Is Delta 8 THC Legal in Nevada?

The legalities of Delta 8 THC have evolved in this state. The laws for buying and selling Delta 8 in Nevada can be confusing at times, so we're going to break them down for you!

Delta 9 Nevada Legal THC

Before we jump into the legality of Delta 8, let's talk about the most popular form of THC which is Delta 9 THC.  Delta-9 is the type of compound found in cannabis known for providing the euphoric effects, "high", for the user.  For example, the legal Delta 9 edibles will be an option for Nevadans.  The options for Nevada include Delta-9 THC and the hydrogenated form of THC which is called Hexahydrocannabinol (HHC).  The HHC products are known for providing similar effects for the user and are currently legal in every US State.

To get back to our main question, though: would it be lawful to take Delta-8 in Nevada?

Yes, Delta 8 THC is legal in the State of Nevada.

In Nevada, Delta 8 THC is allowed. Under the latest addition to the law, Nevada is now legal for Delta-8 THC. Thanks to the addition of Delta-8 THC mentioned by name in the controlled substances list, we now know its intent was to be legal by reviewing the side-by-side definition of Delta-9 THC monitored with industrial hemp.  Though Delta-8 THC has been added to the list, the intent was not to deem it as illegal as it is an industrial hemp product protected at the federal level due to the 2018 Farm Bill.  Essentially, lawmakers needed to add it to the list in order to monitor it separately from recreational marijuana which is regulated differently in the state.

Below is the attorney's letter:

Industrial hemp enthusiasts have not lost out on the ability to experience one of the psychoactive minor cannabinoids in hemp, Delta 8 THC, as it has recently been legalized thanks to a new amended law for hemp in the state.

With Delta 8 THC being an isomer found naturally in the hemp plant, and it not being the federally regulated Delta 9 THC, it had many people questioning whether it was one of the legal hemp derivatives since it is one of the isomers of hemp protected by the federal 2018 Farm Bill.

Delta 8 THC is a natural cannabinoid in hemp with potent effects that was overlooked when the Farm Bill was passed and signed by the president. Because this cannabinoid is a derivative of hemp, many residents had believed it was protected by the federal bill. However, due to Delta 8's psychoactive qualities (of getting users high), lawmakers have decided to include this tetrahydrocannabinol (THC) variety of hemp and monitor its use in the future.

Current Nevada Delta-8 Legislation

Legislative actions in Nevada have been focused on closing loopholes but not on restricting Delta-8 THC in the state. Stemming from a series of events from reports of high Delta-8 THC products being found in the state to third-party labs not reporting Delta-8 THC content in samples, the state has been on high-alert since the Delta-8 craze began.

Nevada is a unique case since after all, recreational cannabis has been legal in the state starting in 2017. So why would the minor cannabinoid, Delta 8, start such a contentious debate in the state? To answer this, we have to go through the legislative documents that made it so.

Most states follow the guidance of the federal 2018 Farm Bill which suggests that hemp-derived products originating from legal industrial hemp farms are federally legal, as long as the Delta-9-Tetrahydrocannabinol levels do not exceed .3%. Since laws are meant to be interpreted literally, most US States have simply monitored the Delta-9 THC levels. However, with the buzz of Delta-8 THC also being psychoactive, but not explicitly expressed in the 2018 Farm Bill, state legislators have decided to revise the lawmaking Delta-8-THC a part of Tetrahydrocannabinols to monitor.

Here are some of the clauses included in Senate Bill No. 305:

“Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight basis.

....“THC” has the meaning ascribed to it in NRS 453A.155

...Restrict or prohibit the use or processing of industrial hemp for the creation, manufacture, sale or use of cannabidiol or any compound, salt, derivative, mixture or preparation of cannabidiol.

Essentially, Nevada lawmakers are looking for a clear separation of legal industrial hemp from current marijuana laws to differentiate the two in the state.

Below is a timeline describing the evolving hemp laws as they've come to be in Nevada.

Source: https://agri.nv.gov/Plant/Seed_Certification/Industrial_Hemp/Resources/

Nevada Industrial Hemp Act

The Industrial Hemp Pilot Program is managed by the State of Nevada Department of Agriculture. The program credits both the federal Farm Bill and Senate Bill 305 as the originators for their formation.

Senate Bill 305 provided the state-level authorization to grow industrial hemp in the state, while the Farm Bill provided the federal oversight to ensure federal guidelines are in place and followed.

List of controlled substances

Unlike other states, Nevada now specifically lists Delta-8-Tetrahydrocannabinol by name in their list of Controlled Substances. This alarmed many people, including manufacturers, that since Delta-8-tetrahydrocannabinol was added, it became prohibited. In the amended documents, NRS 453.139 of the Uniform Controlled Substances Act defines the following:

“THC” defined.  “THC” means:

1.  Delta-9-tetrahydrocannabinol;

2.  Delta-8-tetrahydrocannabinol; and

3.  The optical isomers of such substances.

However, what most people don't know is that lawmakers changed the law for the intent of its legality being legal, but regulated in the future. So now Delta-8 THC is actually legal in Nevada with the only restriction being at or below the .3% Delta-9 THC level. We'll see what the future holds with regulating the Delta-8 THC levels in the future.

Buying and Shipping Delta 8 in Nevada

Since Delta 8 is legal in the State of Nevada, residents can buy and possess Delta 8 THC Products with a shipping address located in the state. All product lines with hemp extracts are now being monitored for the levels of Delta-9 in the state, with the .3% THC limit.

Retail Delta 8 THC & CBD Stores selling products (such as Delta 8 THC Gummies) can now buy bulk Delta 8 in the state.

Border States to Nevada:

Oregon, Idaho, Utah, Arizona, and California

Advocacy Groups in Nevada Supporting Delta 8 and Hemp Laws

Nevadans are continuously supportive of Delta 8 and pushing towards better Hemp Laws, in general. Check out some of the standout organizations in the State:

Cannabis Chambers of Commerce

NORML Nevada

Wellness Education Cannabis Advocates of Nevada

News stories covering raids or busts on Delta 8 Products and stores in Nevada

3/14/2022

EXCLUSIVE: Businesses selling Delta-8 THC products raided by police sparks lawsuit

1/14/2021

Nevada County bans industrial hemp cultivation

1/7/2021

After strong start, hemp farming in Nevada trying to find footing