OUR Articles With marijuana laws evolving all around the country, new areas of the industry are being brought to light to be assessed for legality purposes. One of the most pertinent areas Nebraska has notoriously rigid cannabis laws, making it difficult to buy cannabis products. However, under the new Farm Bill, CBD is legal. CBD laws in Nebraska are confusing, plain and simple. That makes a lot of people ask – Is CBD legal in Nebraska? We do our best to answer!
With marijuana laws evolving all around the country, new areas of the industry are being brought to light to be assessed for legality purposes. One of the most pertinent areas being debated on is the legality and use of cannabidiol (CBD).
What is CBD?
CBD is one of an estimated 100-plus cannabinoids found in the marijuana plant that is extracted as the plant’s resin. A cannabinoid is defined as “any various chemical constituents (such as THC [tetrahydrocannabinol] or cannabinol) of cannabis or marijuana.” Unlike its more popular relative THC, CBD is non-psychotropic which means it does not produce the “high” that THC does. Therefore most industrial varieties of hemp contain minimal amounts of THC—usually less than 0.3%—with a CBD-to-THC ratio close to 10-to-1.
CBD Medical Usage
The main interest in CBD of late has come from its purported medical uses. Various studies have reported numerous medical ailments that have been relieved or reduced due to the ingestion of CBD. Earlier this year, the World Health Organization (WHO) released a report stating that CBD has several medical applications, with evidence suggesting the effective treatment of epilepsy and preliminary evidence of success in the treatment of cancer. WHO also noted that CBD exhibits no effects of abuse or dependence potential in humans, and no evidence exists showing recreational CBD use or public health concerns arising from CBD. However, despite the promising reports of the positive effects of CBD, it is still illegal on the federal scale and classified as a schedule I drug.
The federal law surrounding marijuana and the parts of the plant indicate the only parts that can be harvested and used legally is the stalk of the mature plant and sterilized seeds incapable of germination. However, the line is drawn hard here. Any resin, including CBD, that is extracted from the mature stalk is still considered marijuana and is therefore illegal. Regardless of mostly Internet-based arguments that CBD is legal under federal law, the Department of Justice maintains that CBD, along with all marijuana extracts, is still and always has been a Schedule I controlled substance.
There is one exception to the federal laws surrounding marijuana however. Under the Agricultural Act of 2014, more commonly referred to as the “Farm Bill”, marijuana can be grown and harvested by institutes of higher education or a state’s department of agriculture to grow or cultivate “industrial hemp”. Importantly, the section defines “industrial hemp” to mean any Cannabis sativa L. plant, or any parts of the plant, whether growing or not, with a THC content of no more than 0.3%. The bill is to allow the state to closely regulate the growth and cultivation of extremely low-THC hemp for the purposes of research. Anyone growing the hemp—whether a University or an individual famer—must register and certify with the state while also using the hemp for research purposes.
With the passage of the “Farm Bill” the University of Nebraska saw its chance to conduct important and incredibly pertinent research on the ailments of CBD. Starting in May of 2015, the Nebraska Unicameral passed LB390 which created a pilot study though the University of Nebraska and Nebraska Medicine. The Medical Cannabidiol Pilot Study allows the University of Nebraska and Nebraska Medicine, and only those two, to produce or possess CBD for research purposes. In pursuit of this research, only the University of Nebraska Medical Center may test the CBD and only the Nebraska Medicine Research Pharmacy may dispense CBD for research purposes. Finally, only patients with intractable seizures and treatment resistant seizures may, with a physician’s order, obtain CBD under the Pilot Study.
Although the World Health Organization has recently released a statement that cannabidiol has several medically viable uses, is not prone to abuse and raises no public health concerns, the United States DEA has not moved CBD away from being a Schedule I controlled substance as it falls under the Controlled Substance Act’s definition of “marijuana”. This means at the federal level, CBD is still illegal to possess, use, manufacture or transport in interstate commerce. While the 2014 Farm Bill, in the eyes of some, created an exception through the growing and cultivating of industrial hemp a number of administrative regulations and public notices maintain that CBD is not legal at the federal level.
