Is CBD Oil Legal In Nevada


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Nevada quietly prohibits the sale, production, and promotion of delta-8 THC, causing confusion among delta-8 vendors and customers. Looking for where to buy CBD oil in Nevada? There are stores in Las Vegas, Reno, Henderson, and even Carson City. Want to buy CBD in Nevada? Before you commit to a purchase, you should be aware of the laws and regulations regarding CBD.

Is Delta-8 Legal in Nevada?

No, delta-8 THC is illegal in Nevada and is considered a controlled substance under state law. This legal status means you cannot use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products without risk of penalty or prosecution.

Other THC isomers, such as delta-7, delta-10, THC-O, HHC, and THC-O, are illegal in Nevada. However, medical marijuana and adult-use recreational cannabis are legal under Nevada state law. Hemp-derived CBD is also legal.

Is delta-8 legal in Nevada?

  • Delta-8 THC is not legal in Nevada. The state is one of few that explicitly lists delta-8 as a controlled substance under its Uniform Controlled Substances Act.
  • Therefore, the use, possession, sale, distribution, production, and promotion of delta-8 products are not permitted under state law.
  • Other THC isomers, such as delta-10, THC-O, and HHC, are also prohibited controlled substances.
  • However, medical marijuana and recreational cannabis are legal in Nevada, as is hemp-derived CBD sourced from hemp plants carrying no more than 0.3 THC.

Is delta-8 THC legal in Nevada?

No. Unfortunately, delta-8 THC is not legal in Nevada. The state considers it a controlled substance, alongside other THC isomers such as delta-7, delta-10, THC-O, THCP, and HHC.

In a newsletter published by the Nevada Cannabis Compliance Board (CCB), The state’s Controlled Substances Act defines THC as delta-9, delta-8, and their optical isomers. If a product carries above 0.3% THC (delta-8, delta-9, or otherwise), it’s a controlled substance. Anyone looking to sell or produce delta-8 products must be licensed by the state.

Nevada’s banning of delta-8 THC happened silently and without warning, leading to a surprise raid on the CHAMPS cannabis convention in Las Vegas on July 27, 2021.

According to reports, undercover police officers attended the convention searching for delta-8 products. Several vendors were arrested after a district attorney was given a delta-8 product sample. An event organizer promptly banned delta-8 from the convention following the arrests.

Legislative history of delta-8 in Nevada

On June 4, 2021, state lawmakers passed Nevada Senate Bill 42, a bill signed into law by Nevada Governor Steve Sisolak banning the sale, distribution, production, and promotion of delta-8.

The bill prohibits all products made using hemp carrying more than 0.3% THC under the Nevada Controlled Substances Act. The term “THC” describes all tetrahydrocannabinols, including delta-8, delta-9, delta-10, and THC-O.

In other words, the combined quantity of all tetrahydrocannabinols in any given hemp-derived product cannot exceed 0.3%. Any higher than this and the state classifies it as marijuana, a strictly regulated state-controlled substance.

Furthermore, the bill also prohibits all artificially produced cannabinoids, including delta-8 that’s been chemically synthesized from CBD.

Therefore, the use, possession, sale, distribution, and production of hemp-derived delta-8 products are illegal under Nevada state law.

Before Senate Bill 42, hemp-derived delta-8 was legal under Nevada’s Senate Bill 209. This bill legalizes hemp and hemp-derived compounds (including delta-8). It places the Nevada Department of Health and Human Services in charge of testing and labeling certain hemp-based products and commodities.

Before June 4, 2021, hemp-derived delta-8 products were widely available across the State of Nevada.

Buying delta-8 in Nevada

Delta-8 is an illegal controlled substance in Nevada and cannot legally be sold, distributed, or purchased. Physical retail stores or vendors selling and distributing delta-8 products such as delta-8 tinctures, delta-8 gummies, and delta-8 flower operate outside state law and could face serious issues with law enforcement.

We recommend you not purchase any delta-8 products online or through physical retail stores to avoid penalty or prosecution.

Can you fly into Nevada with delta-8?

No. Nevada considers hemp-derived delta-8 an illegal controlled substance. You cannot fly into the state with delta-8 products in your possession, nor can you transport them via train, car, or bus. Likewise, you cannot cross Nevada state borders with marijuana-derived delta-8 products in your possession either. Marijuana is not legal on the federal level, and since the federal government controls all state borders, crossing into Nevada with marijuana-derived delta-8 could be seen as a federal crime.

