FACT BRIEF

Is synthetic marijuana currently illegal in Nevada?

Wednesday, February 22, 2023

By Todd Butterworth

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YES

In 2021, Nevada banned the "production, distribution, sale or offer for sale of synthetic cannabinoids." As of Feb. 15, 2023, synthetic cannabinoids remain illegal in the state.

Delta-9 THC, the psychoactive component of marijuana, is illegal at the federal level. Hemp and hemp-derived products with 0.3% or less of Delta-9 THC were legalized by the 2018 farm bill.

The popular synthetic cannabinoid Delta-8-THC is made by chemically treating hemp. However, because it naturally occurs in very small quantities in hemp, it falls under the definition of "hemp-derived products." This allows companies registered in states where synthetic cannabinoids are legal to sell the substances online, which Nevada lawmakers have remarked makes the state ban difficult to enforce.

The DEA recently clarified that "THCO" cannabinoids, which do not naturally occur in hemp, are illegal, but Delta-8-THC remains federally legal for now.

Numerous states have banned the substance over concerns about its potential adverse effects, manufacturing process, and spotty regulation.

This fact brief is responsive to conversations such as this one.

Sources

Nevada Legislature Nevada cannabis law

Reuters Controlling cannabis and the classification of Delta-8 THC

POLITICO DEA says THCO is a controlled substance (but Delta-8 isn't)

HuffPost What Is Delta-8 THC And Why Are States Banning It?

GreenState Where is Delta-8 legal in the US? Where is it banned?

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