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CBD Oil in Nevada: What Their Laws Say

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

CBD Oil

CBD Gummies

CBD Cream

CBD Capsules

A Guide to CBD Oil in Nevada

  • The Nevada Department of Agriculture is the overarching authority on CBD and hemp products sold in the state.
  • You can buy CBD in most retail locations, but dispensaries have the most highly regulated products in the state.
  • Consumers will find that the most convenient way to get dependable CBD in Nevada is through purchasing online.
  • Hemp is classified as containing 0.3 percent THC or less.
  • CBD in food products is regulated locally.

Is CBD Oil Legal in Nevada?

Nevada is one of those states where you would imagine just about everything to be legal, particularly in Las Vegas. But CBD’s legality has been a matter of question all over the country, and Nevada is no exception.

As recently as November 2019, the Las Vegas Convention Center asserted their authority to prevent a CBD industry convention from having CBD at their own event. It seems that some elements of CBD trade are regulated at a local level, while the state of Nevada points most questions to the U.S. Food and Drug Administration’s website.

The Silver State appears to be in the same situation as most other states when it comes to regulating CBD. Even though legislators have a handle on the state’s recreational marijuana programs, they are looking for federal guidance on CBD.

That guidance is not likely to come anytime soon, however, because the FDA itself is waiting for more research to come in before it makes any more official statements regarding CBD. Meanwhile, states that have laws against CBD or requiring a doctor’s recommendation are mostly turning a blind eye to the exploding retail market.

Are There CBD Laws in Nevada?

In Nevada, marijuana dispensaries can legally sell both marijuana and hemp-derived CBD products. These products are heavily monitored for quality and purity, and they even include food items infused with CBD.

Outside of dispensaries, consumers can generally find CBD products at retail locations, grocery stores and specialty shops. These retail products are regulated locally, and county authorities have the option to oversee this market in whatever way they see fit. Is this confusing? Yes. Is it safe to buy your CBD products anywhere in Nevada? Also yes. The enforcement of CBD on any local level is focused on the seller, not on possession or purchase.

CBD in Nevada: Understanding Different Types of CBD Products

CBD Oil

When you are getting CBD for the first time, CBD oils are usually what you end up trying because they are the most common type of CBD. Oils are versatile, as you can take them straight or add them to food, and they come in lots of different flavors and doses. Penguin’s oils are perfect for everyone, whether you are a novice and want to start with a lower dose, or an expert looking for something a little stronger.

CBD Oil

Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

CBD Capsules

Penguin’s CBD capsules are also excellent, whether you are just getting started or have been taking CBD for a long time. Our CBD is pure and simple, and our capsules travel well. You can just toss them in your bag and go, and the dose is premeasured so you don’t have to think about it. Simply get your CBD in and move on with your day.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

CBD Gummies

Penguin’s CBD gummies are something to savor. Just like with our capsules, you can take these anywhere. They are a discreet way of getting your CBD in when you are experiencing that afternoon hangry slump and need a snack, and they are perfect for a before-bed wind-down. Our cheerful CBD gummies will put a smile on your face the moment you open the jar.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

CBD Cream

CBD cream can be a great way to add some soothing attention to your skincare routine, because it allows you to focus on just one spot at a time. Rub our CBD cream on and be transported with the scent of lavender and peppermint. It’s designed to seal in moisture and soften your skin for a radiant glow that lasts all day.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Industrial Hemp in Nevada

Nevada is currently operating its hemp-growing plan under a pilot program. The program was federally initiated for states to conduct research regarding the market for hemp produced both as a commodity and as a consumable.

Hemp as a commodity makes use of the stalks for fibers, textiles and paper products. It can be used to make a diverse array of products, including building materials and biofuels. The hemp flower is where all the CBD is located, and this is the most popular purpose for cultivation, considering it garners the highest crop prices.

The University of Nevada has been working with growers to define best growing practices in an effort to ensure successful commercial crops. Nevada legislators have put together a comprehensive set of regulations meant to support the legal growing and processing of hemp, making the most of a new industry.

In 2019, more than 200 hemp growers were registered to grow hemp in Nevada, and that number will likely double for the 2020 growing season. Nevada’s extra-long growing season means that hemp could be one of the most profitable crops the state has seen outside of marijuana.

Can I Purchase CBD Online in Nevada?

Purchasing CBD

You can buy CBD wherever you go in Nevada, from the gas station to the pet store. On a daily basis, Nevada’s retailers are bombarded with shipments from CBD companies wanting them to carry their products, but they are not all reputable.

When considering which products to buy, you need to do your research. You are more likely to find products that you can confirm have a high level of quality when you do your shopping online. You can find plenty of brands that have a good reputation, and the products will be delivered right to your door.

CBD Oil in Nevada

The problem with buying CBD from just any store you walk into in Nevada is that there are many companies taking advantage of consumers. Retailers are not necessarily researching the brands they decide to carry, which means consumers can end up with products that are ineffective or dangerous.

This is why you should do your homework. Look for information about your product’s reputation. At the very least, the company you are considering should display a certificate of analysis confirming that your products are labeled accurately.

Penguin

You can always count on Penguin to offer the best products on the market. We know how important it is for your CBD choices to be safe and dependable, and our team works hard to guarantee that for everything you find on our website.

We take pride in our company’s transparency and the level of quality we bring to the table. Our mission is to make our CBD affordable and accessible to everyone, and our customers are our top priority.

