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 The signed Nebraska Hemp Farming Act allowed the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC. As state officials begin clarifying its legality, hemp-derived delta-8 THC remains permitted in Nebraska.
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? – August 2022
Under the Nebraska Hemp Farming Act, hemp-derived CBD oil and other products with 0.3% or less THC are legal in the state (6) .
The Nebraska Hemp Farming Act or Legal Bill 657 was signed into law in March 2019, allowing the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC .
Following the 2018 Farm Bill , industrial hemp was removed from the Controlled Substances Act (CSA). CBD products with 0.3% or less THC became legal at the federal level (7) .
Meanwhile, marijuana remains a Schedule 1 drug under the CSA, given THC’s high risk for abuse because of its psychoactive effects (8) .
Despite industrial hemp ’s legalization, the Food and Drug Administration (FDA) does not approve the use of CBD products as dietary supplements.
The FDA issued memorandums warning companies that make unwarranted claims about CBD (9) .
To follow the FDA ’s regulations, most CBD brands provide disclaimers regarding CBD use on their websites.
While LB 657 only specifies that cultivator, processor-handler, and broker license applicants should be 18 years old, many CBD retailers often require users to be at least 18 to purchase CBD products (10) .
More research is needed to prove CBD’s effectiveness in treating various medical conditions.
Nebraska CBD Laws
The Nebraska Hemp Farming Act or Legal Bill 657 was approved by Governor Pete Ricketts (11) . This law allows farmers and businesses to cultivate, handle, and process hemp plants and sell hemp products for commercial purposes.
According to the law, hemp refers to the Cannabis sativa plant, including viable seeds and all derivatives , extracts, cannabinoids , acids, and salts, with no more than 0.3% THC on a dry weight basis.
The law is in line with the 2018 Farm Bill , which removes hemp from the Schedule 1 drug category (12) .
Before the approval of LB 657, the Nebraska Unicameral passed LB 390, allowing the University of Nebraska and Nebraska Medicine as the only entities that can produce or possess CBD for a pilot program or study (13) .
According to this bill, CBD could only be obtained from or tested at the University of Nebraska Medical Center and dispensed by the Nebraska Medicine Research Pharmacy.
Moreover, only patients with intractable seizures and treatment-resistant seizures could obtain CBD (14) . Qualified patients should have a written order from a physician licensed to practice medicine and surgery in Nebraska .
The use of Epidiolex, an FDA-approved CBD product, helps treat seizures associated with rare cases of epilepsy (15) .
In 2018, before LB 657 took effect, Nebraska Attorney General Doug Peterson released a memorandum to law enforcement. The memorandum emphasized that it was illegal to possess, manufacture, or distribute CBD in Nebraska.
However, with the recent enactment of LB 657, allowing the use and distribution of hemp-derived CBD products with 0.3% or less THC, CBD industries in the Cornhusker State are expected to grow (16) .
Note that while Nebraska law regulates the use of industrial hemp , cannabis or marijuana use remains illegal.
CBD Possession Limits in Nebraska
Possession of hemp-derived CBD in Nebraska is legal as long as the product comes from hemp cultivated under state regulations (17) .
Moreover, the transport of hemp-derived CBD products to Nebraska is allowed, given that they contain no more than 0.3% THC.
However, a peace officer may detain individuals carrying or transporting hemp if they fail to show their cultivator license or the necessary documentation.
Meanwhile, as marijuana remains a Schedule 1 drug, possession of one ounce or less is considered an infraction punishable by up to a $300 fine (18) .
More than one-ounce possession is a misdemeanor punishable by up to three months of imprisonment and a maximum fine of $500.
Moreover, possession of more than one pound is a felony punishable by up to five-year imprisonment and a maximum fine of $10,000.
Before individuals can cultivate, process, market, or transport industrial hemp in the state of Nebraska , they must apply to the Nebraska Department of Agriculture .