In terms of Nebraska law, CBD is slightly more legally available. This is because Nebraska’s version of a controlled substance act, the Uniform Controlled Substance Act, excludes CBD products that are approved by the FDA from the state’s definition of marijuana. This, coupled with the creation of the Medical CBD Pilot Study, allows certain medical patients to receive CBD medication as part of a research program into the viability of CBD medications. The state has also taken advantage of the opening created by the 2014 Farm Bill and created a CBD research program that allows secondary institutions to grow and cultivate industrial hemp for purposes of researching CBD. This means while CBD and its precursors are legal in limited situations, generally CBD is still illegal in the state of Nebraska.
If you or a loved one has been the target of a cbd, marijuana, or other narcotic investigation, contact the aggressive experienced criminal defense attorneys at Berry Law.
Where to Buy CBD in Nebraska in 2022
If you’re looking for a reliable source of CBD in Nebraska, you’re reading the right article. Here, we’ll give you the answers to all your questions about the law regarding CBD and point you in the direction of a few trustworthy suppliers in Nebraska.
As the demand for CBD continues to grow, more players are entering the industry. It’s essential to keep yourself informed so you can avoid the scam artists trying to make a quick buck off of uneducated customers.
Generally, the best way to get high-quality CBD is by shopping online.
But before you rush out to place an order, it’s crucial that you understand the difference between the various types of CBD available.
2. All Hemp-Derived Cannabinoids Legal | Marijuana Illegal
Table of Contents
Buy CBD Oil in Nebraska:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in Nebraska in 2022?
Yes! CBD is legal in Nebraska. However, the law treats CBD differently depending on which type you possess.
As of 2018, under the Agricultural Act, industrial hemp is legal for farmers to grow as an agricultural commodity. Before this change, as we discussed above, industrial hemp was listed as a Schedule 1 drug alongside marijuana.
Now, you can legally purchase industrial hemp products, including CBD.
Before you rush out to place an order, let’s take a look at how you can protect yourself from sketchy CBD suppliers.
How to Find Quality CBD in Nebraska
If you’re looking for the best CBD products in Nebraska, there are a few things you need to know.
1. Only Order from Companies That Have Had Their Products Tested by an Outside Laboratory
This is the first thing you should look at when buying CBD. Third-party labs can check if the product contains any potentially harmful chemicals or additives and verify that the CBD in the product is equal to what is advertised. If it hasn’t been tested, don’t bother buying it.
2. Make Sure That Your CBD Contains Less Than 0.3% THC.
Under the Agricultural Act, you are only protected if your CBD has a THC content of less than 0.3%. In Nebraska, CBD containing more than 0.3% THC will be treated no differently than marijuana and could lead to trouble with the law.
3. Purchase Products Made Using CO2 Extraction
CO2 extraction is by far the best method for obtaining CBD. It doesn’t require any additional heat or solvents, which helps maintain its purity. Also, the equipment necessary to perform CO2 extraction is rather expensive, so it shows that the company is committed to a quality product.
4. Buy Full-Spectrum CBD Products
These oils are usually labeled as full-spectrum. Full-spectrum CBD products are better because they contain a wealth of other beneficial compounds, including terpenes and flavonoids. If it isn’t labeled as full-spectrum, you are likely going to miss out on these compounds.
Taking the time to do a little bit of research about your products will ensure that you get high-quality CBD every time. Additionally, you won’t waste your money getting ripped off by sketchy suppliers.
If you’re looking for high-quality CBD in Nebraska, we always recommend that you place your order online.
Online suppliers are easy to research, and therefore, it’s simple to verify that they are taking steps to produce legitimate CBD products. It’s difficult to perform a background check on products sold in-store which may, therefore, not be the best bang for your buck.
Additionally, you can often find better deals on CBD online. Opening a physical storefront is expensive, and the prices reflect that. Online shops can offer bulk purchase deals and special pricing that would be hard to match in-store.
Online suppliers can usually get your products out to you in a few business days. Go ahead, shop in your pajamas at 2 a.m. — no need to get dressed up and drive around town to pick up your products. When you’re running low on CBD, just hop online and order again in only a few clicks.
