CBD and hemp-derived products have increasingly become popular among cannabis enthusiasts. The enactment of the 2018 U.S. Farm Bill prompted more states to declassify CBD as an illegal substance as long as it meets the set standards. But is CBD legal in Nebraska?
Yes, CBD is legal in the state as long as it's derived from hemp and has a THC content below 0.3%, according to the Nebraska Hemp Farming Act. However, there's still a lack of clarity with the bill because it doesn't mention CBD directly. This has caused confusion among CBD sellers and enforcers on whether CBD is completely legal in Nebraska.
Since CBD can be derived from hemp or marijuana, the state considers CBD extracted from marijuana illegal. Unlike its progressive neighboring states, such as Colorado who have legalized cannabis recreationally, Nebraska classifies marijuana as a Schedule 1 controlled substance and doesn’t have a medical marijuana program.
So before you buy any CBD products in Nebraska, what are the laws, limitations, and where can you buy the products?
What is CBD?
CBD is the non-intoxicating compound present in both hemp and marijuana. As one of the primary cannabinoids found in the cannabis plant, it’s the second most prevalent after delta-9-tetrahydrocannabinol (THC).
While THC is associated with cannabis high, CBD is more popular because of its therapeutic and health benefits. Once consumed, cannabidiol interacts and binds with the body's cannabinoid receptors, resulting in a wide range of benefits.
CBD comes in three major forms, CBD isolate, full-spectrum CBD, and broad-spectrum CBD. While Broad-spectrum CBD has most of the hemp plant's naturally occurring cannabinoids, excluding THC, the full-spectrum alternative has the entire spectrum of the hemp plant's naturally occurring cannabinoids, including THC.
CBD isolate chemically eliminates most naturally occurring cannabinoids from the hemp plant and only contains CBD.
Thanks to the federal legalization and growing demand for CBD products, this compound has been approved to treat seizures. In addition, more research is being done to support the fact that these products could help with anxiety, pain, and other disorders. It’s also becoming an essential component in helping to boost the overall immune system and the skin.
When purchasing CBD, you should know it comes in different forms, which have different effects and reactions to the body. You can buy them as gummies, edibles, CBD oil, cigarettes, or vape juice. Fortunately, all these products don’t have any psychoactive effects and contain 0.3% THC or less.
Is CBD Legal in Nebraska? [Laws & Regulations]
So what are the specific CBD laws in Nebraska? Is CBD legal in Nebraska 2021? Here’s all you need to know.
According to the Nebraska Hemp Farming Act, hemp-derived CBD oil products with 0.3% or less tetrahydrocannabinol (THC) are legal. However, they also need to be first tested and approved by the Nebraska Department of Agriculture to determine whether they meet this standard.
The state laws align with the federal 2018 Farm Bill, which removed industrial hemp from the Controlled Substances Act (CSA). However, despite this legalization, the Food and Drug Administration (FDA) does not approve the use of CBD products as dietary supplements. Because of this, most CBD brands are more cautious and provide disclaimers on their sites.
After the passing of the Farm Bill, states could make their own regulations about the sale and use of CBD. So, is CBD legal in Nebraska? Let’s take a closer look at Nebraska’s laws.
Nebraska Hemp Farming Act, or LB 657
The Nebraska Farming Act, LB 657, came into effect on May 30, 2019. Approved by Governor Pete Ricketts, this law aligned the state laws with the Farm Bill by legalizing CBD derived from hemp plants containing 0.3% THC.
In addition, it also allowed businesses and farmers to grow, handle, process, and sell hemp plants for commercial purposes.
According to the Nebraska Farming Act, hemp is defined as the Cannabis sativa plant, including viable seeds and all cannabinoids, derivatives, extracts, salts, and acids, with no more than 0.3% THC on a dry weight basis.
This act also requires the Department of Agriculture to submit regulations for hemp cultivation for federal approval under the Farm Bill.
Before the passing of the Nebraska Farming Act, the state had approved a hemp agricultural pilot program. According to this legislature, the state’s Department of Agriculture or approved state universities such as the University of Nebraska and Nebraska Medicine could produce and cultivate hemp.
This bill stated that CBD could only be sourced from or tested at the University of Nebraska Medical Center and dispensed by the Nebraska Medicine Research Pharmacy.
In addition, patients with treatment-resistant seizures could now access CBD; however, they are required to have a written recommendation from a physician licensed to practice medicine and surgery in the state. Currently, Nebraska allows the use of Epidiolex, which is FDA-approved to treat conditions associated with seizures and epilepsy.
While the above legislation focused on finding ways to regulate CBD use in Nebraska, there's still a lot of confusion over what’s legal and what’s not.
For instance, months before the enactment of the Nebraska Farming Act, the Nebraska Attorney General Doug Peterson sent out a memo in 2018 stating that it was illegal to possess, manufacture, or distribute CBD in Nebraska unless it’s FDA-approved or authorized by the University of Nebraska Medical Center (UNMC).
However, after the passing of the hemp farming bill in 2019, the Attorney General is yet to issue any new memo to provide further clarification.
In addition, the Farming Act doesn’t mention CBD directly. Because of this lack of clarity in the language used, there’s confusion over whether it’s legal to possess, use or distribute these products.
Before you grow, market, and transport industrial hemp in Nebraska, you must apply for a Nebraska Department of Agriculture license.
