Is CBD In Nevada Legal - 2019 Complete Guide
Nevada CBD Laws 
Today we’re going to talk about CBD oil and its legal status in the great state of Nevada. Is CBD oil legal in Nevada? Nevada has been ahead of the curve when it comes to tolerance of vices such as gambling and, um, escorts. Especially in bigger cities such as Las Vegas, Henderson, and Reno. And now, since January 1, 2017, add recreational pot to the list. Although CBD oil really can’t be considered a vice, it is associated with weed and that makes things a little complicated.
The complications come from the fact that there are two kinds of cannabis oil which are high in CBD. There’s the kind that made from marijuana, which contains THC, the compound that causes the buzz. And there’s the kind made from hemp, which contains less than 0.3% THC and doesn’t cause a buzz. Hemp and marijuana, although technically the same species of plant, are regulated by two completely different agencies in Nevada.
The short answer is that hemp-derived CBD oil is legal. And marijuana-derived oils — technically known as cannabis oil rather than CBD oil — are legal for adults only, and only in limited quantities. We’ll get into details here shortly.
Before that, let’s talk some more about the differences between hemp and marijuana so we have a better understanding of the situation. It’s not as “cut and dried” — if you’ll forgive the pun — as it seems.
Nevada CBD Laws – 2019
Industrial Hemp vs. PCR Hemp vs. Marijuana
What Conditions Does CBD Help
Where to Buy CBD In NV
Industrial Hemp vs. PCR Hemp vs. Marijuana
Things seem pretty simple on the surface, but in real life, they’re not so simple that they can be accurately conveyed in a blog post or news sound bite.
Here’s my point: According to just about every mainstream news story, CBD oil is made from a type of cannabis commonly referred to as industrial hemp. That’s actually flat out not true. Why would all the major news outlets lie to us? They’re not actually lying, they’re just repeating what they’re told. And they’re being told, let’s call them, untruths.
First of all, what is this industrial hemp they speak of? Industrial hemp, also sometimes referred to as agricultural hemp has been cultivated for its fibers and seeds since the dawn of civilization. Literally.
Industrial hemp is grown in vast fields packed pretty tightly together. The plant grows tall and spindly sometimes reaching heights upwards of 12 feet or more. Both male and female plants are grown.
In order to produce fibers, ideally, the plant is harvested as it begins to show its sex because this is the point where it stops growing taller and the fibers are at their strongest. In order to produce seeds, on the other hand, the plants are grown to full maturity. As soon as the female flowers are pollinated the plant stops putting its energy into growing and starts putting its resources into producing seeds.
(This is a good time to point out that hemp seed oil and CBD oil are not the same things. Hemp seed oil is made from, well, hemp seeds, just like sunflower oil is made from sunflower seeds. CBD oil, on the other hand, is made from the resins produced by the plant’s flower’s.)
Here’s the problem with this picture: Neither of these two scenarios above involves a plant that can be used to produce good, high-quality CBD oil. This seedy industrial crop is extremely low in CBD and other cannabinoids.
So, if CBD oil is not made from industrial hemp, then what is it made from? The answer will surprise you.
CBD oil is actually made from… wait for it… marijuana! Well, it can’t technically be called marijuana because it has had the THC bred out of it, but that’s essentially what it is — marijuana that wouldn’t get a fly high. As we said, if the THC content falls below 0.3% it’s considered hemp.
This type of cannabis is commonly referred to in the industry as PCR hemp. PCR stands for phytocannabinoid rich. Whereas industrial hemp is very low in phytocannabinoids (the kind produced in plants), PCR hemp is high, so to speak.
There’s a huge difference between the PCR hemp and industrial hemp. Not only is PCR hemp not a breed of industrial hemp, but it didn’t even exist only a few decades ago. It was produced by breeding marijuana plants to be lower and lower and lower in THC until the plant qualified as hemp.
PCR hemp looks like marijuana, it smells like marijuana, and it’s grown the same way marijuana is grown. Rather than packed together in a field, PCR hemp is grown in pots of plots with plenty of elbow room.
Sorry, to get off on this diversion, but if you’re going to determine if something is illegal it’s a good idea to fully understand the big picture.
In some states, this PCR hemp, because it’s high in cannabinoids, falls under the state’s marijuana laws. In other states — Nevada, for instance — it falls under the state’s hemp laws. However, because the process of producing CBD oil is the same as producing cannabis oil from seed to sale, it’s often grown by licensed marijuana producers and sold in marijuana dispensaries.
CBD Oil May Be Legal, But What Is It Good For?
Some of the medical conditions which are commonly treated with CBD oil include the following:
- Autoimmune Conditions
- Chronic Pain
- Crohn’s Disease
- Insomnia – Sleep Disorders
- Multiple Sclerosis
Additionally, scientific studies strongly suggest that CBD oil provides the following benefits:
So, Is CBD Oil Legal or Not In Nevada?
