Retailers must do due diligence on hemp-derived products

BISMARCK, N.D. - Retailers are encouraged to do their due diligence on current inventory and before ordering hemp-derived products to sell at their businesses. Hemp-derived cannabinoid products such as cannabidiol (CBD) and cannabigerol (CBG) that meet the intent of the law will continue to be allowed until there is further action by the Food and Drug Administration (FDA); however, tetrahydrocannabinol (THC) products that induce psychotropic effects are not allowed in the state.

"We have come across many products being sold in the state that are unlawful to sell," Agriculture Commissioner Doug Goehring said. "Unknowing business owners have been told by the manufacturer or distributors that THC products such as drinks, food items, candy, gummies and other products are legal for resale, when they are not."

The products have been found in restaurants, bars, retail alcohol outlets, smoke shops, gas stations, grocery stores, adult stores, car washes, truck stops, health food stores and more.

"We want to let retailers know that these products are unlawful and give them the chance to dispose of the products or return them to the distributor to avoid criminal prosecution," Goehring said. "The public should also be aware that some products may contain undisclosed illegal substances. We encourage anyone purchasing cannabinoid (CBD or CBG) hemp products to research the product prior to purchasing. It is easy to be confused by the marketing of CBD or CBG products. CBD and CBG do not cause psychotropic feelings or effects. THC gives a high or euphoric feeling."

Currently CBD and CBG 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 and CBG in those products.