I know that, sometimes, there isn’t a substitute for physically picking up a product and inspecting it in person. If you would prefer to find CBD locally, we have included a list of places below that can point you in the right direction.
Great places to start your search include vape stores, head shops, and natural health outlets.
See if you can find a store in your city on our list!
CBD vs. THC
CBD can be made using both flowering marijuana plants and industrial hemp. Although the two plants look quite alike, there is a key difference when it comes to CBD.
Marijuana-derived CBD contains higher THC contents. THC is the chemical compound that causes people to feel high. This type of CBD is illegal in Nebraska and is treated no differently than marijuana under the law.
Industrial hemp CBD typically contains less than 0.3% THC. The low THC content means that you won’t get high.
Is Marijuana Legal in Nebraska in 2022?
Marijuana is currently illegal in Nebraska, though the state has decriminalized it.
Although many states have legalized marijuana for recreational and medicinal use, a federal authority can shut down dispensaries or arrest people for possession.
According to the Drug Enforcement Agency, a Schedule 1 drug:
- Has no accepted medicinal applications in the United States
- Is highly addictive and likely to be abused
- Cannot be used safely under medical supervision
Over the last few decades, individual states have reformed their marijuana laws to allow the use of marijuana for different purposes. When it comes to marijuana, state laws often don’t agree with federal laws.
Marijuana Possession Penalties in Nebraska
Nebraska has decriminalized possession of less than an ounce of marijuana. If caught with less than an ounce, you will receive a $300 fine. Punishments increase for subsequent offenses — you can receive a jail sentence of up to three months on your third offense.
Anything over an ounce can land you in jail for up to 3 months with a fine of $500.
In December 2014, Nebraska sued Colorado in an attempt to get the Supreme Court to overrule its legal marijuana laws. Nebraska claimed that the recent legalization of marijuana in Colorado was increasing the amount of cross-border crime, which was costing the state money and police resources.
The lawsuit failed, and marijuana is still legal in Colorado.
For the time being, it appears that recreational marijuana is a long way away for Nebraska residents.
Medical Marijuana in Nebraska
Marijuana is illegal for any purpose in Nebraska, including for people who require marijuana as a medical treatment.
Nebraska tried to introduce the Cannabis Compassion and Care Act in 2015, which would have legalized marijuana in liquid and pill forms for people with severe medical conditions. However, the bill was shut down by the Senate in 2016.
Right now, Nebraska doesn’t take marijuana possession lightly.
Is Delta 8 THC Legal in Nebraska in 2022?
Delta 8 THC is legal in Nebraska.
While you don’t want to risk using marijuana in Nebraska, even though it’s been decriminalized, at least residents have access to delta 8 THC.
This cannabinoid surged in popularity and is going strong. Why? It’s like delta 9 (THC), but it’s legal — mostly. Rumors circulate on whether D8 is legal or not, but it’s not a synthetic cannabinoid and fits the necessary criteria for legal hemp products (from hemp and contains less than 0.3% THC).
Delta 8 is perfect for those living in states like Nebraska that don’t have legalized marijuana, even for medicinal purposes.
How to Buy Delta 8 in Nebraska
All of those tips we shared on how to buy CBD safely? Those come into play now, too.
As a hemp product, delta 8 mostly falls under the same laws as CBD. However, some states and cities cracked down on it right away and have banned it. These laws can change before you know it, so make sure you stay current.
Unchecked delta 8 is arguably more dangerous than CBD, so it’s crucial that you look over third-party tests before buying anything.
Online is the safer route for the same reasons we suggested it for CBD: you save money and time, have more selection, and have access to important information.
If you want to try delta 8 and are looking for the best, try one of these companies:
You’ll love the different D8 products on the market. Like marijuana, you can find delta 8 flower, vape carts, edibles, concentrates, etc.
Recommended CBD Retailers in Nebraska
If you head into one of the stores above, the staff should be able to help you find the CBD products you’re looking for.
