Can North Dakota retailers other than licensed medical marijuana dispensaries legally sell THC-infused gummies and seltzers?
No.
North Dakota law allows THC-containing cannabis products to be sold only through licensed medical marijuana dispensaries to registered patients.
Recreational cannabis remains illegal in the state, and retailers such as gas stations, grocery stores and liquor stores are not permitted to sell THC-infused products, including gummies and beverages such as seltzers.
In 2025, state lawmakers approved limited edible cannabis products for medical use, but those products are restricted to specific forms and must be sold only through licensed dispensaries. Retail sales outside the medical marijuana system are not allowed.
While some retailers sell "hemp-derived" products, North Dakota law uses a "Total THC" standard that accounts for all psychoactive compounds. State regulators warn that any hemp product intended to produce a "high", including most seltzers and gummies, is illegal for general retail sale.
Only non-intoxicating CBD products with trace THC are permitted outside of dispensaries.
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Sources
- North Dakota Department of Agriculture: Retailers must do due diligence on hemp-derived products
- North Dakota Legislative Assembly: HB 1203 (2025) Medical marijuana edible products
- North Dakota Century Code: Medical Marijuana Act (Chapter 19-24.1)
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