Your application should include details such as your full name, address, telephone number, email address, square footage of the greenhouse or indoor space to be used for cultivation, maps showing the cultivation site, location ID, and GPS coordinates for each field.
As an applicant, you’ll be required to pay a non-refundable application fee, processor-handler fee, site registration fee, and site modification fee to the Department of Agriculture. Furthermore, you should be at least 18 years old to qualify for the processor-handler, cultivator, and broker license applications.
It's advisable to abide by these rules to avoid getting into trouble with the law. If you are caught selling unapproved CBD products in Nebraska, it’s considered as sale of a controlled substance under the law. The penalty for this type of crime in the state is a $25,000 fine and a prison sentence of one to 20 years.
Before you harvest these crops, the state of Nebraska requires that the hemp plants undergo testing to confirm that they meet the set amount of THC. A facility approved by the department should do the testing.
If the test results show that the product is above 0.3% THC, the department will ask the licensee to conduct further tests or destroy the non-compliant plants.
What is the CBD Possession Limit in Nebraska?
In Nebraska, possession of hemp-derived CBD is legal as long as it's cultivated under the required state regulations. However, if you are caught with CBD from non-regulated sources is treated as possession of a controlled substance; therefore, you could be imprisoned or fined after conviction.
First offenders found in possession of 1 ounce, or 28.35 grams, or less of cannabis get a $300 fine, or it's treated as an infraction. For second and third offenders, if you are found in possession of 1 ounce, or 28.35 grams, or less, the penalty is a $500 fine with five and seven days jail time, respectively.
If you are caught with more than 1 ounce to 1 pound, or 28.35 to 454 grams, of cannabis, it’s treated as a misdemeanor, and the result is a $500 fine and three months of incarceration. On the other hand, if you have 454 grams or 1 pound of cannabis, this is a felony that comes with penalties, including a $10,000 fine and five years prison time.
Where To Buy Best CBD Products In Nebraska?
If you just moved to the state, you might be wondering where can I buy CBD in Nebraska?
While the CBD laws and regulations are blurry in the state, you can legally source CBD products from licensed sellers and cultivators. It’s available in physical and convenience stores as well as online retailers. However, before sourcing CBD products from these retailers, you need to confirm whether they meet the requirements of the Nebraska Hemp Farming Act.
Check For Licenses
To avoid getting into trouble with the law, you also need to check if the hemp is sourced from a licensed hemp grower. When purchasing these products, also check the packaging, which should include details such as the amount of CBD per serving, the list of ingredients, recommended dosage, CBD type, and manufacturer's name.
A reliable seller will be transparent with their licenses and accreditation from the Nebraska Department of Agriculture and US Department of Agriculture (USDA) to prove that the products are legitimate.
Check Labelling and Packaging
Whether you are buying CBD joints, gummies, or CBD products for your pet, you need to ensure that they are also safe for use. To confirm this, you should request for the product's certificate of analysis (COA) if it’s not available on the brand’s website. You can use the COA to verify the actual amount of CBD and whether it matches what’s indicated on the label.
Since you are in Nebraska, the THC content should not be more than 0.3%, according to the Nebraska Farming Act and federal Farm Bill.
To confirm the safety of the products, also check whether they have undergone third-party lab testing. These results indicate that CBD products are free from heavy metals, pesticides, residual solvents, and other harmful contaminants. This is also a precaution because some retailers engage in false advertising when it comes to CBD products.
If you are in Nebraska and would like to order products from a reliable store like CBD Genesis, here are some of the products you can order.
Pinnacle Hemp - CBD Tincture w/ MCT
If you want to buy CBD Tinctures, you can start with the Pinnacle Hemp - CBD Tincture w/ MCT. The world-renowned all-natural full spectrum CBD also comes with MCT oil. It is made from the highest quality hemp from the Rocky Mountains of Colorado.
In addition, it’s non-GMO and made with certified organic hemp. The product is also 3rd party tested; therefore, it’s safe for use.
Active CBD Oil Roll on - 500mg
If you are a CBD enthusiast, you should definitely test our new Active CBD oil Roll on topical! Packaged in a 10 ml container, it contains 500mgs of pure CBD. It's also infused with organic peppermint extract and doesn’t contain any THC. This product is pretty easy to use when applying to the affected area.
Pinnacle Hemp – CBD Tincture
Produced in the Rocky Mountains of Colorado, the Pinnacle Hemp – CBD Tincture is made from the highest quality of hemp. It’s non-GMO and contains certified organic hemp. Additionally, it has been 3rd party tested; hence the all-natural full spectrum is also safe for consumption.
It contains less than 0.3% THC; therefore, it’s legal in Nebraska.
What is the CBD law in Nebraska? You now have a clear picture of how this state regulates the use of CBD products. As long as you abide by the guidelines in the Nebraska Farming Act, you won’t get into any trouble with the law.
Hemp-derived products are legal, but one is required to get the correct licenses before proceeding to cultivate, process, or sell CBD products. When buying products, you also need to be cautious to avoid legal trouble.Now that you know the answer to the question - is CBD legal in Nebraska? If you are in Nebraska, it’s much easier to order products online from reliable sources such as CBD Genesis. We can ship CBD joints, vape juice, gummies, or tinctures to your location today.