Is marijuana legal in Nevada?

Yes, medical and recreational marijuana is legal in Nevada under state law. The state legalized medical cannabis after passing two voter-approved ballot initiatives in 1998 and 2000. The first medical cannabis dispensaries opened roughly 15 years later, in 2015. Recreational cannabis was legalized later in 2016 for adults aged 21 and above.

Medical marijuana

In 1998 and 2002, Nevada voters approved the Nevada Medical Marijuana Act (NMMA), a ballot initiative that passed with 59% and 65% of the vote in each respective year. Two ballot approvals were required since the initiative sought to change the Nevada Constitution.

Following the approval of the NMMA, the Nevada State Legislature passed Assembly Bill 453, sponsored by Christina Giunchigliani and later signed by Governor Kenny Guinn. This bill defelonizes the possession of medical cannabis for qualifying patients and removes jail time and criminal convictions for minor cannabis offenders. It also allows patients to home-grow up to seven cannabis plants for personal medicinal use. The law went into effect on June 1, 2001

Qualifying patients can possess up to 2.5 oz of medical cannabis and grow up to 12 cannabis plants for personal medicinal use.

However, Assembly Bill 453 and its amendment to Nevada’s Constitution didn’t specify how patients can legally purchase medical marijuana, leaving them to grow their own or obtain it illegally through the cannabis black market.

Since the approval of the NMMA and the passing of Assembly Bill 453, various amendments have shaped Nevada’s medical marijuana laws.

On June 12, 2013, Nevada lawmakers passed Senate Bill 374 and was signed by Governor Brian Sandoval. This bill allows commercial distribution of medical cannabis. The first dispensary opened on July 31, 2015, nearly two years after Senate Bill 374.

The qualifying conditions required to receive medical cannabis in Nevada include cancer, AIDS, cachexia, glaucoma, PTSD, seizures, and severe pain.

Recreational marijuana

Following two failed attempts to decriminalize or legalize recreational cannabis in 2002 (Question 9) and 2006 (Regulation of Marijuana Initiative, Question 7), Nevada finally legalized it in 2016, following the voter-approved Initiative to Regulate and Tax Marijuana (Question 2), which passed with 54% of the vote.

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This initiative allows adults aged 21 years and older to legally use and possess cannabis and cultivate up to six cannabis plants* without penalty or prosecution. It also establishes a regulatory framework for the sale and cultivation of recreational marijuana. The law officially went into effect on January 1, 2017. The first state-licensed dispensaries opened seven months later, on July 1, 2017.

Recreational cannabis use and possession laws in Nevada apply and are as follows:

  • Adults above the age of 21 can possess up to 1 oz of marijuana flower and a one-eighth ounce of cannabis concentrate.
  • The use of recreational cannabis is only permitted on private property, provided the owner has not prohibited it. Public use and consumption are forbidden.
  • Possession of more than 1 oz of marijuana for personal use is a misdemeanor punishable by a fine of up to $600. The same penalty is imposed if caught consuming recreational marijuana in public.
  • Possessing between 1 oz and 100lbs of recreational cannabis with the intent to sell or deliver is a felony and punishable by up to four years in prison and a maximum $5,000 fine.

*Users can only grow and cultivate cannabis plants if they live more than 25 miles away from a cannabis dispensary.

Can you buy delta-10 THC, THC-O, or HHC in Nevada?

No, like delta-8, Nevada prohibits all isomers of THC, including delta-10, THC-O, and HHC, meaning their use, possession, sale, distribution, and production is illegal under state law.

Is CBD legal in Nevada?

Yes, hemp-derived CBD derived from hemp plants carrying no more than 0.3% THC (by dry weight) is legal and widely available but remains unregulated in Nevada.

The state follows the guidelines set out by the federal Agriculture Improvement Act (2018 Farm Bill), which legalizes hemp and hemp-derived compounds and removes them from the definition of marijuana in the Controlled Substances Act.

However, Nevada lawmakers have yet to regulate CBD products, even after the passing of Senate Bill 209 in 2019, which instructs the Nevada Department of Health and Human Services (DHHS) to control and regulate the testing and labeling of all hemp and hemp-derived products.

Nevada prohibits CBD from being infused in food, beverages, and dietary supplements, which follows the directives outlined by the federal Food & Drug Administration (FDA) under its Food, Drug, and Cosmetics Act (FD&C).

Is marijuana-derived CBD legal in Nevada?

