Is Delta-8 THC Legal in Nevada?

By | last updated January 27, 2022

Evidence Based 3

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Delta 8 is illegal in Nevada. The state passed a new law that redefined marijuana, hemp, THC, and synthetic cannabinoids to close the loophole that allowed for hemp-derived delta-8 THC.

Here’s a closer look at delta 8 legality in the Silver State.


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Nevada Delta-8 THC Laws

Even though both hemp and recreational cannabis are legal in Nevada, the state decided to ban delta 8 and other hemp-derived forms of THC.

Nevada passed Senate Bill 49 on June 4, 2021. The bill closed the loophole that allows for hemp-derived delta 8 THC through four specific changes:

  1. Redefining marijuana to include hemp-derived products containing more than the acceptable level of THC (presumably, anything over 0.3% of any type of THC)
  2. Adding delta-7, delta-8, and delta-10 to the state’s definition of tetrahydrocannabinol (THC)
  3. Redefining hemp as any cannabis with THC concentrations below the acceptable level (previously, and according to federal law, hemp is defined as cannabis with 0.3% or less of delta-9 THC specifically)
  4. Creating a new definition for synthetic cannabinoids and banning their use (although it’s not clear if delta 8 made from CBD falls under this definition)

Here are the exact updated definitions from the bill:

“Marijuana” means: any commodity or product made using hemp which the THC exceeds the Acceptable Hemp THC Level as defined in NAC 557

“THC” means Delta-9-tetrahydrocannabinol, along with any structural, optical and/or geometric isomers of tetrahydrocannabinol, unless exempted by NAC 453, including but not limited to:

1. Delta-97-tetrahydrocannabinol;

2. Delta-8-tetrahydrocannabinol; and 

3. Delta-10-tetrahydrocannabinol

“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.

New Statute NRS XXX.XXX “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 biosynthetic 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.

Nevada SB49

Taken together, these changes make delta-8, delta-10, THC-O acetate, and other hemp-derived THC products illegal in Nevada.

But if Nevada doesn’t consider delta 8 a synthetic cannabinoid, then a product containing 0.3% or less delta-8 THC by weight should still be legal. That means delta 8 gummies and other edibles with significant amounts of delta 8 (~20-50 mg) might still be legal in Nevada. But it’s not 100% clear.

What is Delta-8 THC?

You’re probably familiar with tetrahydrocannabinol (THC), the cannabis compound that gets you high. Cannabis plants contain high levels of delta-9 THC, its most common form.

But there’s another type called delta-8 THC. It’s weaker but produces all of the same effects as delta-9, including euphoria, sleepiness, and relaxation (1). 

Cannabis plants produce trace amounts of delta-8 THC. But it can also be made from hemp-derived cannabidiol (CBD).

The 2018 Farm Bill made hemp legal nationwide, limiting hemp products to a maximum of 0.3% delta-9 THC.

This created a loophole where delta-8 THC derived from hemp is considered legal because the bill only limits the levels of delta-9 THC.

Delta 8 is typically made from hemp-derived CBD by using a straightforward chemical conversion process. 

Other States Where Delta-8 THC is Illegal

Every state has the power to regulate delta 8 in its own way.

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Nevada

Delta 8 products are illegal in Nevada and likely to stay that way. Considering that the state specifically made laws banning delta-8 and other artificial, hemp-derived cannabinoids, it’s unlikely that this will change anytime soon.

Having said that, recreational marijuana is legal in the state, so you can use regular delta-9 THC products as an alternative. 

3 thoughts on “Is Delta-8 THC Legal in Nevada?”

    • Thanks for the question, you made me realize an important point.

      It depends on whether state authorities consider any delta 8 made from CBD synthetic (which I don’t think they do). So, a delta 8 product containing less than 0.3% delta-8-THC by total weight should still be considered a hemp product and therefore legal.

      That’s a very small amount but you could get gummies with a fairly big dose of delta 8 since the delta 8 weight is going to be a tiny percentage of the total gummy weight. This is the same “loophole” many companies use to sell hemp-derived gummies with 20-50 mg of delta-9 THC.

      Reply
      • What are your thoughts regarding the “loophole” -That’s a very small amount but you could get gummies with a fairly big dose of delta 8 since the delta 8 weight is going to be a tiny percentage of the total gummy weight. This is the same “loophole” many companies use to sell hemp-derived gummies with 20-50 mg of delta-9 THC.

        Do you think these products are legal?

        Reply

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