Is CBD Legal in Nevada?

by Kat Austin December 08, 2020 6 min read

Is CBD Legal in Nevada? - VO Inc

A map showing Nevada and surrounding states

Nevada is known for its progressive stance on cannabis, and the state declared cannabis legal for adult use in 2016.

Under these laws, CBD was legal and accessible, though it may be subject to various possession limits. After the federal updates to the Farm Bill in 2018, Nevada has adopted a new stance on hemp products.

Is CBD legal in Nevada? And if so, where can you buy it besides the dispensary?

Luckily, Nevada CBD laws are pretty relaxed, and you may be able to access CBD at many of your local stores.

Here’s what you need to know before you buy:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Nevada?
Is full spectrum CBD legal in Nevada?
Does Nevada have a CBD possession limit?
Can doctors prescribe CBD in Nevada?
Where to buy CBD in Nevada?
How old do you have to be to buy CBD in Nevada?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • CBD is legal in Nevada, but the state has certain testing and labeling requirements for CBD products intended for consumption.
  • There is no minimum age for buying CBD in the state, but individual vendors may set age limits.
  • Doctors may recommend CBD in Nevada, but you can access hemp products without a prescription.
  • CBD is accessible all over Nevada, but you should ensure quality before you buy. Certain practices, like buying CBD online so that you can properly vet your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

CBD oils, like these, are widely available in Nevada.

What are the CBD laws in Nevada?

Nevada has a history of cannabis progressivism, and marijuana was legalized for adult use in 2016. The state has allowed the manufacture and sale of cannabis-derived CBD products, but these are subject to the regulations laid out for cannabis products. They may also be subject to strict possession limits and various taxes.

In 2019, Governor Steve Sisolack passed SB 209, a bill that gave the state’s Department of Health and Human Services authority over hemp-derived products, testing, and labeling requirements.

The bill also prohibits CBD products designed for human consumption from being sold unless they meet various requirements laid out by the Department of Health and Human Services. State requirements include particular labeling standards, independent lab testing, and that no health claims are made regarding the product. These testing and manufacturing requirements match those in other strict states, like Utah or Colorado.

Shortly after this bill was passed, the Nevada Department of Agriculture held a presentation to depict these changes. They state that “selling CBD oil that has not been combined with other food appears to be acceptable,” assuming the product does not make any therapeutic claims.

Currently, the state’s stance on CBD food products seems unclear, but all regulations seem to target manufacturers. In the state, there are no regulations regarding possession or use of hemp-derived CBD products that contain less than 0.3% THC.

Is full spectrum CBD legal in Nevada?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.

Luckily, Nevada has no laws restricting full spectrum CBD products that contain 0.3% THC or less. Products containing more than 0.3% THC are also legal in Nevada for adult use, but they are considered cannabis products and are subject to different rules.

Does Nevada have a CBD possession limit?

Nevada does not define any possession limits for CBD products derived from industrial hemp that meet state requirements. Other CBD products that are derived from cannabis are subject to tighter possession limits.

Can doctors prescribe CBD in Nevada?

In Nevada, CBD can be accessed without a prescription. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Nevada?

A dropper filled with CBD oil, a popular form of CBD that is legal in Nevada.

Nevada laws make CBD accessible across the state, and there are various manufacturers and vendors. You may find CBD at your local grocery market or convenience stores. \

The state imposes some regulations to help ensure safety and protect consumers, but most regulations are focused on THC content and not overall quality. In order to ensure quality, you should check out the brand and product testing yourself.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in Nevada?

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Nevada, there are no laws that restrict the age for buying CBD products. It’s possible that these laws vary by jurisdiction, but typically the minimum age is declared by the vendor. Many shops require that consumers be at least 21 to purchase CBD, which is in line with the legal age for most smoke shops and tobacco products.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Nevada.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Nevada, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “SB 209” https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6353/Overview
  3. “2019 Season and 2018 Farm Bill Updates” http://agri.nv.gov/uploadedFiles/agrinvgov/Content/Plant/Seed_Certification/Industrial_Hemp/INDUSTRIAL%20HEMP%20overview-Farm%20bill%20update%20CERT%20HOLDERS%20Website.pdf

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