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The Legalities of Delta 8 THC In the Silver State. Is Delta 8 Legal In Nevada?

October 13, 2021
Delta 8 legal in Nevada - biowellnessx

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Is D8 legal in Nevada? A question many keep asking themselves these days. In the Silver State, the legalization of marijuana has caused some confusion over what substances are legal to use and which ones are not. This blog post will explore the topic, discussing what you need to know about Delta 8 and so you decide whether or not it’s safe for you to use.

LEGAL DISCLAIMER: The laws surrounding Delta 8 are constantly changing. We always do our best to give you the most updated information, but we can not always be on top of it with things changing so much. This information is not intended as legal advice. Please do your own due diligence and check the laws in your state before purchase.


  • Is Delta 8 THC legal in Nevada? No.
  • Delta 8 is a controlled substance in Nevada.
  • Possession of Delta 8 is punishable by felony charges, and the distribution of Delta 8 is punishable with severe penalties.
  • D8 is legal in all 50 states at a federal level, but each state has its own regulations.


According to state law, Delta 8 THC is illegal in Nevada. It is currently unclear whether the state of Nevada will be changing its rules regarding Delta 8 THC or if any dispensaries are selling it legally under their recreational cannabis licenses.

Nevada is the only state in the United States to specifically list Delta 8 THC by name in their Controlled Substances Act. You’ll see that Delta 8 is listed as a Schedule I Controlled Substance in Nevada. For example, if someone had more than 3 ounces of marijuana, they could be charged with possession with intent to sell or distribute under NRS 453.3355(2).


Nevada State Senator Tick Segerblom was the main sponsor of Senate Bill 375, allowing hemp extracts and CBD products to be sold in Nevada. Despite these changes, D8 THC is still considered a controlled substance and banned by the state.

The 2014 Farm Bill federally legalized hemp that contains less than 0.3% of Delta 9 THC (which is the psychoactive form of THC). The 2014 Farm Bill did not legalize hemp that contains any amount of Delta 8 THC, nor does it allow for commercial sale of products containing any percentage of Delta 8 THC. Cannabis that contains more than 0.3% Delta 9 THC, same laws persist, and it remains a Schedule I controlled substance.

While hemp plant is federally legal under the Farm Bill, there has been some debate over what exactly counts as hemp, leading to changes in state laws.

CHAPTER 557 – HEMP NRS 557.160 “Hemp” defined.

1. “Hemp” means any plant of the genus Cannabis sativa L. and any part of such plant, including, without any limitation, the seeds and all derivatives, cannabinoids, isomers, extracts, acids, salts, and salts of isomers, growing or not, with a THC concentration or compound that does not exceed the maximum thc concentration established THC agreed by the 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 7 CFR Part 990

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 such plant, including, without any limitation, the seeds and all derivatives, cannabinoids, isomers, extracts, acids, salts, and salts of isomers, 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.


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.


Delta 8 THC is a cannabinoid that can be found naturally in hemp plants but only in very small quantities. This substance belongs to the group of cannabinoids known as tetrahydrocannabinol, which are the most abundant chemical compounds found in cannabis Sativa plants. Delta 8 THC is a federally recognized cannabinoid, meaning that it is legal to possess, use, and sell in most states. Delta 8 THC has been shown to provide some medicinal benefits such as analgesic relief and anti-anxiety/antidepressant properties. There is still a limited amount of studies; however, customer feedback already indicates that this compound is continuing to helping people across the nation. It also doesn’t cause the feeling of being “high” or “stoned” that most people associate with marijuana. However, do consider this is THC, and if you take enough, you will feel it. There are many different delivery methods for this cannabinoid, and we are just starting to scratch the surface.

It is important to note, however, that Delta 8 THC is not the same as CBD oil. Although they are both cannabinoids found within hemp plants, CBD is another type of cannabinoid with a very different chemical structure than Delta 8 THC. The main difference between the two is how Delta 8 THC interacts with the cannabinoid receptors found in cells and throughout the body. Delta 8 THC is a strong agonist for these receptors, meaning that it attaches to them and triggers a response. On the other hand, CBD has a very weak binding affinity for cannabinoid receptors, which does not trigger a significant physiological response.

