Is Delta-8 THC Really Legal in Nevada? Delta-8 Regulations in the Battle Born State

Delta 8 Nevada

As a resident of Nevada, you must’ve heard of the latest hype over Delta-8 THC. D-8 is the milder sister of Delta-9 THC and a more therapeutic hemp cannabinoid than CBD. 

If you’d like to try D-8, you’re probably questioning its legality in Nevada. Let’s look at D-8’s legality status in the Battle Born State and where to buy high-quality products. 

Is It Legal: Nevada Delta-8 Laws 

The short and simple answer is: YES! Hemp-derived Delta-8 is LEGAL in Nevada.

What Is Delta-8? 

It’s the next big thing after cannabidiol (CBD). Delta-8 is a minor hemp cannabinoid found in the plant in small concentrations (less than 0.1%). Most D-8 on the market is made via a process of converting hemp-derived CBD. 

D-8 is a sister molecule to the cannabis plant’s primary compound Delta-9 THC. It can cause a “high” because it’s an intoxicating compound but to a much lesser extent. Research shows that D-8 is roughly half the potency of Delta-9 if consumed at the same dose. The “high” produced by D-8 is mild, leaving the user clear-headed and productive. One of the main differences between a D-8 high and a D-9 high is that the former doesn’t cause as much anxiety and full-blown paranoia. 

Where to Buy Delta-8 in Nevada

Plenty of shops that sell to Nevada are offering a wide range of Delta-8 products. But the question is, which supplier can you trust? 

The D-8 market is full of bad apples, aka companies interested in making quick money without providing quality. Many unlicensed companies like gas stations and convenience stores are selling D-8 products that haven’t been screened for quality. 

A surefire way to reveal which brand can be trusted is to ask for a thorough Certificate of Analysis that clearly shows the types of cannabinoids (and their percentage) the product contains. If it’s a terpene enriched product, make sure you ask for a terpene report as well. 

Dealing with a reliable brand when buying D-8 products is key to making sure you’re consuming a safe product. Since 2016, Mr. Hemp Flower provides healthy and tested cannabinoid products made from legal hemp compliant with the 2018 Farm Bill. 

Why Mr. Hemp Flower? 

Our team strongly believes in the power of full spectrum hemp extracts. The experience whole-plant cannabinoid formulas offer is unmatched, so we’re always striving to offer optimized products. 

D-8 is legal in Nevada, so you can order any product from Mr. Hemp Flower. Looking for sugar-free Delta-8 gummies? We have ‘em. They are healthy and delicious treats you can take before going to bed. If you like gummies, you might find our soft gel capsules useful as well. 

If they’re not your cup of tea, try our D-8 hemp flower. If you like to dab or want to give dabbing a try, we have the best CBD + D-8 Hash. All of these items are tested and safe for consumption and come with a detailed Certificate of Analysis and terpene report.

Continued, Is Delta-8 Legal in Nevada? 

YES, hemp-derived Delta-8 THC is LEGAL in Nevada. 

The Battle Born State updated its hemp laws in accordance with the 2018 Farm Bill. The state legalized hemp and CBD products. It also excluded hemp and all its derivatives, extracts, and cannabinoids from the definition of marijuana and the Controlled Substances Act. But, Nevada also amended the law to ban tetrahydrocannabinols, including:

  1. Delta-9 tetrahydrocannabinol
  2. Delta-8 tetrahydrocannabinol
  3. The optical isomers of such substances

This makes the entire situation a bit complicated because Nevada lists D-8 in its Controlled Substances Act. On the other hand, tetrahydrocannabinols are legal for recreational use in the state, only if sold under specific regulatory and packaging requirements. 

This means that Delta-8 THC products are accessible as recreational cannabis, regardless if they’re coming from hemp or marijuana. But, because these products must be registered as “THC” products rather than hemp products, it’s likely more difficult to find brands that ship D-8 products to Nevada. 

Delta-8 THC and Federal Law 

The legality of Delta-8 on a federal level is complicated. 

The response from the US federal government to Delta-8 has been delayed, leaving the industry in an unregulated, grey area. 

The ongoing debate on Delta-8 THC is whether making this compound from hemp-derived CBD makes it a “synthetically derived tetrahydrocannabinol?”

Federal law considers “synthetic THCs” controlled substances because they are man-made, dangerous chemicals that mimic the effects of real tetrahydrocannabinols. The fundamental difference between “synthetic THCs” and hemp-derived D-8 is in the material used to make them.

The hemp plant doesn’t produce enough D-8 to be extracted in its organic form, like CBD. But, that didn’t stop chemists from finding a way to create this cannabinoid. Namely, D-8 products currently available on the market are infused with D-8 converted from hemp-derived CBD through the process of isomerization. 

While D-8 is synthesized from CBD, “synthetic tetrahydrocannabinols” are made through a purely chemical process. There’s no involvement of cannabis plant material whatsoever. Still, the term “synthetically derived tetrahydrocannabinol” is broadly defined, which leaves space for the feds to consider D-8 a “synthetic” cannabinoid. 

The Drug Enforcement Administration (DEA) is adamant that “all synthetically derived tetrahydrocannabinols remain Schedule I substances.” Also, the levels of Delta-9 THC are not in play when it comes to the legality of a product that contains “synthetic” cannabinoids. 

Some experts argue that regardless if it would be considered “synthetic” or not, D-8 is derived from the hemp plant and that by itself makes the compound legal under the 2018 Farm Bill. The only issue with that argument? Delta-8 is an intoxicating cannabinoid that can get the user “high.” The federal government legalized hemp because of its non-intoxicating nature, which is another reason D-8 requires proper regulation.  

Bottom line

As of this writing, Delta-8 is legal to buy in Nevada. The Battle Born State hasn’t explicitly banned the sale of hemp-derived D8 products. Nevadans can buy a wide range of D8 products online safely and discreetly.  

Delta 8 Nevada Laws

Be Sure to Check Out: 

Delta 8 THC Products

Delta 8 Gummies

All D-9 Products


This hemp derivative is legal to buy in Nevada. You can find it online and at local, in-person shops. 

D-8 is still an unregulated industry, so ordering it online is a safe alternative.

Get it till it’s available! Nevadans can shop a wide range of D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, D-8 is safe. It’s as safe as any other cannabinoid present in hemp. The risk of consuming D-8 comes from badly made products that haven’t been screened for quality.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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