Medically Reviewed By:
Nidra Sidhu, M.D. Integrative MedicineTable Of Contents
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Is Delta 8 Legal In Nevada? 2022 Updated Laws
Nevada has been a state known to have easy cannabis laws but unfortunately for delta 8 lovers, Nevada state law banned this cannabinoid.
Nevada’s stance on delta 8 may seem surprising since this is a state that legalizes both medicinal and recreational cannabis for adult use.
However, when Nevada lawmakers updated the definition of hemp, they the loophole that made delta 8 THC legal and specifically listed the compound in their Controlled Substances Act. This new update means you cannot sell, buy, use, or possess delta 8 THC in Nevada.
This article covers what you need to know about the new delta 8 laws in the state of Nevada.
What Is Delta 8 THC?
Before we delve into the legal issues, let's take a quick look at what exactly is delta 8.
Delta 8 is naturally found in the cannabis and hemp plants, it is one of over 100 phytocannabinoids found in the plant along with delta 9. This compound is found in very small quantities, making it almost impossible to extract significant amounts naturally.
However, manufacturers of industrial hemp products found a way to convert CBD or delta 9 THC isolate into delta 8 THC in the laboratory using a series of chemical processes. That is why it is possible to buy delta 8 THC products in large quantities in today’s market.
Delta 8 including delta 8 gummies 1000mg is an analog of tetrahydrocannabinol, what we popularly refer to as delta 9 THC, and the main psychoactive compound known to cause psychoactive effects from consuming marijuana.
This makes delta 8 also psychoactive, however, it is about 30-50% less potent than delta 9 THC.
Similarities Between Delta 8 THC And Delta 9 THC
Delta 8 is similar to delta 9 THC in many ways.
Nevada Hemp Laws
In 2018, congress passed the Agricultural Improvement Act, popularly known as the 2018 Farm Bill. This Bill differentiated hemp from cannabis and made hemp and its derivatives legal on a federal level with a THC limit of 0.3% on a dry-weight basis.
Following the Farm Bill, Nevada aligned their hemp laws to the federal laws which legalized hemp and its derivatives like delta 7, delta 8, delta 10, and other THC isomers in the state as long as they didn’t contain more than the federal limit of delta 9 THC on a dry weight basis.
Previous Nevada Definition Of Hemp
‘Hemp’ means plant species Cannabis sativa L. and any part of such a plant, including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp.
Under this definition, delta 8 THC and all isomers of THC were considered legal in the state of Nevada and could be sold and purchased legally.
Current Nevada Hemp Laws
Fast forward to June 2021, Governor Steve Sidolak signed a Bill that changed the legal status of delta 8 THC in the state of Nevada.
Nevada passed Senate Bill 49 to close the loophole that allowed delta 8 users legal access to the compound. The state took this action by:
Nevada Updated Hemp Laws
The following amendments were made to SB 49 giving a new definition to hemp and tetrahydrocannabinol.
“Marijuana” defined.
1. “Marijuana” means;
(a) All parts of any plant of the genus Cannabis, whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the plant, including concentrated cannabis;
(d) Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. ;
(e) Any commodity or product made using hemp in which the THC exceeds the Acceptable Hemp THC Level; and
(f) Any commodity or product made using hemp which exceeds the allowable limit of THC per package.
2.“ Marijuana” does not include:
(a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS
(b) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.; or
(c) Any commodity or product made using hemp in which the THC does not exceed the Acceptable Hemp THC Level.
“THC” defined.
“THC” means Delta-9-tetrahydrocannabinol, along with any structural, optical, and/or geometric isomers of tetrahydrocannabinol, including but not limited to;
1. Delta-7-tetrahydrocannabinol;
2. Delta-8-tetrahydrocannabinol; and
3. Delta-10-tetrahydrocannabinol.
NRS 557.160 “Hemp” defined.
1. “Hemp” means any plant of the genus Cannabis sativa L. and any part of such a plant, including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration that does not exceed the Acceptable Hemp THC Level as defined by the Department.
2. “Hemp” does not include any commodity or product made using hemp.
“Synthetic cannabinoid” defined.
1. “Synthetic cannabinoid” means a cannabinoid that is:
(a) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
(b) Not derived from the genus cannabis, including bio-synthetic cannabinoids.
2. Synthetic cannabinoids are not permitted to be used in hemp, cannabis, or any other commodity produced or sold within the state of Nevada.