Yes, marijuana-derived CBD is legal in Nevada for medicinal and recreational purposes and is regulated under the state’s marijuana laws.

Upcoming legislation

There is currently no upcoming legislation that could change delta-8’s legality in Nevada. However, since the state legalizes medical and recreational cannabis, we expect to see delta-8 products regulated under the same framework as marijuana in the future.


Nevada’s decision to ban delta-8 might come as a shock considering the state allows medical and recreational cannabis. However, delta-8 has recently come under fire for existing in an unregulated market, where products can contain more than the legal limit of 0.3% delta-9 and carry harmful levels of contaminants.

In our recent lab study on 51 delta-8 products produced and on sale in the US, approximately 76% carried over and above the federal 0.3% THC limit. Any product above this limit is illegal and a controlled substance on the federal level. One particular product carried roughly 23% THC, which is a whopping 7700% over the legal limit.

A further 77% of products contained less delta-8 than advertised, while 67% of delta-8 vendors didn’t test for impurities or contaminants. Worse still, several companies doctored their third-party test results (COAs), suggesting widespread fraudulent behavior, lack of transparency, and very little regard for consumer safety.

To counteract this, we believe Nevada should regulate delta-8 products the same way it does marijuana. Strict regulatory oversight means products can still go on sale but only if approved by the appropriate governing bodies. This way, consumers are protected from shady companies peddling out poor, low quality, and unsafe delta-8 products.

Where to Buy CBD Oil in Nevada? Hemp Oil Laws & Legality (2022)

Hemp-derived CBD oil is one of the most popular health and wellness products on the market, available all across the U.S. and in 40 countries around the world. Nevada is one of the most progressive states when it comes to laws on cannabis use. Having legalized recreational marijuana for personal use, the state is also very friendly towards medical marijuana users.

In addition, Nevada is one of the most prominent CBD markets, with its worth reaching $500 million in annual imports. There is a myriad of CBD oil stores offering a wide range of products infused with Cannabidiol.

But do you know what the legal status of hemp and marijuana CBD oil in Nevada is? If not, we’re here to help.

Where to Buy CBD Oil in Nevada?

As mentioned before, there are plenty of head shops and vape stores where you can buy CBD oil in Nevada. Considering the pace at which the market is developing, we may soon expect a sudden boom of more shops with CBD products on their offer. Finding CBD oil in Nevada somewhere near you shouldn’t be a great deal, then.

But, if, for some reason, you don’t like walking around the city and searching for head shops to get high-quality CBD oil, you might want to consider buying it online.


Buying CBD oil online comes with a few perks. To begin with, many CBD companies provide their customers with attractive discounts on their product range, so it’s a good option if you want to reduce the damage to your budget.

Another advantage of buying CBD oil online is the simplicity of the purchasing process. All you need to do is select a product, add it to your cart, and checkout. It usually takes up to 15 minutes to place an order.

On top of that, when you buy CBD oil right from the manufacturer, you know where to hit when you end up not satisfied with the effects. Most reputable CBD companies have clear shipping & return policies to make sure their clients are compensated whenever something is wrong with their experience.

When buying CBD oil in Nevada through an online retailer, keep in mind to make sure the company meets the industry standards. For more information, check our detailed guide on Buying CBD Oil Online.

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Is CBD Oil Legal in Nevada?

The short answer is: yes.

The long answer is… also yes, but there are different regulations regarding marijuana and hemp CBD oil in Nevada.


Marijuana is legal in Nevada for both medical and recreational purposes. The “Silver State” residents can now safely access both hemp-based CBD oils and marijuana-derived CBD oils for personal use. You don’t need a prescription to purchase marijuana CBD oil in Nevada. Just make sure you get your CBD oil from a reliable source.

However, marijuana’s legal status doesn’t mean you can do just about anything in public in Nevada. For one, people can’t cultivate the plant here unless they live 25 (or more) miles away from a licensed dispensary. It’s legal to buy marijuana in the state, although lighting up and “toking” your way down the streets is still not allowed, and you can face financial fines for committing a misdemeanor.

Last but not least, the consumption of marijuana CBD oil in Nevada is restricted solely to your private residence. Hemp-derived CBD oil goes by the same token. Nonetheless, you can still get around these laws by vaping your CBD oil – it’s generally odorless, so it will appear as if you were vaping your regular vape juice.


When it comes to consumption and possession of hemp-derived CBD oil in Nevada, the state follows the 2018 Farm Bill passed by congress. Moreover, the Nevada state legislature has not enacted to regulate CBD sourced from hemp in any way.