The application should include the following details (19) :
- Full name
- Mailing address
- Telephone number
- Valid email address
- Square footage of a greenhouse or indoor space for cultivation
- Address, legal description, location ID, and GPS coordinates for each field
- Maps showing each site where hemp will be cultivated
Applicants, both individuals and entities, should also pay a non-refundable application fee, site registration fee, and a site modification fee to the Department of Agriculture.
Individual applicants must be at least 18 years old to be considered for the cultivator, processor-handler, and broker license applications.
All hemp-derived CBD products must undergo laboratory tests for THC concentration by a licensed testing facility approved by the department. Test results must indicate the location ID where the hemp was cultivated.
Penalties for selling or manufacturing marijuana and other controlled substance s in Nebraska include a $25,000 fine and imprisonment of one to twenty years (20) .
Before harvest, hemp plants should undergo testing by a licensed testing facility approved by the department.
When test results are adverse, the department may require a licensee to conduct further tests and may require harvest and destruction of those non-compliant plants (21) .
Buying CBD Legally
Before buying CBD hemp oil and other products in Nebraska , consumers must check if the CBD brand sources its hemp from licensed hemp growers.
The CBD product label and packaging should also include the amount of CBD per serving, net weight, list of ingredients, manufacturer’s name, recommended dosage, and CBD type.
Users should find the product’s certificate of analysis (COA), usually available on the brand’s website. Consumers can use the COA to verify the actual CBD content compared to the product label claim.
The COA must indicate that the product contains no more than 0.3% THC, following Nebraska law on hemp-derived CBD products .
How to Choose Which CBD Products to Buy
While CBD oil tinctures are the most common CBD product , various forms are available for users, including edibles, like gummies and chocolate bars, topicals like lotions, creams, and balms, vapes , and pet treats.
However, before buying CBD products in Nebraska , consumers should ensure that these products are sourced from licensed hemp growers.
Reliable CBD sellers are also transparent with their accreditation, licenses, and certifications from agencies like the US Hemp of Authority and the US Department of Agriculture (USDA). Membership to hemp organizations is another relevant factor in choosing CBD products.
Users must check whether the CBD products undergo third-party lab testing. High-quality CBD products contain the same or higher CBD concentration than what is advertised.
Third-party lab results must also indicate that the CBD products are free from pesticides, residual solvents, heavy metals, and other harmful contaminants.
Users should search for the CBD brand’s rating from the Better Business Bureau (BBB).
BBB-accredited brands show excellent customer service , transparency, and ethical business practices.
Where to Buy CBD Products Legally
While there are a few CBD shops available in Nebraska , these numbers are expected to grow following the enactment of LB 657.
Users can buy CBD products from state retailers or dispensaries. They can also buy CBD online through the brand’s official website.
The information on the product pages should help consumers check whether the brand’s products meet the requirements set in the Nebraska Hemp Farming Act.
Some health and wellness or CBD stores in Nebraska with at least an A rating from BBB include the following:
American Shaman Omaha
Phone: (402) 932-2144
Phone: (402) 932-2144
CBD Therapy for People and Pets
CBD brands with high ratings and accreditations from BBB are reliable as they are evaluated in transparency, customer service, and ethical business practices.
What Is CBD?
CBD is a nonpsychoactive compound found in Cannabis sativa plants . While CBD comes from either hemp or marijuana, CBD is more abundant in hemp.
CBD is known for its therapeutic benefits in medical conditions, such as epilepsy, anxiety, sleeping disorders, and schizophrenia (22) .
Despite CBD’s known benefits, the compound has its corresponding side effects, such as drowsiness, dry mouth, diarrhea, and fatigue (23) .
Users can choose from CBD oil products, topicals, edibles, and pet treats.
What Are the Types of CBD?
CBD products have three types: full-spectrum, broad-spectrum, and CBD isolates.
Full-spectrum CBD products contain a complete range of compounds, including CBD, THC, terpenes, and flavonoids.
Terpenes give cannabis plants’ unique aroma and flavor, while flavonoids are responsible for the vivid colors.