Although Delta 8 THC can be found in marijuana and other strains of cannabis (hemp plant), it is most prevalent in hemp-derived products you’ll find on the market today. When Delta 8 THC enters the body, it interacts with the endocannabinoid system to produce effects that mimic cannabinoids made naturally by the body. This creates a powerful synergy between hemp-derived cannabinoids and the body’s natural response to them.


Delta 8 is a controlled substance in Nevada. The possession of Delta 8 is punishable by felony charges, and the distribution of Delta 8 is punishable with severe penalties.

There are four types of controlled substances that exist: Schedule I, II, III, and IV. All states add their controlled substances to Schedule I. In Nevada, Delta 8-THC has been added to schedule I via NRS 453.567(7).

In Nevada, a person faces felony charges if they have more than three pounds of Delta 8 or any quantity of salt or isomer of Delta 8. Punishable by a mandatory minimum sentence of 1 year in prison, with the possibility of a sentence to life with or without parole. If a person has less than one pound of Delta 8 in their possession, they face a misdemeanor charge, and it carries a maximum sentence of 1 year in jail and a $2000 fine. This is subject to change, so always keep an eye on new regulations that might have been put in place after this blog post was written.

Distribution of Delta 8 is punishable with severe penalties in Nevada. If a person distributes or dispenses to a minor who they know is under the age of 18, then that qualifies as distribution and not merely dispensing. A first-time offense involving less than one pound will yield prison time between 1-6 years, whereas a first-time offense involving one pound or more will yield prison time between 2-15 years.


In Nevada, possession limits for D8 are one ounce in a person’s primary residence and up to 1/2 ounce elsewhere. Possession of more than this amount could result in a misdemeanor charge.

People who possess marijuana in amounts more significant than the legal limit face even harsher punishment. If a person has more than 1 ounce of marijuana outside their primary residence, they could face felony charges.


Have you ever wanted to try and use Delta 8? You may be asking yourself if you can have the product delivered straight to your doorstep. Many people wonder if they can use certain services that cross state lines, such as food delivery services or online retailers. If you live in Nevada and are thinking about ordering Delta 8 online, the answer is yes! There are no laws against this in any state.


Delta 8 THC is federally legal under the Hemp Farming Act of 2018, but each state has the right to determine its stance on THC derived from hemp. That means that while it’s not against federal law to use or possess D8, it may be against your state’s laws. Always check your state laws or with a legal professional to get the updates.


There are no legal age regulations at the state or federal level. Even in a cannabis-friendly state, many retailers will not allow you to legally purchase D8 or any other legal hemp-derived products if you are under 21 years of age.


BiowellnessX is a reputable online retailer with many Delta 8, Delta 10, and other incredible CBD and hemp products. If you are shopping online and want to find quality goods, check out our wide range of products to see what best suits you. We are working hard to get our online products into a physical store so our customers can also have in-person options for that “convenience factor.” We strive to have better products, better prices, and better customer service than our competitors. Check out our CBD products online and give one of our customer service reps a call today. They would love to help you.


Controlled Substances Act Title 21 United States Code (USC) Controlled Substances ActThe Controlled Substances Act (

The Farm Bill Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA

Frequently asked questions

Can I take Delta 8 if I have a medical condition?

First of all, you should always seek your doctor's advice before taking any products as they might interfere with some prescription medications.

Will I get High from Delta 8?

Delta 8 THC is a psychoactive substance that can get you that "high" feeling. However, the high will not be as intense or last for quite as long as with regular delta 9 THC. Many people use this substitute when their state doesn't allow them to take in any form of marijuana due to its legality across certain regions. Others just use it for the remedy it provides.

Can I fail a Drug Test when consuming Delta 8?

Delta 8 has been shown to interact with the same brain receptors as Delta 9 THC and can produce a "high." Unfortunately, this means that most will also test positive for delta 8 as they would as D9.

What is the best Delta 8 Product to take?

It depends from person to person. Some people like to vape, where others have a bigger sweet tooth and prefer gummies or edibles in general. Others don't like either and prefer the oils. Delta 8 comes in many variations, so it's just a matter of figure out which method you prefer.

Is there a Delta 8 topical solution?

Right now, the only topical solution that we offer is a CBD-based topical. I'm sure there is a Delta 8 one in the works, though.

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