Nebraska Delta-8 THC and CBD Retailers Beware On the heels of the boom in cannabidiol (“CBD”) sales, many Nebraska CBD retailers have recently been marketing and selling products containing Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG Nebraska is notoriously against cannabis legalization, and the state’s several attempts to develop a medical cannabis program have failed. Still, they have implemented programs to legalize hemp agriculture, leaving residents fuzzy on the state’s stance on CBD. Is CBD legal in Nebraska? Or is it subject to the same hars
Nebraska Delta-8 THC and CBD Retailers Beware
On the heels of the boom in cannabidiol (“CBD”) sales, many Nebraska CBD retailers have recently been marketing and selling products containing Delta-8 tetrahydrocannabinol (“Delta-8 THC”), which is an isomer of Delta-9 tetrahydrocannabinol (“Delta-9 THC”). Delta-9 THC is the common compound in marijuana that provides euphoric effects to it users. Marijuana plants and other products containing Delta-9 THC in concentrations high enough to provide users with any such effects are generally illegal under federal and Nebraska law. Delta-8 THC provides a euphoric effect similar to Delta-9 THC, but milder, and due to a loophole in the federal and Nebraska law, as further discussed below, products containing Delta-8 THC are arguably legal in Nebraska and many other states.
The Delta-8 THC market was born when producers began looking for ways to turn extra CBD extracted from hemp into something else profitable. Using a chemical synthetization process, they were able to produce Delta-8 THC from CBD, and incorporate Delta-8 THC into products that could be marketed as a legal recreational drug in many states.
Under the Nebraska Hemp Farming Act (the “Nebraska Hemp Act”), “Hemp” is legal in Nebraska and removed from the Nebraska Controlled Substances Act. Hemp is defined as “the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 % on a dry weight basis” (emphasis added) . Thus, as long hemp derivative products (such as CBD and Delta-8 THC) do not contain Delta-9 THC in excess of 0.3%, a plain reading of the statute indicates that Delta-8 THC and products containing Delta-8 THC would be classified as Hemp, and are legal in Nebraska. Many other states have similar industrial hemp statutes that purport to make Delta-8 THC products legal in the same manner.
Under the federal 2018 Farm Bill (the “Farm Bill”), “Hemp” was removed from the federal Controlled Substances Act. In addition, under the Farm Bill, the definition of Hemp is the same as it is under the Nebraska Hemp Act, meaning that Delta-8 THC products that do not contain Delta-9 THC in excess of 0.3% are legal under federal law.
However, despite the purported legality of Delta-8 THC under Nebraska and federal law, Nebraska retailers face a myriad of risks. In 2020, the Drug Enforcement Agency (“DEA”) issued an Interim Final Rule that stated, in part, that “all synthetically derived tetrahydrocannabinols [regardless of THC content] remain schedule I controlled substances.” There is some debate over whether Delta-8 THC is “synthetically derived,” but there appears to be a conflict between this DEA Rule and the Farm Bill. In any event, Delta-8 THC retailers face risk of DEA enforcement for the possession, distribution, or transportation of products containing Delta-8 THC. In addition, the Food and Drug Administration (“FDA”) retains authority to regulate products that contain cannabis or cannabis derivatives under the federal Food, Drug and Cosmetic Act. Currently, Delta-8 THC products do not appear to be prohibited by FDA regulations. However, the FDA recently issued a consumer update warning of the dangers of Delta-8 THC products, including contamination concerns from potentially unsafe manufacturing methods. Thus, Delta-8 retailers also risk that the FDA may take steps to ban or more tightly regulate these products.
At the state level, the tide appears to be shifting, as more states are closing the legal loophole that purports to make Delta-8 THC legal under laws similar to the Nebraska Hemp Act. For example, Colorado (which allows recreational marijuana use) has banned Delta-8 THC since May 2021, and Texas recently did the same in October 2021. As of the date of this article, sixteen other states have restricted or banned Delta-8 THC. In Nebraska, Governor Rickett’s office has generally taken a negative position towards cannabis and its derivative products, and Governor Ricketts recently asked the state Attorney General to review the legality of Delta-8 THC. Recall that prior to the enactment of the Nebraska Hemp Act, certain Nebraska sellers of CBD products were raided and charged with criminal drug trafficking offenses. The Nebraska Supreme Court eventually found in favor of the sellers, but only after years of the defendants expending extensive legal fees. Nebraska Delta-8 THC retailers could face a similar situation.