The complete range of compounds creates a synergy known as the “entourage effect,” which suggests a greater efficacy when taken together than individually (24) .
Broad-spectrum CBD is like full-spectrum CBD without THC. Thus, users can maximize the entourage effect while not worrying about THC’s euphoric effects.
CBD isolates are pure CBD extracted separately from all other cannabinoids. While these CBD products do not produce the entourage effect, users can maximize CBD’s benefits.
Before purchasing CBD products, users should consult healthcare providers for proper CBD use and dosage.
CBD vs. THC
Cannabidiol (CBD) is non-psychoactive, while THC induces psychoactive effects.
Cannabis or marijuana contains higher THC content. Thus, recreational or medical marijuana is often illegal because of potential abuse (25) .
Users should study laws from individual states and buy cannabis products in areas that allow the recreational use or medical use of marijuana.
Following the 2018 Farm Bill, CBD purchase is legal in all 50 states of the United States.
In Nebraska, hemp-derived CBD products regulated by the Nebraska Department of Agriculture are allowed.
Moreover, in line with the 2018 Farm Bill, hemp products should contain no more than 0.3% THC.
Marijuana remains illegal in Nebraska, and possession, sale, or cultivation of the cannabis plant entails corresponding penalties and punishments.
Thus, users should study state laws and purchase cannabis products in states that legalize recreational or medical cannabis.
*All information shared in this article was retrieved in November 2020. Changes may occur when new regulations on CBD use come in.
Is Delta-8 Legal in Nebraska?
Delta-8 remains legal in Nebraska while state officials attempt to clarify its legality.
Hemp-derived delta-8 is legal in Nebraska, but state officials are currently reviewing its legality. Currently, the use, possession, sale, distribution, purchase, and production of delta-8 products are permitted under state law without risk of penalty or prosecution. However, with nearly 20 US states now restricting or banning delta-8 following pressure from the federal government and the DEA, we expect delta-8’s legality in Nebraska hangs in the balance. Pair this with a staunch anti-cannabis state governor and delta-8’s future doesn’t look promising.
Is delta-8 currently legal in Nebraska?
- Delta-8 is legal in Nebraska under state and federal law. The use, possession, sale, distribution, purchase, and production of delta-8 products are permitted without fear of penalty or prosecution.
- However, while law enforcement are not seeking to make arrests over delta-8 possession, state officials are currently reviewing delta-8’s legality.
- Other THC isomers, including delta-10, HHC, and THC-O, are also legal under state law, as is hemp-derived CBD.
- Medical cannabis and recreational marijuana are illegal under state law, despite multiple attempts to legalize them.
Is delta-8 THC legal in Nebraska?
Yes, delta-8 THC is legal in Nebraska under state and federal law, but state officials are still attempting to determine its legality. One such state official is a notorious anti-cannabis governor with a lot of influence on state decisions and proceedings.
According to news reports, Nebraska State Governor Pete Ricketts, who famously stated marijuana legalization would contribute to the killing of kids, requested State Attorney General Doug Peterson to review if delta-8 falls under the state’s definition of marijuana. Marijuana is an illegal controlled substance under Nebraska’s Controlled Substances Act.
If Peterson concludes that delta-8 is an illegal controlled substance, the use, possession, sale, purchase, distribution, and production of delta-8 products in the state will most likely be prohibited under state law.
However, according to recent news reports, Lincoln-Lancaster County Narcotics Task Force LPD Captain Ryan Dale believes delta-8 isn’t a problem in Nebraska and won’t arrest anyone in possession of delta-8 products, stating:
“I don’t know that I would characterize [delta-8] as an issue. To my knowledge, they’re not doing anything illegal.”
For Dale, the biggest issue is differentiating between delta-8 and marijuana, an illegal controlled substance carrying more than the federally legal 0.3% THC. To protect delta-8 users from law enforcement, he recommends taking some precautions:
There’s no legal requirement for how you carry the Delta-8 products, but I would recommend that people keep them in their original packaging and then maybe even keep the receipt with it. It won’t be seized if all signs point to it being delta-8.
