Is CBD Legal In Nebraska?

by in US Law September 26, 2019

CBD Law In Nebraska Isn’t All That Clear

Cannabidiol has been controversial in Nebraska and being relatively new to the state continues to be a topic of debate. Right now, it’s unclear whether or not CBD is legal or not in Nebraska, as discussed further in this article. For now, know that if you are going to buy, sell, or use CBD in Nebraska, you need to make sure that it is free of THC and that you have done your due diligence and understand the legal risks.

Why All the Controversy Surrounding CBD?

CBD is found in cannabis, which is a diverse plant. There are two major species of cannabis; marijuana and industrial hemp. Industrial hemp contains very little in the way of THC (hemp must contain 0.3% or less THC by volume to be considered hemp) which is the euphoric chemical that is the subject of much of the controversy surrounding cannabis. 

Up until 2018, growing hemp was illegal in most states. President Trump then signed the Agricultural Act of 2018 classifying hemp as an agricultural product and not a scheduled drug, and it wasn’t long before people began extracting cannabidiol or CBD from the seeds of the plant. CBD is not a drug, but because of its close relationship with THC, many authorities see it as one. Any CBD product that contains more than 0.3 percent THC is illegal.

Hemp Is Not Marijuana

There is a lot of confusion when it comes to hemp and marijuana. Plants in the cannabis genus that contain less than 0.3 percent THC are considered hemp. People have been cultivating hemp for generations, and it is often used in clothing, industry, and textiles. Marijuana is typically considered plants in the cannabis genus with more than 0.3 percent THC. Hemp is now legal due to it not having the THC required for it to be illegal.

CBD In Nebraska

In Nebraska, CBD is still considered a Schedule V controlled substance by law enforcement and still subject to arrest for distribution and possibly possession. This is where the laws don’t seem to mesh. Hemp is legal. This makes CBD with less than 0.3 percent CBD a product of hemp; however, CBD is still treated as a narcotic.

In May 2019, Nebraska passed the Nebraska Hemp Farming Act, which has removed hemp and derivatives of hemp with no more than 0.3 percent THC from the list of controlled substances. This hasn’t stopped law enforcement from cracking down on CBD shops, though. Raids have occurred as recently as June 2019. It makes one wonder if CBD is legal in the state or not, as the law is saying one thing and law enforcement officials are saying another. 

The Future of CBD

As the law is written now, CBD should be legal in Nebraska, but it is regulated and requires a licence and documentation to distribute. If the laws in Nebraska become more lax, there is a good chance the state will start seeing more CBD shops opening up throughout the state. In other states where CBD is legal, business is booming. People are using CBD to help with anxiety, stress, and pain, as the substance is reported by many to have numerous health benefits without causing euphoria.

Only time will tell whether Nebraska will embrace CBD as many other states have. Until then, be sure to check your local ordinances and again understand the legal risks before involving yourself with CBD products.

Author: Leafwindow Team

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