Is CBD Oil Legal in Nevada?


Is CBD Oil Legal in Nevada?

Yes. CBD oil is legal in Nevada. The Nevada Hemp Program in 2019 allows businesses to cultivate and process hemp containing no more than 0.3% THC into different hemp products, including CBD oil. Under the state hemp program, there is no age or possession limit for CBD oil. According to the Nevada Division of Public and Behavioral Health (DBPH), residents can purchase CBD products for human consumption from approved dispensaries. CBD oil derived from marijuana containing more than 0.3% THC is also legal under the Nevada Medical Marijuana Law. Individuals who wish to access cannabis-based CBD oil through a licensed medical dispensary must have a Nevada Medical Marijuana Card. To obtain marijuana-derived CBD oil without a prescription, a person must be at least 21, as required by NRS Chapter 678D.

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What are Nevada CBD Laws in 2024?

In Nevada, hemp-derived CBD and marijuana-derived CBD products are legal with varying restrictions. Per NRS Chapter 557, registered entities can cultivate and process hemp into CBD products. CBD products processed from hemp plants must not contain above 0.3% THC. The Nevada Department of Agriculture (NDA) is tasked by law to provide licenses and regulations for hemp growers, handlers, and producers in the state. The Nevada hemp program also allows residents to purchase any amount of hemp-derived CBD products from approved dispensaries. Also, NRS Chapter 678C permits approved patients with debilitating conditions access to marijuana-derived CBD according to their physician’s prescription. Approved patients or caregivers can cultivate up to 12 cannabis plants intended for CBD if there is no licensed dispensary within 25 miles of their residences.

Per NRS 678D.200, Nevada adults 21 years and over without medical marijuana cards can have access to marijuana-derived CBD products. Growing marijuana at home is also legal for adults, provided there are no retail cannabis stores within 25 miles. According to NRS 678D.300, it is illegal to use marijuana-based CBD products in public or while operating a vehicle. However, the approval of Assembly Bill 341 in 2021 allows adults aged 21 and above to use marijuana CBD in consumption lounges.

What are Nevada CBD Possession Limits?

In Nevada, hemp-derived CBD products must contain no more than 0.3% of THC. Nevada residents can purchase any amount of hemp-based CBD at approved dispensaries. On the other hand, CBD obtained from marijuana, which contains higher amounts of THC, is available only to DPBH-approved patients and adults above 21 years. While patients and designated caregivers can purchase marijuana-based CBD according to the doctor’s prescription, adults can only have access to 1 ounce of marijuana. Adults aged 21 or older can purchase up to a one-eighth ounce (3.5 grams) of cannabis concentrates containing up to 90-99% THC.

Can Doctors Prescribe CBD Oil in Nevada?

Yes, doctors can prescribe cannabis derivatives like CBD oil for medical patients in Nevada. The Nevada medical marijuana program allows physicians to recommend marijuana-based CBD oil for patients with the following debilitating conditions:

  • Cancer
  • PTSD (Post-Traumatic Stress Disorder)
  • AIDS
  • Autism
  • Neuropathic pain
  • Glaucoma
  • Persistent muscle spasms (those caused by multiple sclerosis)
  • Cachexia
  • Seizures
  • Severe nausea
  • Severe pain
  • Other debilitating conditions for which the patients’ physicians believe marijuana CBD oil would be necessary

Doctors who recommend CBD oil for medical patients must have active licenses from the Nevada Division of Public and Behavioral Health.

How Old Do You Have to Be to Buy CBD in Nevada?

You have to be over the age of 18 to buy CBD in Nevada. This restriction is in place in order to make CBD, and THC, inaccessible to minors. Therefore, Nevada smoke shops and dispensaries may ask for your ID when attempting to buy CBD from them.

What are the Licensing Requirements for CBD in Nevada?

Hemp growers and handlers who process hemp into CBD products must register with the Nevada Department of Agriculture (NDA). On the other hand, business entities and individuals interested in producing and selling marijuana-based CBD products must obtain licenses from the Nevada Cannabis Compliance Board (CCB).

Licensing requirements for hemp-derived CBD products in Nevada

Interested hemp growers, handlers, and producers can register with the NDA by completing any of the 2023 Hemp Applications. Each applicant must provide current information on the operating location, approval from local jurisdiction, and the landowner’s approval. Applicants convicted of a drug-related felony crime within the last decade are not eligible for hemp cultivation or handling certificate. Once completed, eligible persons can send application forms via email or mail to:

Nevada Department of Agriculture

Attn: Hemp Program

405 S. 21st Street

Sparks, NV 89431

After submission, the NDA will review, approve, and request payments according to the applicant’s information.