If you’re having trouble finding a good source of CBD locally, make sure you take a look online. There are a ton of reliable CBD suppliers that can send your favorite products straight to your door.
Final Verdict on Buying CBD & Delta 8 THC in Nebraska
Although Nebraska has some of the United States’ harshest marijuana laws, you should still be able to find legal CBD and delta 8 THC online and in-store.
The critical thing to ensure is that your CBD is sourced from industrial hemp; this means that it should contain less than 0.3% THC and won’t get your high. Under the Agricultural Act of 2018, it is legal to purchase in all 50 states.
Usually, your best bet for finding high-quality industrial hemp CBD and delta 8 is online. If you prefer to shop locally, however, try your nearest vape store and see what it offers.
It will still be a while before you see any legal dispensaries opening up in Nebraska, so always do your research before placing an order.
Is CBD Legal in Nebraska? Ask an Expert
Nebraska’s CBD hemp market remains one of the most highly restricted when it comes to cannabis law enforcement. According to Nebraska state laws, marijuana remains illegal, and medical cannabis is not available despite its purported health benefits. This is largely due to Nebraska being a conservative state that borders Colorado, where the marijuana cannabis plant is totally legal. In the midst of that backlash, where does that leave CBD oil? Is it legal to buy CBD oil in Nebraska?
Hemp cultivation is federally legal in all 50 states since the passage of the 2018 Farm Bill. That means that hemp is now defined as strains of the cannabis plant that are less than 0.3 percent THC, short for tetrahydrocannabinol. The Farm Bill opened up cannabidiol CBD oil to national sale. Even so, individual states have their own restrictions on hemp farming and regulations when it comes to CBD and THC.
After November 2020, Nebraska is now bordered by two fully legal marijuana states, after South Dakota voters decided to legalize medical cannabis and recreational marijuana at the exact same time. Missouri, which borders Nebraska to the southeast, also has legalized medical marijuana. Even Iowa to Nebraska’s east has a limited medical marijuana program. So what does that all mean for CBD oil in Nebraska? Is legal to buy CBD in Nebraska?
Nebraska Hemp History
Historically, Nebraska participated in America’s industrial hemp economy before prohibition took it away from Nebraska farmers. Even though by the second decade of the 20th century, American hemp cultivation was in decline because of competition from cheaper alternatives grown internationally.
“The reason for the decline, think department officials, is the lack of labor-saving machinery to care for the hemp crop, the increased profitableness of other crops and the lack of special knowledge and skill required to handle hemp,” according to the Nebraska Farmer from 1914. “At one time a large acreage of hemp was grown near Havelock, Nebraska, but now the industry has entirely disappeared from that locality. It is believed that under proper conditions hemp culture may be quite profitable to farmers.” 1 Havelock is now a suburb of Lincoln.
Nebraska Marijuana Laws
The marijuana plant is now decriminalized according to Nebraska law, but it is still illegal. Multiple failed attempts to get medical cannabis onto the November ballot have delayed any additional progress. In late 2020, after the Nebraska Supreme Court removed medical cannabis from the 2020 ballot, leaders of Nebraskans for Medical Marijuana wasted no time to submit a new petition for 2022. 2
Possession of marijuana in Nebraska, one ounce or less, is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course instead of jail time. 3 According to the ACLU, African Americans in Nebraska are nearly five times as likely to be arrested for marijuana possession as their white neighbors, despite similar use rates. 4
Nebraska CBD Laws
In late 2019, the Nebraska Hemp Farming Act was passed which legalized hemp production and sale of hemp products in the state, following the guidance of the 2018 Farm Bill. 5 The Nebraska Department of Agriculture issued 10 licenses to farms scattered across the state to try growing hemp, which once grew well in the Cornhusker state.
The Wiles family farm near Plattsmouth, Nebraska was one of the 10 issued a license. Plattsmouth is just south of Omaha. In October 2019, Paul Hammel of the Omaha World-Herald reported from the Wiles’ farm.
