BISMARCK, N.D. – Agriculture Commissioner Doug Goehring says that two recent news stories have suggested or implied that cannabidiol (CBD) products will be pulled from stores should Senate Bill 2096 pass; however, CBD products that meet the intent of the law will continue to be allowed until there is further action by the Food and Drug Administration (FDA).
Currently CBD products are not technically legal to add to food, beverages and supplements; however, the FDA has not been enforcing this. The FDA is waiting for legislation to clarify the regulations surrounding CBD in those products.
“The issue is that out-of-state processors are taking legal hemp extracts (CBD) and using a chemical process to convert CBD into synthetic psychotropic substances like tetra cannabinoid-O-acetate (THCO), hexahydrocannabinol (HHC), Delta-8, Delta-9 and Delta-10 etc. These products are being shipped into North Dakota and sold at retailers in the state,” Goehring said. “The intent of the 2014 and 2018 Farm Bills that legalized hemp was not to create loopholes for psychotropic products. These processes are synthetically creating a drug that will cause the user to get high.”
Processors are also applying the levels intended for dried plant materials in a concentrated form going into products like gummies. When other products use the dried plant material limit of 0.3% THC, it can mean much higher levels in terms of milligrams of THC in a product. Because of this loophole, products with high THC levels, at or above what would be found in recreational and medical marijuana programs, are finding their way to store shelves across the state.
“The bill clarifies the original intent of the law and removes the loopholes currently being used,” Goehring said. “CBD is legal, but altering it into another form or drug is not.”