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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
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:
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
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.
Because Delta-8 is illegal in Nevada, there are no defined possession limits for the cannabinoid.
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.
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 Vida Optima, 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.
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.
No, Delta-8 THC is illegal in Nevada. The state law treats Delta-8 THC the same as Delta-9 THC, classifying it as a controlled substance.
Delta-8 THC is banned in Nevada because state law treats Delta-8 and Delta-9 THC similarly. Many Delta-8 products exceed the 0.3% THC concentration limit, leading to their classification as marijuana products.
Yes, Delta-9 THC is legal in Nevada as long as it is derived from hemp and contains no more than 0.3% THC by dry weight. This is in line with the federal 2018 Farm Bill and Nevada's Chapter 557.
No, Delta-8 THC is illegal in Las Vegas. Despite the legal status of hemp and CBD products, Delta-8 is classified as a controlled substance in Nevada.
No, traveling with Delta 8 THC to Nevada is not advisable as it is illegal in the state. Possession of Delta 8 products could result in legal consequences.
Possessing Delta 8 THC in Nevada can result in similar penalties to those for marijuana possession. This may include fines and potential jail time depending on the amount and circumstances.
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