That being said, it is perfectly legal to purchase hemp CBD oil on the soil of Nevada. That’s because CBD sourced from hemp contains less than 0.3% THC. Therefore, such oil is non-intoxicating and does not fall under the Controlled Substances Act.

Where to Buy CBD in Nevada in 2022

As the CBD industry continues to grow, more people are wondering if they can buy it, and how to find it.

Some of the most common uses of CBD include treating seizures, pain, anxiety, and inflammation. We are discovering more medical applications every day as research on CBD continues.

Usually, your best bet is to purchase CBD through a reliable online supplier. You can also find it locally in dispensaries, vape stores, head shops, and natural health outlets. Here’s what you need to be aware of.

5. All Cannabis Products Legal Except Δ8

Table of Contents

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Is CBD Legal in Nevada in 2022?

YES! You can legally purchase CBD in Nevada. The laws change slightly depending on whether your CBD is marijuana-derived or hemp-derived. However, because marijuana is legal, you’ll have access to both.

CBD made from a flowering marijuana plant may only be purchased from a licensed dispensary. This type of CBD is treated no differently than regular marijuana.

On the other hand, industrial hemp CBD contains only trace amounts of THC and won’t get the user high. This type of CBD is legal to purchase, thanks to the Agricultural Act of 2018.

The Agricultural Act of 2018 removed industrial hemp from the list of Controlled Substances, where it was previously treated similarly to LSD or heroin.

This change allows farmers to produce industrial hemp for research and marketing purposes. It can be used to make paper, clothing, food, fuel, and CBD.

How to Find Quality CBD in Nevada

CBD is widely available online and in-store in Nevada.

It’s important to know that the CBD industry is relatively new and quickly growing. There are a ton of companies that are producing low-quality CBD to make a quick buck off of the hype.

Luckily, there are a few ways to tell if a company is producing sketchy CBD.

The first thing you should do is make sure that the CBD has been tested by an outside lab. This is by far the easiest way to tell if a company is being truthful about its products or not. These labs can verify that the CBD in the container is the same as the amount advertised.

Next, make sure that you’re buying full-spectrum products; these include additional compounds, like terpenes and flavonoids, that help CBD do its job. CBD made using only parts of the marijuana plant may not contain these helpful ingredients.

Lastly, avoid any company that makes outrageous claims about CBD; this is a massive red flag. CBD can help with your overall health, but it’s not going to cure cancer. If a company advertises CBD as a cure for everything, it is likely preying on uninformed customers. Don’t give it your business!

By following these steps, you’ll be on the way to finding a reliable CBD supplier. It can be harder to double-check these steps if you’re purchasing CBD over the counter, however, so be extra cautious when buying in-store.

Where to Buy CBD in Nevada

Generally, you’re better off making your purchase online with a trustworthy company. You shouldn’t have any trouble finding CBD locally in Nevada, but it’s difficult to know if you’re getting a good product.

Regardless of where you end up buying your CBD, always do your research before handing over your money.

You’ve found yourself here, so I trust you to make the right decision.

Online Shops

Shopping online for CBD is almost always more convenient than running around comparing prices and products.

If you shop online, you are opening the door to hundreds of products at competitive prices. You can easily compare your different options with a few clicks. It saves you a ton of time when you don’t have to go to three or four stores to find the products you’re looking for.

CBD found online is almost always cheaper than that found in-store. Online stores can offer discount deals or special offers that your local shop won’t be able to beat. Therefore, you’re saving cash every time you place your order online.

Usually, your products can be sent to your door within a few business days.

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However, there is something to be said about seeing products in person. If you would prefer to head to a local shop and take a look for yourself, check out our list below of places you should be able to find quality CBD in Nevada!

Is Marijuana Legal in Nevada in 2022?

Yes! Nevada is one of the best places to be in the United States if you’re interested in marijuana. The Silver State has legalized marijuana for both medical and recreational purposes.

Nevada first banned marijuana in 1923, and it took nearly 75 years before any progress happened. In 1998, the Government proposed the Nevada Medical Marijuana Act to the public. The act would make medical marijuana available to patients who were suffering from severe medical conditions.

It passed with 59% of Nevadans voting yes. To pass as law, the Nevada Medical Marijuana Act needed to get approval in consecutive elections. It was posted again in 2000 and received a 65% yes vote.

Nevadans were ready for medical marijuana, but it would take over a decade before the implementation of the program.

