Is Delta-8 Legal in Nevada?

Nevada silently bans delta-8 without warning.

Delta-8 THC flower sold in Nevada
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No, delta-8 THC is illegal in Nevada and is considered a controlled substance under state law. This legal status means you cannot use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products without risk of penalty or prosecution. 

Other THC isomers, such as delta-7, delta-10, THC-O, HHC, and THC-O, are illegal in Nevada. However, medical marijuana and adult-use recreational cannabis are legal under Nevada state law. Hemp-derived CBD is also legal.

Is delta-8 legal in Nevada?

  • Delta-8 THC is not legal in Nevada. The state is one of few that explicitly lists delta-8 as a controlled substance under its Uniform Controlled Substances Act. 
  • Therefore, the use, possession, sale, distribution, production, and promotion of delta-8 products are not permitted under state law. 
  • Other THC isomers, such as delta-10, THC-O, and HHC, are also prohibited controlled substances. 
  • However, medical marijuana and recreational cannabis are legal in Nevada, as is hemp-derived CBD sourced from hemp plants carrying no more than 0.3 THC.

Is delta-8 THC legal in Nevada?

No. Unfortunately, delta-8 THC is not legal in Nevada. The state considers it a controlled substance, alongside other THC isomers such as delta-7, delta-10, THC-O, THCP, and HHC. 

In a newsletter published by the Nevada Cannabis Compliance Board (CCB), The state’s Controlled Substances Act defines THC as delta-9, delta-8, and their optical isomers. If a product carries above 0.3% THC (delta-8, delta-9, or otherwise), it’s a controlled substance. Anyone looking to sell or produce delta-8 products must be licensed by the state.

Nevada delta-8 thc legal status

Nevada’s banning of delta-8 THC happened silently and without warning, leading to a surprise raid on the CHAMPS cannabis convention in Las Vegas on July 27, 2021. 

According to reports, undercover police officers attended the convention searching for delta-8 products. Several vendors were arrested after a district attorney was given a delta-8 product sample. An event organizer promptly banned delta-8 from the convention following the arrests.

Legislative history of delta-8 in Nevada

On June 4, 2021, state lawmakers passed Nevada Senate Bill 42, a bill signed into law by Nevada Governor Steve Sisolak banning the sale, distribution, production, and promotion of delta-8. 

The bill prohibits all products made using hemp carrying more than 0.3% THC under the Nevada Controlled Substances Act. The term “THC” describes all tetrahydrocannabinols, including delta-8, delta-9, delta-10, and THC-O. 

In other words, the combined quantity of all tetrahydrocannabinols in any given hemp-derived product cannot exceed 0.3%. Any higher than this and the state classifies it as marijuana, a strictly regulated state-controlled substance. 

Furthermore, the bill also prohibits all artificially produced cannabinoids, including delta-8 that’s been chemically synthesized from CBD. 

Therefore, the use, possession, sale, distribution, and production of hemp-derived delta-8 products are illegal under Nevada state law. 

Before Senate Bill 42, hemp-derived delta-8 was legal under Nevada’s Senate Bill 209. This bill legalizes hemp and hemp-derived compounds (including delta-8). It places the Nevada Department of Health and Human Services in charge of testing and labeling certain hemp-based products and commodities. 

Before June 4, 2021, hemp-derived delta-8 products were widely available across the State of Nevada.

Buying delta-8 in Nevada

Delta-8 THC vape pen illegal in Nevada

Delta-8 is an illegal controlled substance in Nevada and cannot legally be sold, distributed, or purchased. Physical retail stores or vendors selling and distributing delta-8 products such as delta-8 tinctures, delta-8 gummies, and delta-8 flower operate outside state law and could face serious issues with law enforcement. 

We recommend you not purchase any delta-8 products online or through physical retail stores to avoid penalty or prosecution.

Related: Does Delta-8 Give You a High?

Can you fly into Nevada with delta-8?

No. Nevada considers hemp-derived delta-8 an illegal controlled substance. You cannot fly into the state with delta-8 products in your possession, nor can you transport them via train, car, or bus. Likewise, you cannot cross Nevada state borders with marijuana-derived delta-8 products in your possession either. Marijuana is not legal on the federal level, and since the federal government controls all state borders, crossing into Nevada with marijuana-derived delta-8 could be seen as a federal crime.

Is marijuana legal in Nevada? 

Yes, medical and recreational marijuana is legal in Nevada under state law. The state legalized medical cannabis after passing two voter-approved ballot initiatives in 1998 and 2000. The first medical cannabis dispensaries opened roughly 15 years later, in 2015. Recreational cannabis was legalized later in 2016 for adults aged 21 and above.

Related: Which is Stronger, Delta-8 or Delta-9 THC?

Nevada resident smoking a cannabis joint indoor

Medical marijuana

In 1998 and 2002, Nevada voters approved the Nevada Medical Marijuana Act (NMMA), a ballot initiative that passed with 59% and 65% of the vote in each respective year. Two ballot approvals were required since the initiative sought to change the Nevada Constitution. 