Let’s break this down:
PCR hemp-derived CBD oil is completely legal as long as it comes from plants that fall below the 0.3% THC level. Although you can’t buy this product in CVS or Walmart yet — we’ll explain why in a moment — there are plenty of local shops that sell CBD oil and CBD infused edibles, tinctures, pills, topicals, and so on. [UPDATE: On March 21, 2019, CVS announced plans to sell CBD in 800 stores in states where it is legal.]
Marijuana-derived oils, even those that are low in THC, are only legal for adults over the age of 21 and can only be purchased at a licensed dispensary — that is unless you’re a medical marijuana patient — and we’ll get into that in a moment as well.
The caveat to the latter point, that marijuana-derived oils are legal for adults, is that there is a limit to the state’s tolerance. Cross that line and you might be considered an unlicensed dealer and risk criminal charges. Marijuana is considered a Schedule I hallucinogenic substance — if you can believe it — under the Nevada Uniform Controlled Substances Act.
So where does the state draw the line? When it comes to concentrated cannabis, the limit is 5 grams. Get caught with more than that and you might be looking at felony charges that come with one to four years in prison and up to a $5,000 fine.
But wait, there’s more. Using products that contain THC put users at risk of failing a drug test or a roadside sobriety test which can result in the loss of your driver’s license and potential jail time.
So, yeah, if you’re an adult, you can buy marijuana-derived CBD oil at a licensed dispensary, but don’t go too nuts.
And another thing or two. Don’t go walking around in public smoking weed. Public consumption is a misdemeanor that comes with a $600 fine. Also, employers can reprimand or fire their employees for testing positive for weed. That includes medicinal use.
Earlier we mentioned the Nevada medical marijuana program. Under this program, patients as young as 10 years old are allowed to use medical marijuana with the consent and supervision of a parent or guardian. This is the only exception to the 21 and older rule that applies to recreational use.
In order to qualify for the program the patient must be suffering from one of the following medical conditions:
More conditions can be added by the Nevada Division of Public and Behavioral Health, so if you’re suffering from a condition that is not on this list you can submit a petition to have it added.
Of course, there are fees. There’s a $100 fee, to sign up, and an annual $50 renewal fee. Add on top of that the cost of a doc visit at around $150. The state of Nevada doesn’t keep a list of doctors that will recommend medical cannabis.
You can also purchase medical cannabis in Nevada with an out-of-state medical marijuana card. But if you’re 21 or older you won’t need the card.
One more thing. What about making your own CBD oil? Can you do that? Maybe! Nevada residents are allowed to grow up to 12 plants at home under the stipulation that they don’t live within 25 miles of a dispensary. Although the process of turning cannabis flowers into cannabis oil can be daunting, it is doable, and it is perfectly legal. That being said, most people who try it go back to buying the stuff in the bottles.
Cannabis Oil vs. CBD Oil — Which Is Right For You?
So, if you’re 21 or older, you have your choice of marijuana-derived cannabis oils, some of which are high in CBD, or hemp-derived CBD oil, which contains negligible amounts of THC. Which one should you choose?
Research into the effects of cannabinoids such as CBD and THC has shown that not only do the two cannabinoids work differently from each other, but they also work differently together in various ratios. Cannabis oils can be as high as 25% or higher in THC with little to no CBD. They can also have a CBD to THC ratio of 20 to 1 or higher — which is considered low-THC cannabis oil.
What this means for medical patients is that the THC kind of cannabis oil might prove better at controlling your symptoms. But then again it might not. Some people get along perfectly fine with the THC-free oils. You have to experiment to get the ideal formula.
And what this means for those who use marijuana-derived oils for recreational purposes is that the level of effects such as couch-lock or the munchies depends on how much CBD is in the formula. Furthermore, the more CBD in the mix, the less of a head high comes with the experience as CBD seems to reduce the effects of THC to some extent.
Beyond that, if you don’t want to be stoned all day, or at all, or you don’t want to fail a drug test or get busted for DWI, it’s probably a wise idea to stick with hemp-derived CBD oil.
Where To Buy CBD Oil in Las Vegas
Wrapping this up, let’s go over where you can get your hands on some CBD oil of your own.
First, if you’re 21 or over, you can buy hemp CBD oil at your local head shop or vape shop and at some health food stores. Shops are also popping up that specialize in CBD products. You can also order online and have it shipped to your home. And if you’re looking for cannabis oil with THC you can walk into any state-licensed shop and find a wide variety of products containing CBD.
If you’re under 21 and you’re not on the state’s medical marijuana program you’re pretty much limited to hemp CBD. And, be aware, if you’re under 18, some shops and websites might refuse service.
Hemp CBD shops can be found throughout the state especially in the bigger cities such as Las Vegas, Henderson, and Reno.
Got pets? You can also find CBD products made especially for your furry friends. It’s a little harder to find in local shops, but there are plenty of places online that sell pet CBD.
Where to Buy CBD Online
Another way to get your hands on some hemp-derived CBD products is to purchase them online. It’s fast. It’s easy. And you can have them delivered right to your doorstep, saving yourself a trip.