Ryan Dale, Narcotics Task Force LPD Captain
Legislative history of delta-8 in Nebraska
Currently, delta-8 THC derived from hemp plants carrying no more than 0.3% THC (by dry weight) is legal following the passing of the Nebraska Hemp Farming Act (LB 657). This bill coincides with the federal Agriculture Improvement Act (2018 Farm Bill), which legalizes hemp production, hemp cultivation, and hemp-derived compounds, including delta-8.
The Nebraska Hemp Farming Act defines hemp as a variety of Cannabis sativa, including viable seeds and all cannabinoids, derivatives, extracts, salts, and acids, with no more than 0.3% THC on a dry weight basis. Delta-8 is a cannabinoid in hemp and a derivative of delta-9, meaning it’s currently legal under state law.
Meanwhile, Chapter 28 of Nebraska’s Uniform Controlled Substances Act classifies all marijuana-derived tetrahydrocannabinols as controlled substances, including delta-1 cis or trans tetrahydrocannabinol, delta-6 cis or trans tetrahydrocannabinol, and delta 3,4 cis or trans tetrahydrocannabinol. It does not list hemp-derived tetrahydrocannabinols, nor does it mention delta-8 in any capacity.
Buying delta-8 in Nebraska?
Since hemp-derived delta-8 is currently permitted in Nebraska, you can purchase delta-8 products online and through physical retail stores located all throughout the state, but mostly in Lincoln. Many of these online and physical stores sell delta-8 oils, delta-8 gummies, delta-8 flower, and delta-8 vape cartridges.
To legally purchase, use, and possess delta-8 vape products in Nebraska, you must be above the age of 21, as outlined in the Nebraska PACT Act, signed into law on June 30, 2010.
We always recommend buying delta-8 products online. Not only is it convenient, but it’s also an easy way to see if the products you’re purchasing are safe, transparent, and high-quality firsthand.
If you’re not in close proximity to a physical retail store and you’re struggling to find the best online delta-8 vendor, our list of the best delta-8 brands will steer you in the right direction.
Can you travel to Nebraska with delta-8?
Yes, you can travel into Nebraska with delta-8, provided it’s sourced from hemp plants carrying no more than 0.3% THC. Likewise, the hemp-derived delta-8 product(s) in your possession should contain no more than 0.3% THC. If the THC quantity is higher, it’s classified as marijuana-derived. Marijuana and marijuana-derived products are prohibited under state and federal law.
As a general rule, do not cross any US state border with marijuana or marijuana-derived delta-8 in your possession. All marijuana products are federally controlled substances and every state border is governed by the federal government. Traveling from one US state to another with delta-8 in your possession is a federal crime. Depending on the quantity in your possession, you could be prosecuted for trafficking an illegal substance.
Is marijuana legal in Nebraska?
No, recreational cannabis is illegal, and there is no program allowing patients access to medical cannabis.
However, the state decriminalized simple cannabis possession after a controversial voter ballot initiative in 2018, sparing offenders jail time if caught with less than 1 oz of cannabis.
A new initiative to legalize medical cannabis in Nebraska could appear on the state ballot next year if enough signatures are gathered before the July 7, 2022, deadline.
Medical marijuana is not legal in Nebraska. The state has no medical cannabis program, despite attempts to establish one. The legal status of medical cannabis in Nebraska means the use, possession, sale, distribution, purchase, cultivation, and production of cannabis for medicinal purposes are prohibited under state law.
In 2015, Bellevue Sen. Tommy Garret introduced Legislature Bill 643 (Cannabis Compassion and Care Act) to the unicameral state legislature. The bill sought to legalize medical cannabis for qualifying patients suffering from serious illnesses, including HIV/AIDS, cancer, glaucoma, and hepatitis C. The bill was blocked and eventually died after a Senate filibuster in 2016.