Considering these new amendments, hemp extracts like delta 7, delta 8, delta 10, THC-O, and all-optical isomers of such substances are all illegal in Nevada. However, suppose Nevada doesn’t consider delta 8 a synthetic cannabinoid. In that case, a hemp product containing less than the acceptable level of delta 8 THC should still be legal but the laws aren’t clear.
Is Delta 9 THC Legal In Nevada?
Marijuana or cannabis, also known as delta 9 THC is legal in Nevada. The state is one of the earliest to legalize cannabis for medical purposes. Marijuana was legalized after a two-ballot vote in 1998 and 2000.
The state later legalized cannabis for recreational purposes back in 2016 for adults 21 years and above.
Medical Cannabis Laws In Nevada
Medical use of cannabis was legalized in Nevada after a pair of ballot measures were passed in 1998 and 2000. The Nevada Medical Marijuana Act was passed with 59% and 55% of the total votes, respectively. This initiative was required to pass in two consecutive elections since it sought to amend the state constitution.
After the Act was approved, the state passed Assembly Bill 453 to defelonize the possession of medical cannabis by qualifying patients. The Bill also removed jail time and criminal convictions for minor cannabis offenses.
Thirteen decades later, Nevada passed Senate Bill 374 which allows the commercial distribution of medical marijuana in state-licensed dispensaries, and the first dispensary was established in 2015.
Currently, state law allows for the possession of 2.5 ounces of consumable marijuana in any 14-day period and permits 12 plants to be grown at home.
Recreational Marijuana Laws In Nevada
Nevada made two attempts in the past to legalize cannabis for recreational use but they all failed. But in 2016, Nevada finally legalized cannabis for recreational use through the Initiative to Regulate and Tax Marijuana Act and established a regulatory framework to give oversight to the sale and cultivation of recreational marijuana.
In June 2021, Governor Steve Sisolak signed AB 341 allowing the operation of alcohol-free consumption lounges where adults can purchase and consume cannabis.
Although cannabis is legal, there are limits to possession, and possessing up to an ounce of cannabis is a misdemeanor punishable by a $600 fine.
Buying Delta 8 In Nevada
Delta 8 is on the list of controlled substances in Nevada’s Controlled Substances Act which makes it illegal, therefore, you cannot sell, possess or buy delta 8 THC in the state. Retail stores that sell these products are operating against state law; they can get in trouble with local law enforcement and so will you if you are caught buying from them.
As a result, we cannot recommend buying delta 8 THC products like delta 8 gummies or tinctures in Nevada from online or physical stores to avoid getting in trouble with the law.
Can You Fly To Nevada With Delta 8 THC?
No, you cannot fly to Nevada with delta 8 in your possession. The state considers delta 8 THC products as illegal and controlled substances hence you will be prosecuted if you are caught with delta 8 paraphernalia at the airport.
Can You Buy Other Hemp-Derived Cannabinoids In Nevada?
No - you cannot buy THC isomers like delta 7, delta 10, HHC, or THC-O in Nevada. The state bans all THC isomers and hemp-derived cannabinoids except for hemp-derived Cannabidiol (CBD) which is considered legal and safe to use.
Final Thoughts
Is delta 8 THC legal in Nevada? No, it is not legal in Nevada. Delta 8 and all THC isomers cannot be sold or bought in Nevada after the signing of a new bill which took effect on 4 June 2021.
This new update may come as a shock since the state legalizes both medicinal and recreational cannabis, but recently, delta 8 THC, a mildly psychoactive cannabinoid has been criticized a lot for existing in an unregulated market.
Hemp-derived CBD is considered safe and legal under Nevada state laws and it is widely accessible.
Keep in mind that both federal and state laws are subject to change at any point in time so the legal status of delta 8 THC in Nevada can change. This is not the only state to ban delta 8, we have seen similar laws in a few states, and some of them made it legal again.
Meanwhile, if you are looking for a delta 8 alternative without the intense high of marijuana, we recommend you read more about CBD and delta 8 here.
Legal Disclaimer: Always consult an attorney for the best legal advice regarding THC and your state law, as the material shared here is for informational purposes only. Please seek a doctor’s advice before taking cannabis products with any medical condition, prescription medications, or as a supplemental dietary product to your current regime.
Clayton McCall
Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.
