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As attitudes toward marijuana have changed, more and more people have been looking at the possible positive effects of cannabidiol, also known as CBD. CBD is one of over 100 identified cannabinoids present in marijuana. It can also be found in industrial hemp. Unlike better known THC, CBD is not intoxicating. Instead, there is some clinical and anecdotal evidence that it can help with issues that include chronic pain, insomnia, depression, anxiety and others. But, before you explore a potential remedy, it’s best to ensure that it is legal in your state. Is CBD legal in Nevada? This is the most recent information we’ve found.
Is CBD oil legal in Nevada?
Yes, most forms of CBD are legal in Nevada. Hemp-based CBD products can be purchased by people of any age, with no quantity limits. Hemp-derived CBD, however, cannot be put in products meant for human or animal consumption. This is in accordance with current FDA guidelines, which do not allow CBD oil to be used as an ingredient in food or beverages.
It is also possible for adults to buy marijuana-based CBD products from legal dispensaries throughout the state. Marijuana-based CBD products are also available to individuals with certain covered medical conditions who are participants in Nevada’s medical cannabis program.
What are the current CBD laws in Nevada?
Currently, both hemp-based CBD and marijuana-based CBD are legal and readily available in Nevada.
Nevada was one of the earlier states to examine the benefits of legalized cannabis products. The Nevada Medical Marijuana Act was passed in 1998 with 59% of the vote. Because of Nevada’s requirements for constitutional amendments, a second vote had to be held in the next election. The measure was approved again in 2000 with 65% of the vote. Medical use was legalized in the state as of June 2001.
The state made its first attempt to completely legalize marijuana in 2002. The Decriminalization of Marijuana Amendment was put on the ballot, but attracted only 39% of the vote. The question was voted on again in 2006 with the Regulation of Marijuana initiative. Under this revised statute, individuals 21 and over would be allowed to purchase up to one ounce of marijuana in regulated dispensaries. The measure was defeated, with 56% of voters voting against it.
It wasn’t until 2016 that Nevada voters were ready to fully legalize recreational marijuana in the state. The Initiative to Regulate and Tax Marijuana allows for the possession of up to one ounce of cannabis by adults over the age of 21. This includes cannabis-based CBD products. The measure passed with 54% of the vote. Legal marijuana sales began on July 1, 2017.
While Nevada was reforming marijuana laws in the state, they were also working toward legalization for industrial hemp.
In 2008 the state legislature voted to add industrial hemp to the definition of biomass in the Nevada Revised Statutes.
The 2014 federal Farm Bill allowed for states to research the cultivation of industrial hemp in pilot programs. In 2015, Nevada’s legislature voted on SB 305, which authorized institutions of higher education and the State Department of Agriculture to cultivate hemp for research purposes. The bill was signed into law by Governor Sandoval on June 4, 2015.
The federal legislature legalized hemp-based CBD through the 2018 Farm Bill. This bill recategorized industrial hemp as an agricultural commodity, but it left licensing and regulation of hemp to the states. Nevada passed Senate Bill 396, which allows licensed growers and handlers to produce and process hemp products in the state.
To qualify for a license to grow or process hemp, applicants cannot have been convicted of any drug-related felonies within the five years before their application date. Growers and processors must apply for new licenses every year. Industrial hemp grown in the state must be analyzed within 15 days of harvest. Industrial hemp must contain .3% THC or less by dry weight. If the product tests between .4% and 1% THC, the grower can choose to retest. Any hemp that tests higher than 1% THC is considered illegal marijuana and must be destroyed.
In June 2019, Governor Steve Sisolak approved SB 209, which requires the Nevada Department of Health and Human Services to create regulations for the testing and labeling of hemp products in the state. The bill also restricts the use of hemp-derived CBD in products that are intended for human consumption. Under this law, CBD products such as gummies, smoothies and baked goods are technically illegal. CBD is permitted in topical products that include lotions, elixirs and balms.
It is also illegal to make medical claims on the packaging or advertisement of hemp-based CBD products in Nevada. Outside of this requirement, there are no other labeling requirements for hemp-based products, including CBD products, in Nevada. This means that CBD products in Nevada are not required to list their origin, CBD quantities or other characteristics. Nevada does not have age limits for purchasing hemp-derived CBD products in the state. There are also no quantity limits for CBD in Nevada.
Can you purchase CBD in Nevada?
Yes, you can purchase CBD oil in Nevada. Both hemp-based and cannabis-based CBD products are legal. Adults can purchase cannabis-based CBD products at dispensaries throughout the state. Hemp-based CBD products can be purchased at boutiques, health food stores, convenience stores, head shops and specialized CBD stores.
It is also legal to buy hemp-based CBD products online and have them shipped to your location in Nevada. Many people choose to buy CBD products online to get a wider array of choices or to find better prices than those available locally.