In 2019, Nebraska State Attorney General Douglas J. Peterson argued passing a medical marijuana bill would be unconstitutional and in direct conflict with the federal Controlled Substances Act:
“Creating a state regulatory scheme that would affirmatively facilitate the cultivation, processing, wholesale distribution, and retail sale of federal contraband [medical cannabis] on an industrial scale would frustrate and conflict with the purpose and intent of the CSA. Accordingly, we conclude that the MCA would be preempted by the CSA and would be, therefore, unconstitutional.”
A pair of voter initiatives are attempting to make their way to Nebraska’s 2022 ballot seeking to legalize the sale, production, and distribution of medical cannabis and protect qualifying patients from legal consequences.
Unfortunately, the new 2022 medical cannabis voter initiative is receiving staunch opposition. The Republican governor of Nebraska, Pete Ricketts, is partnering with a leading cannabis prohibitionist group to create TV ads opposing the initiatives, urging voters not to approve medical marijuana legalization.
Like medical cannabis, recreational marijuana is also illegal in Nebraska. However, simple possession of cannabis in small quantities is decriminalized.
First-time offenders caught possessing less than 1 oz of cannabis will not face prison time or have it marked on their criminal record. The state considers simple possession an infraction.
Second and third-time cannabis possession offenses are misdemeanors punishable by up to 5 and 7 days in prison, respectively. Fines of up to $500 might also be handed out.
On July 1, 2021, Senator Justin Wayne of Omaha introduced Nebraska Legislature Resolution 2 (LR2CA), a constitutional amendment that would place recreational cannabis legalization for adults aged 21+ on the 2022 ballot. The amendment bill is currently in the committee stage.
Can you purchase delta-10 THC, THC-O, or HHC in Nebraska?
Yes, you can buy delta-10, THC-O, and HHC products in Nebraska. All three are not listed as controlled substances under the state’s Uniform Controlled Substances Act, meaning their use, possession, sale, distribution, purchase, and production are legal under state law with no risk of penalty or prosecution.
Is CBD legal in Nebraska?
Yes, CBD is legal in Nebraska under state and federal law, provided it’s sourced from federally compliant hemp plants carrying no more than 0.3% THC. The legal status of hemp-derived CBD means the use, possession, sale, distribution, purchase, production, and manufacture of hemp CBD products are permitted within the state without fear of penalty or prosecution.
Nebraska legalized the production, cultivation, handling, and transport of hemp and hemp products on May 30, 2019, following the Nebraska Hemp Farming Act (Legal Bill 657), signed into law by Governor Pete Ricketts. The state later implemented the Nebraska Hemp Plan, assigning complete control of hemp production and cultivation to the Nebraska Department of Agriculture (NDA) in 2020.
This law defines hemp as a variety of Cannabis sativa, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, carrying no more than 0.3% THC (by dry weight).
Previously, Nebraska heavily regulated CBD. The state only allowed the University of Nebraska and Nebraska Medicine access to CBD for research and to create a small pilot program after Legislature Bill 390 in 2014.
This bill gave Nebraska medical patients with intractable epilepsy an opportunity to obtain low-THC CBD products in the form of Epidiolex — the first-ever FDA-approved cannabis medication.
CBD derived from marijuana is illegal in Nebraska. The state considers all marijuana compounds as Schedule I controlled substances under its Controlled Substances Act.
There is currently no upcoming legislation that will change the legality of delta-8 THC in Nebraska. However, since the Nebraska State Attorney General is currently reviewing delta-8’s legality in the state, we expect the introduction of new delta-8 bills in 2022.
Despite Nebraska’s poor history with cannabis, hemp-derived delta-8 is still legal, with no sign of law enforcement making arrests for the use, possession, sale, or production of delta-8 products. Right now, this is great news if you’re a keen delta-8 user. You can enjoy delta-8 products freely without fear of prosecution.
However, be under no illusion. State officials are not cannabis-friendly, and they certainly aren’t fond of intoxicating substances. We expect delta-8 to come under some scrutiny once the state’s attorney general finishes reviewing the legality of delta-8.