OUR Articles While it is legal for the University of Nebraska and Nebraska Medicine to possess cannabidiol ( also known as CBD), possession by anyone not participating in the medical Nebraska has notoriously rigid cannabis laws, making it difficult to buy cannabis products. However, under the new Farm Bill, CBD is legal. 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
While it is legal for the University of Nebraska and Nebraska Medicine to possess cannabidiol ( also known as CBD), possession by anyone not participating in the medical cannabidiol pilot study will likely be treated as if they are in possession of an illegal controlled substance.
CBD is a cannabis compound that has been studied as a new drug, taken as treatment for conditions such as anxiety, Parkinson’s disease and multiple sclerosis. It does not have a psychoactive effect, and is often distributed as an extract in oil form. While CBD oil may have a valid medical purpose, law enforcement appears to treat it as contraband.
Earlier this year, in Washington County, law enforcement raided a Vape store which sold products containing CBD oil claiming it was a controlled substance.
One legal issue is whether CBD oil is in fact “marijuana”. According to Nebraska Revised Statute 28-401 (13) marijuana includes all parts of the genus cannabis plant, whether growing or not, and every compound, manufacture, or derivative of such plant or its seeds. However, this does not include mature stalks of the plant, or cannabidiol contained in a drug product approved by the FDA or pursuant to Nebraska revised statutes. Furthermore, Nebraska Revised Statutes section 28-405 does not list CBD oil as a controlled substance.
What is Cannabidiol?
According to Nebraska Revised Statute 28-463, cannabidiol means the processed cannabis plant extract, oil or resin that contains more than 10% CBD by weight, but no more than 3/10 of a percent tetrahydrocannabinols by weight, in either liquid or solid form.
How do I Know if it’s Illegal?
Unfortunately some people don’t know if their CBD oil is illegal until they’ve been arrested by law enforcement and the substance has been tested.
An investigation into CBD oil is similar to other narcotics investigations where the government must still prove beyond a reasonable doubt that the substance is the actual illegal substance the they claim it to be. In some cases involving narcotics, law enforcement may arrest and send a person to jail only to find out months later that the substance that was tested was not illegal.
The Target of the Investigation
It appears that vape shops are the new target of CBD investigations. Ironically, many vape shops have openly advertised the products containing CBD. In these instances, the owners believe that products containing CBD was legal and were open and upfront about the product, because they believed it was legal.
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
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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?
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.