There is also the risk that Delta-8 THC retailers may inadvertently possess and/or sell products containing Delta-9 THC in amounts greater than 0.3%, in which event they would be subject to potential felonies under the Nebraska Controlled Substances Act. Thus, such retailers are advised to take as many steps as possible to confirm that its Delta-8 THC products fall within the definition of Hemp under Nebraska law, and don’t contain Delta-9 THC in amounts greater than 0.3%.
Persons considering entering the Delta-8 THC market should carefully consider these risks, and be prepared to handle the effects of a Delta-8 THC ban or restriction under Nebraska or federal law. If you have any questions about Delta-8 THC or other cannabis issues, attorneys at Erickson | Sederstrom can assist you. Attorneys Shay Garvin or Andrew Collins can be reached (402) 397-2200.
Is CBD Oil Legal in Nebraska? (2022 CBD Laws)
Nebraska’s cannabis-permitting laws are late and lean compared to some other states. This is interesting given that NE was the first state in the Union to decriminalize it.
At any rate, hemp CBD with no more than 0.3% THC is legal in Nebraska. The state currently has no medical marijuana program or other permissions for therapeutic cannabis usage — but keep your eyes open for ballot measures in upcoming elections as there’s active support for this. Recreational marijuana is prohibited.
Nebraska CBD Laws At A Glance
Here are the mainthings all Nebraskans should know about CBD-related laws in the state:
• Hemp-derived CBD with ≤ 0.3% THC is legal.
• You’ll likely need to be 18+ to buy CBD.
• The state doesn’t have a medical cannabis program or any other means of legally allowing patients to access/use cannabis therapeutically.
• Recreational marijuana use is outlawed but possession has been decriminalized.
Is CBD Legal in Nebraska?
Nebraska’s stranglehold on all things cannabis is slowly easing. After loosening its grip slightly in the late 1960s and late 1970s, not much happened for many years. But, within the last decade, NE’s laws seem to be releasing the state’s clutch, like lifting one finger at a time.
Check out this brief highlights reel of Nebraska’s CBD-related legislation:
- In 1969 and again in 1979, NE decriminalized cannabis possession. These laws relaxed penalties for first-time offenders.
- The mid-2010s saw a couple failed attempts to change cannabis laws. Including trying to sue Colorado for the “spillover” effects of its legalization marijuana. (The Supreme Court nixed this lawsuit.) The second unsuccessful proposal was the 2015 Cannabis Compassion and Care Act (LB6 43).
- LB 390, passed in 2015. Created a means for the University of Nebraska and Nebraska Medicine to produce and possess CBD for research purposes. This program did let certain qualifying patients participate in clinical studies.
- The next big piece of legislation was the 2018 Farm Bill. This act federally legalized industrial hemp and its byproducts, including CBD, so long as they had 0.3% or less THC. However, at this point, NE articulated that hemp and CBD in the state were still strictly illicit.
- In 2019, the state adopted the Nebraska Hemp Farming Act (LB 657), which established an industrial hemp program to be administered by the Nebraska Department of Agriculture. This statute was amended in 2020 (LB 1152). The legislation okayed the commercialization of low-THC hemp and its derivatives.
- A medical cannabis program is still on Cornhuskers’ minds. A measure regarding this was supposed to be on the 2020 election ballot. However, the Nebraska Supreme Court invalidated it for technical reasons. It’s expected, though, that a new ballot measure will be included in a future election. Stay tuned!
Is CBD Legal In In Nebraska? CBD Shopper’s Guide
Looking to purchase CBD in Nebraska? You’re in luck! Hemp CBD products are legally available at state-licensed brick-and-mortar stores and dispensaries. Assuming there’s internet access in the Cornhusker State — and we’re pretty sure there is — you also have CBD online stores at your fingertips. Simply locate a trustworthy retailer and take your pick of shopping methods.
Purchase CBD At Brick & Mortar Stores
There’s a lot of things to love about Nebraska, and local access to CBD might be one of them. While there may not be too many places in your neighborhood to stock up on CBD, that’s bound to change soon. The recent changes in industrial hemp laws means eager sellers are probably queuing up at a licensing bureau right now.
