Editor’s Note: Nevada State Law Changed in July 2021. Read the new law HERE

Delta 8 is a new and upcoming cannabinoid readily available to the general public. Because of it’s similar structure to Delta 9, which is the main psychoactive cannabinoid within cannabis that creates a sense of euphoria that consumers aim for, there can be some confusion over whether or not it is legal to produce and consume on both the state and federal levels. This article will hopefully answer some of the questions surrounding the legality of this new cannabinoid, which is causing quite a stir and receiving a lot of praise from consumers. Let’s take a look at the federal laws surrounding Delta 8 as well as Nevada state law.

Federal Law

Back in 2018, the USDA passed what is now known as the Farm Bill. Within this bill, there is a distinct definition of hemp. It states:

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

This definition states that as long as a final product contains less than 0.3 percent of Delta 9 in it, then it is considered hemp and is legal to produce, sell, and consume among the general public. This means that all Delta 8 products are legal because they do not contain any Delta 9 within them

So, what’s the difference between Delta 8 and Delta 9? Delta 8 has been reported to be less potent and more controllable than Delta 9. This is because of a structural difference on the molecular level. Delta 8 has a double bond on the 8th carbon chain and Delta 9 has a double bond on the 9th carbon chain. Because of this difference, Delta 8 is legal. 

But just because Delta 8 is legal on the federal level doesn’t mean that it is legal in every state. States get to set their own laws separate from the federal government. It’s how some states have legalized medical cannabis and others have not. So, what does Nevada state law say about hemp and Delta 8?

Nevada State Law

Nevada, like many other states in the country, has adopted the same definition of hemp as stated in the Farm Bill, making Delta 8 legal within the state. The state law specifically says: 

“NRS 557.160 “Hemp” defined.

‘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 maximum THC concentration established by federal law for hemp.”

Again, as long as the final product contains less than 0.3 percent of Delta 9, it is legal in Nevada. This applies to Delta 8. Before you purchase and consume any Delta 8 product, research the laws in your state. Laws are subject to change at any time.

Make sure to check back for more cannabis and hemp related news.