Nevada Lawmakers Silently Make Delta 8 Illegal


Surprisingly, Nevada Governor Steve Sisolak, D, signed SB 49. This bill banned Delta 7, Delta 8, and Delta 10 from being sold and distributed within Nevada. SB 49 also bans THC-O acetate, one of the latest cannabinoids to hit the legal market. Unfortunately, this bill’s passage was so underwraps that vendors at the Champs Trade Show in Las Vegas had products confiscated. 

Many vendors and showgoers were unaware of this new change in Nevada state law. This is a state that has legalized both recreational and medical cannabis. Additionally, cannabis consumption lounges are now legal across the state. It may seem curious how this bill came around in a more progressive state with both recreational and medical cannabis. Then again, other states that offer both types of cannabis have banned Delta 8. Those include: Arizona, Colorado, Montana, and New York.

Previous Law

Previously, Nevada state law defined Delta 8 the same as the Farm Bill; industrial hemp. As long as a product contained no more than 0.3 percent of Delta 9, then it was legal to sell in the state. The law stated

“‘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.”

Under the law, Delta 8 was legal. It followed the guidelines set down and stayed within all limits.

Current Law

Hemp’s definition in the state changed with the signing of SB 49. Now the law reads:

“(1) any commodity or product made using hemp which exceeds the maximum THC concentration established by the State Department of Agriculture; and (2) a product or commodity made from hemp and manufactured or sold by a cannabis establishment that exceeds the maximum THC concentration established by the Cannabis Compliance Board. Existing law defines THC as (1) delta-9-tetrahydrocannibinol; (2) delta-8-tetrahydrocannibinol; and (3) the optical isomers of such substances. (NRS 453.139) Section 3.5 of this bill revises the definition of THC as (1) delta-9-tetrahydrocannabinol and any structural, optical, or geometric isomer thereof; (2) delta-8-tetrahydrocannibinol; (3) delta-7-tetrahydrocannibinol; and (4) delta-10-tetrahydrocannibinol. – is prohibited.”

Delta 7, Delta 8, Delta 10 are specifically listed, with the last line saying each is prohibited. Anyone selling or distributing any of these products will be breaking the law and will receive ramifications as determined by the state. 


This may end up being a bigger blow to Nevada than the hemp industry, who has been seeing an increase in sales across the country this year. The industry could become a $15 billion dollar industry in the next few years. Nevada has now removed itself from this industry.

Laws are always subject to change, as seen here and in Arkansas, where Delta 8 became legal. Always research the rules and regulations in your state before purchasing and consuming Delta 8 products.

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