Medical Marijuana in Nevada

Under the Nevada Medical Marijuana Act, approved patients may possess up to 2.5 ounces of marijuana or the equivalent of edibles and extracts.

Although it was legal to possess medical marijuana way back in 2000, patients had no way of legally accessing their medication. In 2013, the Nevada Government finally put forward legislation that allowed companies to produce and sell medical marijuana.

Nevada’s first legal, medical marijuana dispensary opened on July 31st, 2015. Silver State Relief opened its doors to the public, and medical marijuana was accessible to those in need.

How Do I Get a Medical Marijuana Card in Nevada?

To qualify for a medical marijuana card in Nevada, you must be at least 21 years old and a resident of Nevada. If you’re a minor, you will require a signature from your parent or guardian.

To apply for a medical marijuana card in Nevada, you must fill out the Nevada Medical Marijuana Registry application and submit it to the Public and Behavioral Health Division.

When the Division of Public and Behavioral Health sends you an application, you’ll need to provide proof that your doctor has diagnosed you with a chronic medical condition.

Out-of-state medical marijuana cards are accepted in Nevada.

Growing Medical Marijuana in Nevada

Approved patients may grow up to 12 marijuana plants in certain circumstances.

You’re allowed to grow marijuana if you register your address and live further than 25 miles from the nearest dispensary.

However, you may be able to get an exemption from this rule if you’re growing specific strains of marijuana that you cannot get at your local dispensary.

Recreational Marijuana in Nevada

On November 8th, 2016, marijuana was legalized for recreational purposes in Nevada. Recreational marijuana customers can purchase up to an ounce of prepared marijuana or an eighth of concentrates at one time.

You’re also allowed to gift up to an ounce of marijuana or an eighth of concentrates. Personal sales are still illegal.

You must consume marijuana on private property. If you’re caught smoking in public, you can receive a fine of up to $1000 and even a six-month jail sentence.

The rules for growing marijuana are similar to those for medical marijuana patients.

  1. You’re further than 25 miles from the nearest dispensary.
  2. Your plants are out of public view and in a secure location.
  3. You have less than six plants per person in the household (up to a maximum of 12 plants).
  4. You own the property or have permission to grow marijuana from the owner.

Note: You can’t grow marijuana if you live in the city of Las Vegas.

Violating any of these conditions can lead to fines. Your first offense will earn you a $600 fine. Penalties increase on subsequent offenses and become a felony on your fourth.

Additionally, driving under the influence of marijuana is illegal and will be treated the same as alcohol.

The penalties for driving high are severe and can include up to six months in jail, a $1000 fine, and a mandatory driving school program.

However, if you use some common sense, you shouldn’t have any trouble with the law in Nevada.

Is Delta 8 THC Legal in Nevada in 2022?

Nevada has banned delta 8 THC, making it one of many states that have legalized marijuana but put its foot down with delta 8. The laws can be confusing, so always check local laws.

It’s less potent than delta 9 THC, the cannabinoid in marijuana that causes the high but isn’t as strong. Many people say the high is mellow and calming. Delta 8 does many of the same things delta 9 does, such as increase appetite and reduce pain and nausea.

Buying Delta 8 THC

Unless Nevada changes its laws soon, you won’t be able to buy delta 8. However, it still helps to know what to look for when the time comes.

CBD and delta 8 are both unregulated cannabinoids that draw a large market. As such, many companies try to scam people by selling adulterated or low-quality products.

By applying the same rules we gave you for CBD, you can avoid the bad companies and find potent and safe delta 8.

Check out the following companies for the highest-quality delta 8 around:

Third-party tests and customer reviews are the first things to look for, but always be aware of other warning signs.

Recommended CBD Retailers in Nevada

Las Vegas


All of these shops should have knowledgeable employees who can answer all your CBD questions.

If you don’t see your city here, head into a nearby dispensary or vape shop, and they can point you in the right direction. Otherwise, save yourself time and money by shopping online.

Final Verdict: Buying CBD in Nevada

Nevada is one of the country’s best places to be for everything marijuana. Since the state implemented marijuana programs for both medicinal and recreational use, CBD has been legal and widely available in every city.

We always recommend shopping with a trustworthy online supplier; this is by far the easiest way to get your hands on high-quality CBD in Nevada.

In conclusion, the most important thing is that you do your research before handing out your hard-earned cash. Whether you decide to shop online or in-store, informed purchases are good purchases.

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