2021 Update
CBD is legal in the state as long as the product contains less than 0.3%THC. Customers can buy hemp-derived CBD products over the counter across the state.
Recreational cannabis is legal in Nevada. Adults 21 and over may possess up to one ounce of marijuana or 1/8 ounce of cannabis concentrate.
Original Post
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Nevada Hemp Laws and the legality of CBD in Nevada, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Nevada
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Nevada?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
The Nevada Department of Agriculture oversees Nevada hemp laws, but other state and regional agencies regulate the sale of CBD products. Nevada has very comprehensive hemp laws and the state has restrictions on the types of CBD products that can be sold and who and where they can be sold to the public.
In general, it seems that CBD products are only legal to purchase from the state's recreational marijuana dispensaries. However, the state does not allow products marketed as CBD to be derived from marijuana- they must still come from hemp!
All CBD products manufactured, distributed, and bought/sold in Nevada must have total THC less than 0.3% (decarboxylated THCA + delta-9-THC).
Is It Legal to Ship PCR Hemp Oil to Nevada?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Nevada?
While CBD in Nevada may be available outside of dispensaries, those are the only legal place to buy CBD and hemp products according to Nevada hemp laws.
Do you need a special license to purchase PCR Hemp Oil in Nevada?
You don’t need a special license to purchase CBD hemp oil (all types) in Nevada, only to grow, test, or sell products.
How Does Nevada Legally Define Hemp?
“Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight basis.
Nevada Senate Bill No. 305
Growing and Selling Hemp in Nevada
Nevada hemp growers and handlers must be registered and licensed with the state. Nevada hemp laws include U.S. Farm Bill, Section 7606, Nevada Senate Bill 305, and Senate Bill 396.
Hemp and CBD products must [comply (link state regs)] with Nevada hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- Growers need to use approved hemp strains from a licensed Nevada nursery; or
- Out of state seed and clone producers must be registered with the state of Nevada
In addition to Nevada state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Nevada State Hemp Laws for CBD
'Cannabidiol In Food Products (CBD)' by Nevada Division of Public and Behavioral Health explains what industrial hemp-derived cannabidiol (CBD) are allowe in a food, beverage, dietary supplement product manufactured or sold in Nevada.
Acceptable CBD Products in Nevada
CBD from Industrial Hemp, including:
- Hulled Hemp Seeds
- Hemp Seed Protein Powder
- Hemp Seed Oil
These products are Generally Recognized as Safe (GRAS) and can be legally marketed in human foods without food additive approval. These products must comply with all other requirements and not make disease treatment claims.
- CBD from an approved dispensary, including CBD which is used as an ingredient in an edible marijuana product or as a concentrate sold from an approved (marijuana) dispensary.
Prohibited CBD Products in Nevada
CBD products derived from cannabis (marijuana), including:
- Industrial hemp seed oil that has been enhanced with CBD or other cannabinoids
- Industrial hemp oil that is NOT derived from industrial hemp seeds
Nevada hemp laws also prohibit Cannabis sativa L., including CBD products derived from Cannabis sativia L. with more than 0.3 percent on a dry weight basis of the psychoactive compound THC (this is considered to be marijuana).
No form of CBD is legal to add to food or beverage under federal guidances from the FDA and under Nevada hemp laws.
