February 19, 2021 6 min read

Delta-8-THC, a mildly psychoactive cannabinoid, is flooding the hemp market across the country, but it isn’t accessible everywhere. Is Delta-8-THC legal in Nevada?

Not quite.

Unfortunately, Delta-8-THC is considered a Controlled Substance in Nevada, so it may not be nearly as accessible as other hemp products.

Here’s what you need to know about Delta-8 laws in Nevada:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Nevada Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Nevada?
Delta-8-THC Possession Limits in Nevada
Is Delta-9-THC Legal in Nevada?
Where to Buy Delta-8 in Nevada
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Nevada originally legalized Delta-8 alongside other hemp products, but has since changed their Controlled Substances Act to add Delta-8-THC.
  • Because Delta-8-THC is a Controlled Substance in Nevada, it’s not easily accessible in stores.
  • In legal areas, many people buy Delta-8-THC products made from hemp online.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

Hemp, a federally legal form of cannabis used to source Delta-8-THC.

Nevada Delta 8 THC Laws

Nevada updated their hemp laws in response to federal updates to the Farm Bill. While Nevada has legalized hemp and many CBD products, they’ve since made changes to the law to ban Delta-8-THC in the state.

Originally, Delta-8-THC was protected under the state’s definition for hemp, which included all hemp extracts, cannabinoids, isomers, salts of isomers, and other derivatives, providing the plant material contains less than 0.3% Delta-9-THC by dry weight.

Later, however, the state specifically updated their Controlled Substances Act to clarify their stance on certain hemp-derived cannabinoids. Delta-8-Tetrahydrocannabinol is listed by name as a Schedule I Controlled Substance in the state.

Therefore, Delta-8-THC is illegal in Nevada, but may still be accessible under the same laws as recreational cannabis at state-licensed dispensaries. Nevada isn’t the only state in the area to restrict Delta-8, and similar laws may be found in Arizona and Utah, too.

Here are some highlights from the relevant text:

CHAPTER 557 – HEMP

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 maximum THC concentration established by federal law for hemp.

2.  “Hemp” does not include any commodity or product made using hemp.

Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations

7 CFR Part 990

For the purposes of this new part, and as defined in the 2018 Farm Bill, the term “hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

NRS 557.180 

“THC” defined. [Effective through June 30, 2020.]  “THC” has the meaning ascribed to it in NRS 453A.155.

NRS 557.180

“THC” defined. [Effective July 1, 2020.]  “THC” has the meaning ascribed to it in NRS 453.139.

CHAPTER 453 – CONTROLLED SUBSTANCES

NRS 453.096  “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; and

(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

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 or any commodity or product made using such hemp; or

(b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

NRS 453A.155

“THC” means delta-9-tetrahydrocannabinol, which is the primary active ingredient in marijuana.

NRS 453.139

“THC” defined.  “THC” means:

1.  Delta-9-tetrahydrocannabinol;

2.  Delta-8-tetrahydrocannabinol; and

3.  The optical isomers of such substances.

Is Delta-8 a Controlled Substance in Nevada?

Nevada is one of the only states in the United State to specifically list Delta-8-THC by name in their Controlled Substances Act. Delta-8 is listed as a Schedule I Controlled Substance in Nevada.

Delta 8 THC Possession Limits in Nevada

Because Delta-8 is illegal in Nevada, there are no defined possession limits for the cannabinoid.

Is Cannabis (Delta 9 THC) Legal in Nevada?

Nevada was one of the earliest states to approve cannabis for medical use when they passed The Medical Use of Marijuana Act in 2000. More recently in 2016, Nevada passed the Regulation and Taxation of Marijuana Act to legalize cannabis for adult use.

High-THC cannabis is legal and accessible in Nevada, but is still subject to certain regulations and different possession limits than hemp products.

Where to Buy Delta 8 in Nevada?

Delta-8-THC vaporizers, one of the most popular types of legal Delta-8 products available in areas where Delta-8-THC is legal.

Delta-8-THC is illegal in Nevada and cannot be legally purchased in the state.

In places where Delta-8-THC is legal (like neighboring states Oregon and California), many people prefer to shop online. It's advisable to proceed with caution when choosing a Delta-8 distributor. Shopping online allows you to buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is illegal in Nevada according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “NRS Chapter 557, GROWERS, HANDLERS AND PRODUCERS OF HEMP” https://www.leg.state.nv.us/NRS/NRS-557.html#NRS557Sec010
  5. “NRS CHAPTER 453 - CONTROLLED SUBSTANCES” https://www.leg.state.nv.us/Nrs/NRS-453.html
  6. “NRS CHAPTER 453A - MEDICAL USE OF MARIJUANA” https://www.leg.state.nv.us/NAC/NAC-453A.html
  7. “NRS CHAPTER 453D - REGULATION AND TAXATION OF MARIJUANA” https://www.leg.state.nv.us/NRS/NRS-453D.html

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