Another Bismarck Store told to Remove CBD Products from Shelves

For more than a year, here at KX News we’ve covered the controversy of CBD oil being sold in North Dakota. Although it’s illegal in North Dakota and at the federal level, each city is deciding whether or not to enforce the sale of Cannabidiol.

Malique Rankin began the week, wanting to know if businesses in Bismarck were still selling CBD oil, after two stores last year were told to pull it from shelves.

Just today she was there as another business took a hit for illegal sales.

KX News reached out to H&I Nutrition, a company who, on their Facebook page says they sell CBD products. They said its so popular they even sell out of the products. 
Today H&I Nutrition got a visit from Bismarck Police. They were told to take all CBD products off their shelves. 

KX News spoke to H&I afterwards and they say, they have complied with police and are no longer selling it. Police tell us they received a tip about the business last week.

Sgt. Mike Bolme; BPD Investigations Section: “We have other stores selling it in town. We’re going to have to make time to treat them the same way we treated those other stores. “

It was over a year ago that the Bisman Food Co-Op and Terry’s Health Products had their CBD Oil Products tested, and banned from their shelves. Fast forward to today, where local businesses are still unclear on the legality of CBD Oil.

CBD Oil is not FDA regulated. The oil contains less than 1 percent of THC, marijuana’s psychoactive ingredient, according to the DEA. CBD Oil is classified as a schedule 1 controlled substance, which puts it in the same category as methamphetamine, heroin, and LSD. 

Sgt. Mike Bolme; BPD Investigations Section: “We have consulted with the DEA, we have consulted with the AG’s office here in North Dakota. Both are saying it’s classified as a schedule 1 controlled substance, which means it’s illegal to possess or sell.”

Officers with BPD tell us they’re more concerned with the opioid epidemic that is claiming lives across the country and here in North Dakota.

Sgt. Mike Bolme; BPD Investigations Section: “CBD Oil and the CBD products may not be our first priority, but we are obligated, when we do get tips, to act on them. “

KX News reached out to 2 other North Dakota police departments, who say, if they come across CBD oil, they’d reach out to the state’s attorneys office to decide if its worth prosecution.

BPD says they will be sticking to the precedent they’ve already set, sales of CBD are not acceptable in city limits. But with each law enforcement office across the state treating the drug differently, business owners are left to wonder if it’s worth the risk to put on their shelves.

BPD gives stores a first warning to cease sales of CBD products, that’s what happened today at H&I Nutrition. Then, if a business is caught selling CBD oil products again, the store and employee could be criminally charged.

The only charges for CBD oil possession against a business that we know of came last year against a tobacco store owner in Alexander. That business pulled CBD off the shelves, and the owner was sentenced to probation in a plea deal.

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