Is Delta-8 THC Legal in Nevada?

By | Updated on October 5, 2023

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Nevada passed a law in 2021 that redefined marijuana, hemp, and THC to close the loophole that allowed for hemp-derived delta-8 THC. Because of this, you can only buy delta 8 products from state-licensed dispensaries. Here’s a closer look at delta 8 legality in the Silver State.


Delta-8 THC is regulated in Nevada. You can only get it from licensed dispensaries and cannot buy it from unlicensed sources.

If you want to buy high-quality delta 8 THC products, I recommend Extract Labs. It’s a transparent brand that provides up-to-date potency and contaminant third-party lab test results, which are crucial for getting a safe and effective delta 8 product.

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 treat delta-8, delta-10, THC-O acetate, and other hemp-derived THC products the same as marijuana, which means they’re only accessible from licensed dispensaries.

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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Nevada

Delta 8 products are regulated the same way as recreational cannabis in Nevada and likely to stay that way.

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.

      • 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?


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