Nevada’s Consumer Health Data Law Meets Hemp Retail: What Counts as ‘Health Data’ in 2025

Introduction

Nevada SB 370 Consumer Health Data Hemp Retail

The intersection of cannabis regulation and data privacy is front and center as Nevada’s SB 370 entered into force on March 31, 2024, laying the groundwork for sweeping changes in how hemp and CBD retailers handle consumer information. For 2025, understanding the boundaries of “consumer health data” is essential for compliance, particularly as the law’s broad scope is likely to affect not only medical dispensaries but also wellness shops and online CBD businesses.

As the first wave of Attorney General enforcement actions is expected between late 2025 and 2026, businesses operating in Nevada’s hemp segment must act now—or risk significant legal and reputational consequences.

What Is Nevada SB 370? – A Compliance Overview

Nevada’s SB 370, also known as the Consumer Health Data Privacy Law, is modeled after landmark state privacy statutes and establishes some of the most demanding requirements for any business that collects or processes consumer health data. This includes even non-medical retailers who transact in hemp-derived CBD, topicals, or other wellness-adjacent products.

Key Provisions for Hemp/CBD Retailers

• Website privacy notices must specifically address the collection and processing of "consumer health data."
• Express (opt-in) consent is now required prior to collecting, sharing, or selling covered data.
• Sale of covered data is restricted and demands written authorization.
• Security controls and data minimization duties are explicitly required.
• Purpose limitation: Data can only be used as disclosed in the privacy notice.
• Stringent geofencing prohibitions near health facilities or for location-based profiling.

Defining “Consumer Health Data” in 2025

The definition within Nevada SB 370 sweeps broadly, capturing any information that identifies or is reasonably linkable to a consumer’s past, present, or future health status. That applies not only to traditional medical data but increasingly to consumer behaviors and in-store profiles at wellness and hemp retailers.

Practical Examples for Hemp/CBD Retailers

• CBD purchase histories (e.g., recurring orders for anxiety or sleep issues)
• Online symptom or wellness intake forms completed during consultations
• In-store logs about health goals or discussed conditions
• Third-party ad pixel or analytics data inferring wellness characteristics

Note: Geolocation, if used for targeting consumers based on visits to health-focused stores or dispensaries, may also fall under this law’s scope, triggering the geofencing restrictions.

For a complete statutory text, visit the Nevada Legislature’s SB 370 PDF.

Privacy Notice & Consent: What Does Compliance Demand?

Privacy Notice Requirements

Hemp and CBD retailers must now update their consumer-facing privacy notices to explicitly declare:

• What consumer health data is collected (examples, not just categories)
• Why it is collected (purposes)
• How it is used/stored
• With whom it is shared or sold
• The consumer’s rights (access, deletion, withdrawal of consent)

Notices must be:

• Clear and conspicuous
• Placed before or at the point of data collection (website banners, forms, or printed notices in-store)

Express (Opt-In) Consent

Prior to collecting or selling any defined health data:

• Obtain a specific, informed, and voluntary opt-in from the consumer
• Written authorization is mandatory before sale of any health data

This particularly impacts online stores using customer profiles, prefilled wellness survey forms, or systems that sync customer shopping behavior with external marketing tools. Confirm that all pop-ups or consent mechanisms are unambiguous and logged for audit purposes.

For an up-to-date compliance checklist, visit Nevada Health Data Privacy Rights (2025).

Enforcement Trends and AG Priorities for 2025–2026

The Nevada Attorney General's Office has signaled, in recent legal forums, that privacy and consumer health data enforcement will be a key priority in 2025 and beyond. Key enforcement triggers:

• Non-compliant privacy notices or missing opt-in consent
• Unlawful sale of health data (even one-off sales are covered)
• Poor vendor management (adtech/analytics sharing without proper contracts)
• Data mapping failures leading to inadvertent exposures

Similar states (like Washington) have already pursued cases for technical failures such as misconfigured pixels or tokens leaking health or wellness inferences to third parties. Businesses should expect privacy laws to evolve regionally—with copycat laws anticipated in Arizona, California, and other western states by late 2025.

Violators can face fines, government-ordered corrective steps, and reputational fallout.

For recent AG enforcement insights, see State AGs and Consumer Protection: What We Learned From Nevada.

Risk Hotspots for Hemp and CBD Retailers

1. Adtech and Marketing Pixels

Retailers leveraging online ad platforms, Customer Data Platforms (CDPs), or analytics tools must map all data flows:

• Confirm no health or wellness identifiers leak to third parties without consent
• Update Data Processing Agreements (DPAs) with vendors

2. Loyalty Programs and Wellness Profiles

If your program infers or builds consumer profiles around health conditions, you must:

• Classify and protect all resulting data as consumer health data
• Exclude from remarketing unless opt-in consent is documented

3. In-Person Intake/Consults

Physical CBD stores gathering customer health goals, discussed symptoms, or conditions for product recommendations must:

• Disclose and seek consent at the point of data entry—digital or paper

4. Sale or Disclosure of Customer Lists

Written authorization is required before any customer health information is sold or shared with third parties—including affiliate marketers or researchers.

Action Steps: Building a 2025-Ready Compliance Program

Immediate Steps for Hemp and CBD Retailers:

1. Data Mapping: Identify all consumer health data your business collects, directly or indirectly.
2. Privacy Notice Update: Refresh your consumer privacy policy to align with SB 370’s requirements.
3. Opt-In Consent Mechanisms: Implement unambiguous digital (and in-store) opt-in workflows.
4. Vendor Assessments: Update third-party contracts (DPAs) to include data protection terms—especially with adtech or analytics providers.
5. Training & Recordkeeping: Ensure staff understand the new standards and keep an audit trail for all consents obtained.
6. Limit Use and Retention: Only keep and use health data for as long as is absolutely necessary and as disclosed.

Pro Tip: Run a simulated AG audit to test your privacy controls and consumer-facing notices. This proactive approach can uncover gaps before a regulatory inspection.

Looking Ahead: What Will Change Next?

With copycat health privacy laws likely in several western states by late 2025 and further AG enforcement waves expected, Nevada’s law is becoming a template for U.S. health-adjacent retail privacy. Regulators are watching both digital innovation (AI-driven health profiles, loyalty apps, biometrics) and how businesses adapt consent-and-notice strategies in an omnichannel environment.

Key Takeaways for Nevada Hemp/CBD Businesses

• The definition of health data is very broad; when in doubt, treat customer purchase, wellness, or intake data as covered.
• Transparent privacy notices and documented opt-in consent are legally mandatory.
• Pay special attention to online adtech, loyalty programs, and shared vendor data flows.
• Prepare for active enforcement and periodic updates as laws evolve.

Conclusion

SB 370 signals a new era in cannabis and hemp retailing: customer health data is now as sensitive as medical information. Businesses that neglect privacy modernization invite penalties, while those who adapt gain customer trust and a competitive edge.

For ongoing regulatory updates, custom compliance checklists, and the latest on state-by-state privacy enforcement, visit CannabisRegulations.ai.

This post is for informational purposes only and does not constitute legal advice. Always consult a qualified professional for application to your specific legal and regulatory context.