Following the approval of the NMMA, the Nevada State Legislature passed Assembly Bill 453, sponsored by Christina Giunchigliani and later signed by Governor Kenny Guinn. This bill defelonizes the possession of medical cannabis for qualifying patients and removes jail time and criminal convictions for minor cannabis offenders. It also allows patients to home-grow up to seven cannabis plants for personal medicinal use. The law went into effect on June 1, 2001

Qualifying patients can possess up to 2.5 oz of medical cannabis and grow up to 12 cannabis plants for personal medicinal use. 

However, Assembly Bill 453 and its amendment to Nevada’s Constitution didn’t specify how patients can legally purchase medical marijuana, leaving them to grow their own or obtain it illegally through the cannabis black market.  

Since the approval of the NMMA and the passing of Assembly Bill 453, various amendments have shaped Nevada’s medical marijuana laws. 

On June 12, 2013, Nevada lawmakers passed Senate Bill 374 and was signed by Governor Brian Sandoval. This bill allows commercial distribution of medical cannabis. The first dispensary opened on July 31, 2015, nearly two years after Senate Bill 374. 

The qualifying conditions required to receive medical cannabis in Nevada include cancer, AIDS, cachexia, glaucoma, PTSD, seizures, and severe pain. 

Recreational marijuana

Following two failed attempts to decriminalize or legalize recreational cannabis in 2002 (Question 9) and 2006 (Regulation of Marijuana Initiative, Question 7), Nevada finally legalized it in 2016, following the voter-approved Initiative to Regulate and Tax Marijuana (Question 2), which passed with 54% of the vote. 

This initiative allows adults aged 21 years and older to legally use and possess cannabis and cultivate up to six cannabis plants* without penalty or prosecution. It also establishes a regulatory framework for the sale and cultivation of recreational marijuana. The law officially went into effect on January 1, 2017. The first state-licensed dispensaries opened seven months later, on July 1, 2017. 

Recreational cannabis use and possession laws in Nevada apply and are as follows:

  • Adults above the age of 21 can possess up to 1 oz of marijuana flower and a one-eighth ounce of cannabis concentrate. 
  • The use of recreational cannabis is only permitted on private property, provided the owner has not prohibited it. Public use and consumption are forbidden. 
  • Possession of more than 1 oz of marijuana for personal use is a misdemeanor punishable by a fine of up to $600. The same penalty is imposed if caught consuming recreational marijuana in public. 
  • Possessing between 1 oz and 100lbs of recreational cannabis with the intent to sell or deliver is a felony and punishable by up to four years in prison and a maximum $5,000 fine. 

*Users can only grow and cultivate cannabis plants if they live more than 25 miles away from a cannabis dispensary.

Can you buy delta-10 THC, THC-O, or HHC in Nevada?

No, like delta-8, Nevada prohibits all isomers of THC, including delta-10, THC-O, and HHC, meaning their use, possession, sale, distribution, and production is illegal under state law. 

Related: What’s the Difference Between Delta-10 and Delta-8?

Is CBD legal in Nevada?

Yes, hemp-derived CBD derived from hemp plants carrying no more than 0.3% THC (by dry weight) is legal and widely available but remains unregulated in Nevada.

CBD product legally sold in Nevada

The state follows the guidelines set out by the federal Agriculture Improvement Act (2018 Farm Bill), which legalizes hemp and hemp-derived compounds and removes them from the definition of marijuana in the Controlled Substances Act. 

However, Nevada lawmakers have yet to regulate CBD products, even after the passing of Senate Bill 209 in 2019, which instructs the Nevada Department of Health and Human Services (DHHS) to control and regulate the testing and labeling of all hemp and hemp-derived products. 

Nevada prohibits CBD from being infused in food, beverages, and dietary supplements, which follows the directives outlined by the federal Food & Drug Administration (FDA) under its Food, Drug, and Cosmetics Act (FD&C). 

Related: What’s the Difference Between CBD and Delta-8?

Is marijuana-derived CBD legal in Nevada? 

Yes, marijuana-derived CBD is legal in Nevada for medicinal and recreational purposes and is regulated under the state’s marijuana laws.

Upcoming legislation

There is currently no upcoming legislation that could change delta-8’s legality in Nevada. However, since the state legalizes medical and recreational cannabis, we expect to see delta-8 products regulated under the same framework as marijuana in the future. 

Related: Does Delta-8 Make You Fail a Drug Test?

Conclusion 

Nevada’s decision to ban delta-8 might come as a shock considering the state allows medical and recreational cannabis. However, delta-8 has recently come under fire for existing in an unregulated market, where products can contain more than the legal limit of 0.3% delta-9 and carry harmful levels of contaminants. 

In our recent lab study on 51 delta-8 products produced and on sale in the US, approximately 76% carried over and above the federal 0.3% THC limit. Any product above this limit is illegal and a controlled substance on the federal level. One particular product carried roughly 23% THC, which is a whopping 7700% over the legal limit. 

A further 77% of products contained less delta-8 than advertised, while 67% of delta-8 vendors didn’t test for impurities or contaminants. Worse still, several companies doctored their third-party test results (COAs), suggesting widespread fraudulent behavior, lack of transparency, and very little regard for consumer safety. 

To counteract this, we believe Nevada should regulate delta-8 products the same way it does marijuana. Strict regulatory oversight means products can still go on sale but only if approved by the appropriate governing bodies. This way, consumers are protected from shady companies peddling out poor, low quality, and unsafe delta-8 products.

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