Fact Brief

Will North Dakota hemp growers be affected by the new federal hemp regulations passed in the recent continuing resolution?

Cannabis plants grown under UV lights at a North Dakota retailer. Hemp cultivated for cannabinoids can look identical to marijuana, even though it must meet strict THC limits under state law. Photo by Sabrina Halvorson, NDNC.

Yes.

The federal hemp changes included in the recent continuing resolution will affect North Dakota growers, although the direct impact is smaller than in many other states.

The North Dakota News Cooperative is partnering with Gigafact to produce timely fact briefs, which are quick, evidence-based fact checks about trending claims relevant to North Dakota.

The law narrows the federal definition of hemp by excluding cannabinoids that are not naturally produced by the plant or are synthesized from hemp-derived CBD and by imposing strict “total THC” limits, including a cap of 0.4 milligrams of total THC per container.

That combination will effectively eliminate most commercial delta-8 and similar intoxicating hemp products at the federal level. North Dakota already bans delta-8 and several other psychotropic cannabinoids and prohibits chemically converting CBD into THC isomers, so its in-state producers were already operating under comparatively strict rules.

However, the new federal standards will still affect North Dakota growers and processors that ship into interstate markets, while fiber- and grain-focused producers are likely to see fewer direct changes than cannabinoid-focused businesses.

This fact brief is in response to online conversations such as this one.

Sources:
U.S. Congress, Text – H.R. 5371 (119th Congress)
North Dakota Century Code §4.1-18.1 - Hemp
North Dakota Department of Agriculture - Hemp Licensing and Regulations
Buchanan Ingersoll & Rooney - Hemp Industry Changes in Federal Legislation.

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