Compliance checks were conducted at multiple locations throughout Dickinson last month. The business owners the compliance checks were completed on were issued memorandums that specified what North Dakota law says about CBD isolates, which labels the substance as a Schedule I narcotic.
“I think that a lot of businesses, along with just individuals probably weren't aware (that it is illegal), because it's associated with hemp and other things that are legal, such as shampoo and what not,” White said. “What we see in the next year, two years, five years or 10 years, who knows? But right now this is kind of where we sit at.”
The sale of products identified as containing hemp or hemp seed oil are not restricted.
No charges have been issued against any of the businesses at this time and the CBD isolate products have been seized for “safe keeping at this time,” White said.
White said that anyone who finds themselves in possession with something containing CBD isolates should destroy it.
“As of right now it is still illegal in the state of North Dakota and federally based off of the minimal amount of potential THC count it could have,” White said. “… This is something that we haven't really dealt with a whole lot and it's still coming new to the state as well.”
Police in Bismarck seized CBD hemp oil from stores last year, the Bismarck Tribune reported. No charges were filed against the stores, because it appears managers were unaware the product was illegal. The police will retain and not destroy the product, until the full issue is resolved, the Tribune reported in May 2017.
The product was also seized in Watford City last year. Falestani Abuhamda, a business owner in Watford City, was originally charged with seven counts related to possession or distribution of a controlled substance or of drug paraphernalia, the Williston Herald reported. He entered an Alford plea at the beginning of March to possession of hashish, manufacturing drug paraphernalia, possession of drug paraphernalia and possession of a controlled substance. Abuhamda will not face jail time in the matter and received a deferred sentence on the charges, meaning if he does not violate probation for 360 days the charges will be dismissed, the Herald reported. The other charges will also be dismissed if he completes 30 months of supervised probation.