“The nearly 284 hemp plants — affectionately called ‘my girls’ by grower Annette Wiles because they’re all female plants — are part of a modest pilot project authorized by the state this year to see if the pungent, stalky plant that looks and smells like marijuana can become a viable commercial crop,” Hammel wrote for the World-Herald. 6
Advocates criticized the state for opening up only 10 licenses for the 187 farms that applied. But in early 2020, federal officials approved Nebraska’s hemp plan, which opened the door for the Nebraska Department of Agriculture to issue more licenses to produce hemp and its products in the state. 7 As with many other agricultural states, Nebraskans view hemp and the future cultivation of marijuana with cautious optimism as a boon to the state’s economy. The Nebraska Hemp Farming Act was a good step in the right direction for realizing this future.
But Is Full Spectrum CBD Oil Legal in Nebraska?
As of the end of 2020, no one can say with absolute certainty whether it’s legal to buy CBD oil in Nebraska. For starters, the state Attorney General, Doug Peterson, issued a memo in November 2018 declaring that all CBD oils were still considered to be on the Schedule I controlled substance list. 8 His office has not issued any clarifying information since the creation of the Nebraska hemp program in 2019, or its federal approval in 2020. 9
Can I Get CBD Oil Mailed to Me in Nebraska?
Because of confusion about Nebraska CBD oil laws, it’s natural to wonder if it’s legal to receive CBD oil in the mail to an address in Nebraska. To our knowledge here at Cornbread Hemp, the answer is yes. And here’s why: because CBD oil is legal under federal law according to the 2018 Farm Bill, the US Postal Service has affirmatively stated that it is legal to send hemp derived CBD products through the mail. 10 At no point has post offices advised against sending CBD oil in the mail to certain states.
After all, the mail box at your house is considered to be federal property. So federal law should win any contradiction between state and federal law. But please don’t consider this to be legal advice. If you order CBD products in the mail to an address in Nebraska, it is up to you to obey state law once you receive those products. (This blog is for informational purposes only.)
Online retail shopping for CBD oil remains one of the safest ways to buy CBD in Nebraska. Shopping online allows you to do your research, access reviews, and check out third party lab results to assure yourself that there are no fillers or artificial flavorings in your CBD oil. Cornbread Hemp tests every batch and publishes the reports right on our website for easy access.
CBD Laws in Nebraska: Conclusion
Nebraska remains behind a majority of the states that have more progressive THC, CBD, and cannabis plant laws. Several of its neighboring states have at least legalized medical cannabis under certain health conditions: Iowa, Missouri, South Dakota, and of course, Colorado, which has some of the most liberal cannabis laws in the country.
When it comes to buying CBD oil in the state of Nebraska, buying from online CBD retailers is one of the safest ways of procuring hemp derived CBD products. Reviews and test results are readily available online with responsible online distributors and retailers.
When you’re shopping for hemp derived CBD oil products, look for USDA certified organic, non-GMO CBD products grown from organic hemp plant flowers cultivated with no synthetic fertilizers or pesticides and with no extra flavoring, preservatives, or other fillers — like Cornbread Hemp CBD oils. Delivery by the USPS and UPS is speedy, legal, and safe.
About the Author
Jim Higdon, Co-founder
a native of Lebanon, Kentucky. He holds degrees from Centre College, Brown University, and Columbia University’s Graduate School of Journalism. Jim published Cornbread Mafia in 2012, full author bio here.
Is CBD Legal in Nebraska?
Yes, CBD is legal in Nebraska. This means that anyone can purchase or use CBD oil in the state without fear of breaking any laws. The only requirement is that the CBD oil you purchase contains less than 0.3% THC by volume, which ensures that it is federally legal in the United States to buy and use everywhere.
Is medical marijuana legal in Nebraska?
No. Medical marijuana is only legal in a select number of states and isn’t offered at all in Nebraska. The state will likely legalize medical cannabis once the wider legalization movement has caught on. The good news is that CBD oil is available to anyone who wants it
Is CBD Legal in Nebraska for Minors?
Yes. Anyone over the age of 18 is legally able to purchase and use CBD oil in Nebraska, even if they are a minor. This provides many parents with the opportunity to give their children relief from certain conditions and symptoms by giving them CBD oil products and extracts.