduling, vague impact on cannabis

• HB1202ProceduralFeb 1, 2023

  Definitions relating to medical marijuana products; and to provide a contingent effective date.

  Last action: Second reading, failed, lacks two-thirds majority yeas 60 nays 33

  North Dakota: medical marijuana definitions; bill failed; too vague for impact scoring.

• HB1164ProceduralJan 31, 2023

  The definition of cannabinoid edible products.

  Last action: Second reading, failed to pass, yeas 20 nays 72

  North Dakota: cannabinoid edible definition; bill failed; too vague.

• HB1213Favors licensed cannabisMay 20, 2021

  The medical marijuana program; to provide for a legislative management report; to provide a penalty; and to declare an emergency.

  Last action: Signed by Governor 04/30

  Medical marijuana program signed by governor

• HB1045Favors hempApr 26, 2021

  Industrial hemp; and to declare an emergency.

  Last action: Signed by Governor 04/23

  Industrial hemp regulation/production support.

• HB1391Favors licensed cannabisMar 25, 2021

  Definitions relating to medical marijuana products; and to declare an emergency.

  Last action: Second reading, failed, lacks two-thirds majority yeas 25 nays 22

  Medical marijuana product definitions

• HB1420Favors licensed cannabisMar 25, 2021

  The legalization of marijuana; to provide for a legislative management report; to provide a penalty; and to provide an effective date.

  Last action: Second reading, failed to pass, yeas 10 nays 37

  Marijuana legalization bill failed