Nevada Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Nevada. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALNevada permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the Nevada Hemp Program (Nev. Rev. Stat. § 557.010 et seq.). The state regulates hemp production, sale, and possession consistent with federal law.
Possession
Individuals may possess hemp-derived CBD products legally if THC content is below 0.3%.
Sale
Sale is legal if products comply with Nevada Department of Agriculture testing and labeling requirements.
Penalties
N/A
Age Restriction
None
Delta-8 THC
LEGALNevada allows hemp-derived Delta-8 THC products under the Nevada Hemp Program, provided the Delta-9 THC content is below 0.3%. The Nevada Department of Agriculture regulates hemp products, and Delta-8 is legal if compliant with state hemp laws.
Possession
Legal to possess hemp-derived Delta-8 products with less than 0.3% Delta-9 THC.
Retail Sale
Legal to sell hemp-derived Delta-8 products; must comply with hemp program regulations.
Penalties
N/A
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Nevada under the 2018 Farm Bill. Nevada law has banned the sale of delta-8 THC and is in the process of regulating other intoxicating hemp products.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in Nevada and is not classified as a controlled substance under Nevada Revised Statutes Chapter 453. There are no state laws restricting possession or sale.
Possession
Legal to possess without restriction.
Sale
Legal to sell and purchase without restriction.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
UNVERIFIEDLegal status of Psilocybin / Magic Mushrooms in Nevada has not yet been verified. In December 2024, a government task force recommended the creation of a state-regulated psychedelics program and reduced penalties for possession.
Possession
Unverified
Distribution
Unverified
Penalties
Unverified
Age Restriction
Unverified
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Nevada. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 1 oz of flower or 3.5 grams of concentrate. Home cultivation of up to 6 plants per person (12 per household) is allowed only if you live more than 25 miles from a dispensary.
Retail Purchase
Legal through licensed dispensaries and delivery services. Las Vegas has a well-established retail market. Consumption lounges are permitted.
Penalties
Possessing over 1 oz is a misdemeanor (up to $600 fine). Over 50 lbs is trafficking (felony). Public consumption is a $600 fine.
Age Restriction
21+
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in Nevada and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in Nevada. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in Nevada. No special licensing required.
Penalties
N/A
Age Restriction
None