So, it’s possible that you’ll begin to spy items containing CBD on the shelves of your neighborhood wellness shop or CBD dispensary. Since types and quality of CBD products can vary widely, find a store with knowledgeable staff and a good selection.
Buy CBD Online
Nebraska permits you to purchase CBD in person, but you might find it more convenient to buy CBD online. Whether you can’t find your favorite CBD products in nearby stores or just prefer the ease of filling a virtual cart, online shopping for CBD is a great option in Nebraska.
Speaking of which, you can safely buy CBD products online from Pure Craft. In fact, here are some high-quality CBD products that’re popular with Nebraskans near you:
Is CBD Legal in Nebraska?
Nebraska is notoriously against cannabis legalization, and the state’s several attempts to develop a medical cannabis program have failed. Still, they have implemented programs to legalize hemp agriculture, leaving residents fuzzy on the state’s stance on CBD.
Is CBD legal in Nebraska? Or is it subject to the same harsh rejection as cannabis derived products?
Luckily, Nebraska shows its soft side with CBD, and the state removed hemp-derived CBD from it’s controlled substances list after the 2018 Farm Bill passed into law.
Before you buy CBD in the state, you should still make sure that the products you intent to purchase align with Nebraska CBD laws:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- Like many states, Nebraska introduced a hemp research plan before the 2018 Farm Bill was passed. Now, the state has updated legislation to remove CBD from the state’s controlled substances list.
- The state has no minimum age for CBD, but vendors may restrict access to consumers under 21.
- Doctors may recommend CBD in Nebraska, but you do not need a prescription to access it.
- CBD is accessible across the state, but there are very few regulations in place to protect consumers. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Nebraska?
Nebraska passed a bil to establish a hemp agriculture plan in the state before the 2018 Farm Bill was even signed into law, but this outdated legislature only provided hemp access to the state Department of Agriculture and various approved universities.
At the time, Governor Doug Peterson issued a statement declaring that CBD was only legal if it was used in an FDA-approved medication or distributed as part of the approved University’s research programs. Despite the states’ limited hemp agriculture plan, CBD was still listed as a controlled substance in Nebraska.
In May of 2019, Governor Pete Rickets signed LB 657 into law, a bill informally known as the Nebraska Hemp Farming Act.
In line with the hemp pilot programs found in progressive hemp states, like Kentucky or Colorado, this bill extended access to hemp to farmers across the state. It also redefined hemp to match federal definitions, dictating that any cannabis substance with less than 0.3% THC by weight could be classified as hemp.
The bill did not mention CBD directly, but included “extracts or cannabinoids” in hemp’s new definition, effectively barring the prohibition of CBD from hemp. This new bill does not place very many regulations on the productions of CBD, aside from requiring that hemp growers and manufacturers be licensed by the state in accordance with the federal farm bill.
Eventually, the state’s controlled substances list was also updated to remove hemp-derived CBD, making cannabidiol accessible across the state. However, the state has made no more direct statements on CBD or how it can be used. In other words, Nebraska has much more lenient CBD laws than states where CBD consumables are prohibited, like California, Georgia, and Minnesota.
Is full spectrum CBD legal in Nebraska?
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Nebraska’s laws allow CBD products to contain up to 0.3% THC, so full spectrum CBD is legal in the state.
Does Nebraska have a CBD possession limit?
Nebraska does not define any possession limits for CBD products derived from industrial hemp that meet state requirements. Other CBD products, like those derived from cannabis, are illegal in the state.
Can doctors prescribe CBD in Nebraska?
No prescription is needed to access CBD in Nebraska. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Nebraska?
Nebraska laws make it possible for CBD to be manufactured and sold in the state, and you may find a variety of CBD products at stores local to you. Still, the state imposes no regulations to ensure consumer safety, and this lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Can you buy CBD at 18 in Nebraska?
Even when searching through federal regulations, there is virtually no mention of the legal age to purchase CBD products. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
Nebraska does not declare a legal age for the purchase of hemp-derived CBD products. Laws may vary by jurisdiction, but most often these rules are decided by the vendor. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Nebraska.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Nebraska, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.