Licensing requirements for marijuana-derived CBD products in Nevada

The Cannabis Compliance Board provides licenses for marijuana cultivation facilities, distributors, retail stores, testing facilities, and product manufacturing facilities. Interested parties must

  • Comply with the CCB rules and regulations
  • Not have prior convictions related to drug violations
  • Provide operational facilities located at least 300 ft. from religious institutions and 1,000 feet from schools or playgrounds
  • Pay relevant fees as required under NRS 678B.390

In Nevada, all CBD products must be in child-resistant packages according to CCB Regulation 12. The package must be opaque, while the labeling must have legible wordings and be free from cartoon characters and toy images. All CBD products must not exceed 800 milligrams of THC per package.

Where to Buy CBD in Nevada?

CBD oil and other CBD products are available in licensed dispensaries in Nevada. Most of these dispensaries maintain online stores where consumers can order different CBD products. Individuals without prescriptions can purchase marijuana-based CBD products in CCB-licensed retail stores. Some Nevada counties, including Elko, Churchill, Pershing, Lincoln, Douglas, and Eureka prohibit marijuana dispensaries. However, individual cities and tribes within these counties can enter tribal partnerships with other Nevada communities where marijuana dispensaries are legal.

What is CBD Oil?

CBD oil is the product of mixing CBD extract with a carrier oil. After extraction from cannabis plant, CBD extract comes out as a thick paste. To improve its presentation and shelf-life, manufacturers often dissolve this paste in a carrier oil such as coconut oil or hemp seed oil.

CBD (cannabidiol) is a chemical compound found in the Cannabis sativa plant. CBD derived from hemp contains trace amounts (typically less than 0.3%) of the psychoactive cannabinoid known as THC (tetrahydrocannabinol). Meanwhile, CBD derived from marijuana contains higher amounts of THC and can produce intoxicating effects. According to a research report, CBD can help treat insomnia, pain, anxiety, and heart health. Other benefits of CBD still under study include the treatment of diabetes, schizophrenia, multiple sclerosis, and Parkinson's disease. According to the Food and Drug Administration (FDA), using CBD products may also have some side effects, such as reduced appetite, weariness, dry mouth, and diarrhea.

CBD exists in several forms in Nevada, including:

  • CBD oil: Being the most common CBD derivative, CBD oil often contains high concentrations of CBD. Consumers can use CBD oil orally by placing a drop under the tongue. Users also add CBD oil to vape cartridges or electronic cigarettes for inhaling. Each method of consumption has different effects on users
  • CBD capsules: Consumers who may not enjoy the smell or taste of raw CBD extracts can consume CBD capsules orally. Some CBD capsules may come in the form of tablets and pills laced with additional vitamins and nutrients to boost the health benefits
  • CBD edibles or gummies: This includes chocolates, cakes, beverages, and other food items infused with CBD
  • CBD topicals: CBD topicals include creams, lotions, balms, and other products that can be applied directly to the skin. They are often used to relieve pain and inflammation in some parts of the body

The Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) permits hemp cultivation and production of some hemp derivatives, including CBD, in the U.S. Several states, including Nevada, have adopted the 2018 Farm Bill. However, the FDA warns that CBD products are only legal in the US if it is not marketed as dietary supplements. Currently, the FDA has approved a CBD product (Epidiolex) for treating epilepsy. In Nevada, several types of CBD products are legal with different restrictions, depending on the source of the CBD and the consumer’s age.

What Does CBD Do?

CBD is known for its neurological properties including a number of neuroprotective effects that makes it useful in the treatment of epileptic seizures. Studies also indicate CBD may be helpful in the management of certain mental health disorders such as anxiety and depression. Users report the effectiveness of CBD for managing chronic pain and inflammation as well as for treating insomnia. Early results support anecdotal claims that CBD may also be effective for lowering blood pressure and improving appetite.

Does CBD Show Up on Nevada Drug Test?

While there are no drug tests for detecting the presence of CBD in the body, it is quite possible to fail a cannabis drug test intended for detecting THC levels while taking CBD products. This is because most CBD products have some THC content. Typically, these are low-THC products, but some dubious manufacturers include more THC in their CBD products than the amounts disclosed on the product labels. It is also possible for long-term users of full-spectrum CBD products to accumulate detectable levels of THC metabolites.

CBD users can avoid failing cannabis drug tests by switching to products with 0% THC content. If looking forward to a scheduled test, consider stopping CBD products at least 2 weeks before the test. This is enough time for the body to eliminate all THC metabolites.

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