N.D. Cent. Code § 4.1-18.1-01

4.1-18.1-01. Definitions

1. "Broad spectrum" means hemp extract or hemp commodity or product containing

naturally occurring hemp-derived cannabinoids, terpenes, and other naturally

occurring compounds, but where tetrahydrocannabinol has been removed to

nondetectable levels using a fit-for-purpose method, with a total tetrahydrocannabinol

level not to exceed an amount determined by the commissioner.

2. "Chemically derived cannabinoid" means a chemical substance created by a chemical

reaction that changes the molecular structure of any chemical substance derived from

the plant cannabis. The term does not include cannabinoids produced by

decarboxylation from a naturally occurring cannabinoid acid without the use of a

chemical catalyst.

3. "Full spectrum" means hemp extract or hemp commodity or product containing

naturally occurring hemp-derived cannabinoids, terpenes, and other naturally

occurring compounds, processed without intentional complete removal of any

compound and without the addition of isolated cannabinoids, with a total

tetrahydrocannabinol level not to exceed an amount determined by the commissioner.

4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the

seeds and flowers, whether growing or not, with a total tetrahydrocannabinol

concentration in an amount determined by the commissioner. The term does not

include hemp extract, commodity or product using hemp, or a hemp substance or

product prohibited by this chapter.

5. "Hemp commodity or product" means a product made from hemp or hemp extract,

including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds,

seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical.

a. The term includes:

(1) Hemp processed through retting or other processing such that it is a suitable

fiber for textiles, rope, paper, hempcrete, or other building or fiber materials;

(2) Hemp seed processed such that it is incapable of germination and

processed such that is suitable for human consumption;

(3) Hemp seed pressed or otherwise processed into oil;

(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as

CBG, including broad spectrum, full spectrum, and isolate products, with a

total tetrahydrocannabinol level not to exceed an amount determined by the

commissioner; and

(5) A hemp commodity or product approved in writing by the agriculture

commissioner.

b. The term does not include:

(1) Hemp that has been chopped, separated, or dried for purposes of transfer

or storage;

(2) A chemical compound extracted from hemp used to formulate, process, or

otherwise make an inhalant;

(3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8

THC;

(4) A product containing chemically derived cannabinoids, including:

(a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and

THC-O;

(b) Hexahydrocannabinol, also known as HHC; and
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or storage;

(2) A chemical compound extracted from hemp used to formulate, process, or

otherwise make an inhalant;

(3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8

THC;

(4) A product containing chemically derived cannabinoids, including:

(a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and

THC-O;

(b) Hexahydrocannabinol, also known as HHC; and

(c) Tetrahydrocannabiphorol, also known as THCP; or

(5) A psychotropic hemp commodity or product disapproved in writing by the

commissioner.

6. "Hemp extract" means a concentrate or extract obtained by separating cannabinoids

from hemp by a mechanical, chemical, or other process. The term does not include

hemp seed pressed or otherwise processed into oil.

7. "Hemp tincture" means a solution that may not exceed thirty milliliters consisting of:

a. At least twenty-five percent of non-denatured alcohol, in addition to a hemp

extract, and other ingredients intended for human consumption or ingestion; or

b. Glycerin or plant-based oil and hemp extract, and is intended for human

consumption or ingestion.

8. "Hemp topical" means a hemp commodity or product intended to be applied to the skin

or hair. The maximum concentration or amount of total tetrahydrocannabinol permitted

in a hemp topical is fifty milligrams per container.

9. "Isolate" means hemp extract or hemp commodity or product comprised of a single

cannabinoid compound.

10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural,

optical, or geometric isomers of tetrahydrocannabinol, including:

a. Delta-7 tetrahydrocannabinol;

b. Delta-8 tetrahydrocannabinol; or

c. Delta-10 tetrahydrocannabinol.

11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of

tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths

plus the percentage of weight of tetrahydrocannabinol.