Final Thoughts About CBD in Nevada

Nevada’s CBD laws are a bit of a patchwork right now: There are some overarching regulations, but local governments are permitted to create their own guidelines and enforcement regarding CBD.

You can find CBD everywhere in the Silver State. In some counties, you can even go to your local cafe and order a CBD latte with an extra whip. Yet you cannot have CBD at your local CBD convention in Las Vegas.

Even if you can get CBD when you are paying to fill up your gas tank, you may want to think twice, because consumer protections are sparse. If you are set on buying CBD at a physical location, it is best to buy it at a dispensary where the staff is knowledgeable and regulators closely monitor the quality of products sold.

To save yourself the headache, or to simply learn about what to look for in a quality CBD product, check out our website . There, you can find the kind of transparency that you should expect from every CBD company.

Before you decide to buy CBD oil in Nevada, here's a comprehensive guide to everything you need to know.

Is CBD oil legal in Nevada?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Nevada CBD laws
  4. Where to buy CBD in Nevada
  5. How to read CBD labels and packaging

Yes, most forms of cannabis are legal in Nevada, including hemp-derived cannabidiol (CBD) may be manufactured and sold if it complies with federal law that defines hemp, and with state law governing licensing and production.

Nevada legalized medical marijuana in 2000 with the Nevada Medical Marijuana Act, and in 2016 voters passed the Initiative to Regulate and Tax Marijuana, or Question 2, ushering in the era of legal adult-use marijuana.

In June 2019, Democratic Gov. Steve Sisolak approved SB 209, which requires the Nevada Department of Health and Human Services (DHHS) to develop and impose regulations on testing and labeling hemp products. The bill also restricts products containing hemp-derived CBD intended for human consumption unless they comply with the protocols and procedures regarding testing and labeling.

CBD oil is legal in Nevada if it doesn’t cross into questionable territory. A recent presentation by the Nevada Department of Agriculture (NDA) stated “selling CBD oil that has not been combined with other food appears to be acceptable” as long as there are no medical claims associated with the product.

What is CBD?

CBD is the second-most-prominent cannabinoid found in the cannabis plant after THC. Unlike THC, CBD is non-intoxicating and produces no high. The cannabinoid also shows potential as a therapeutic treatment, thanks to its anti-inflammatory, analgesic, anti-anxiety, and seizure suppressing properties.

Why is CBD sometimes illegal?

Even though industrial hemp doesn’t produce enough THC to intoxicate consumers, all varieties of cannabis, including hemp, were swept into the category of Schedule 1 narcotics by the 1970 Federal Controlled Substances Act. The law defined cannabis as a substance with no accepted medical use, a likelihood for addiction, and a high potential for abuse.

Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps

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In 2018, Congress passed the Farm Bill and legalized hemp cultivation, creating a pathway to remove cannabis from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than 0.3%.

Hemp-derived CBD was thus removed from its Schedule 1 designation, but CBD derived from the federally illegal marijuana plant is still considered federally illegal, too. Hemp is considered an agricultural commodity, but must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.

The Farm Bill also endowed the Food and Drug Administration (FDA) with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement.

As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice, and makes no exception for CBD.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.

Nevada CBD laws

Nevada is developing regulations to comply with the 2018 Farm Bill. As the state works on new regulations to submit to the USDA, the industrial hemp program in Nevada will be “business as usual,” according to the agriculture department, with the state continuing to enforce current regulations and process registration for growers and handlers.

Licensing requirements for CBD

Licensing for hemp growers, producers, and handlers is managed by the NDA. Growers cannot be convicted of a drug-related felony within five years of the application date. If a grower meets all of the necessary application requirements, they are issued a license, which remains valid through the calendar year ending December 31. Once approved, growers must submit to a preliminary inspection of the site where hemp is being grown in the area specified in the application and a compliance inspection to analyze the crop for THC concentration within 15 days of harvest.

The current application fee for growers is a nonrefundable $500 plus $5 per acre for outdoor operations, or $0.33 per 1,000 square feet of indoor operations. Payments are required when the NDA approves the application.

New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)

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Testing requirements

All industrial hemp must be tested to ensure THC content is less than 0.3%. If the crop tests between 0.4% and 1% THC, the grower has the option to retest. Anything that tests higher than 1% THC is considered marijuana. Invoices for all testing costs are sent from the state to the grower, including time for inspection, mileage and sample analysis. Following testing and any applicable retesting, crops found to contain a THC concentration greater than 0.3% will be considered illegal marijuana and will be destroyed by the state.

Labeling requirements

Although the state has established labeling requirements for marijuana products, there are no established requirements for hemp-derived products, including CBD oil. According to the FDA, CBD oil may not be used as an ingredient in food, beverages, or dietary supplements. Labels also may not make any nutritional or therapeutic claims.

Nevada CBD possession limits

Currently, there are no clear possession limits for CBD oil or other hemp-derived CBD products.

Where to buy CBD in Nevada

CBD oil and other hemp-derived CBD products are available in a variety of retail stores and online, as well as through delivery services. The manufacturing and sale of CBD remain largely unregulated, so it’s important to research manufacturers and sellers to ensure the CBD products are from a reputable source.

How to read CBD labels and packaging

Because CBD legality is still a gray area, there are no clear regulations around the production, sale, and labeling of CBD products, including CBD oil. However, most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight or volume.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code.

Is CBD oil legal in Nevada? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Nevada CBD laws Where to buy