Marijuana and CBD laws can be confusing at the best of times. We aim to clarify matters in this guide to cannabis and CBD in Nebraska. The signed Nebraska Hemp Farming Act allowed the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC. Nebraska has notoriously rigid cannabis laws, making it difficult to buy cannabis products. However, under the new Farm Bill, CBD is legal.
CBD Oil in Nebraska: Is It Legal? [Complete 2022 Guide]
Keeping up with CBD and cannabis laws can be tricky. Trust us – it’s our job! The situation is ever-changing, and it can be complicated deciphering regulations in different states.
The federal government has been reluctant to change its mind on marijuana, which has been illegal in the United States since 1937. CBD is a little more accepted. Either way, it’s up to individual states to have the final say. With different regulations in every state – and those regulations changing by the week – it’s hard to figure out what’s going on.
Nebraska is a state that has maintained a relatively strict stance against cannabis and CBD. Slowly, things are looking up for cannabis advocates in the Cornhusker State. Let’s find out more about the current situation with marijuana and CBD products in Nebraska.
Is CBD Oil Legal in Nebraska?
Broadly speaking the answer is yes if the CBD comes from hemp with a maximum THC content of 0.3%. However, answering this question is not straightforward.
Before the Nebraska Hemp Farming Act passed in 2019, Republic Attorney General Doug Peterson issued a memo saying CBD was a Schedule 1 substance unless it’s an FDA-approved drug. The memo also made an exception for products approved by the University of Nebraska Medical Center.
No updates were made to this following the passing of the Hemp Farming Act. So, where does this leave CBD?
Nebraska CBD Laws
Nebraska Revised Statutes section 28-405 does not list CBD as a controlled substance. This implies that you are free to use CBD should you choose.
There is a suggestion that hopeful CBD sellers can register their product with the Nebraska Department of Agriculture. Once the Department tests and approves the product, it is licensed for sale within the state, diminishing the risk of arrest.
Please note that you must also pay all relevant fees, including:
- Cultivator fees
- Cultivator site registration
- Processor-handler site fees
- Site modification fees
It’s better to pay the fees, as penalties for selling unlicensed CBD products in Nebraska can amount to $25,000 and a prison sentence of up to 20 years.
Although these regulations are confusing, the crux is this: Hemp-derived CBD products seem okay as long as the relevant authorities approve them.
Many online reports imply that the Farm Bill made hemp and CBD legal. This is a bit of an oversimplification.
The Plot Thickens with the Farm Bill
The Farm Bill is a piece of federal legislation outlining agricultural practices in the USA. It’s updated every 5-6 years on average, with the most recent version being the 2018 Farm Bill.
Part of this bill was the Hemp Farming Act. The Act separates hemp and marijuana by definition, outlining that industrial hemp plants contain less than 0.3% THC. Under this definition, the Act allows states to decide on hemp cultivation and CBD production. This opens a pathway for states to think about the sale and use of CBD products.
Nebraska’s Hemp Farming Act means that licensed cultivators can now grow and process hemp in the state.
In Nebraska, it led to the Nebraska Hemp Farming Act, which became law on May 30, 2019. Before this act, only universities could grow hemp for research purposes. Now, cultivators can apply for a license to grow and process hemp in the state.
Hemp farming acts are usually an excellent opportunity for CBD sales. The Nebraska Hemp Farming Act does not mention CBD specifically at any point, though, causing quite a bit of confusion.
What CBD Products Can I Use in Nebraska?
Up to now, the only CBD product you can use with absolute certainty in Nebraska is Epidiolex. The FDA has approved this synthetic cannabinoid. However, you can only obtain it from a healthcare provider if you have a severe form of intractable epilepsy.
With the above information in mind, it seems that Nebraska isn’t being too strict on hemp-derived CBD right now. Most penalties are leveled at retailers, as the regulations for selling CBD are even more blurry. As a consumer, you likely don’t have to worry much.
Unlike some other states, Nebraska doesn’t appear to have a ban on particular consumption methods. However, a proposed MMJ bill would have banned smokable forms, so it’s probably best to avoid raw hemp flower. Vape shops are also taking a hit from law enforcement right now, so maybe stay away from vaping.
Tinctures, gummies, capsules, and topicals do not appear to be causing a huge problem.
Where to Buy CBD in Nebraska?
Despite potentially facing legal issues, plenty of physical stores in Nebraska are willing to sell CBD products. Here are five with solid customer reviews.
However, it’s probably best to source CBD products from out of the state. It’s tricky to find licensed products in Nebraska due to the complex nature of the rules. There are plenty of high-quality CBD retailers online that offer products following the Farm Bill’s rules.
Whenever you buy CBD, it’s vital to stick to a hemp-derived product with less than 0.3% THC. You can verify this information by checking lab reports. Never buy from a company without visible lab reports. Here are five online CBD brands that tick all the right boxes:
- Just CBD
- Joy Organics
- Premium Jane
Is Marijuana Legal in Nebraska?
No. In 1927, the state of Nebraska banned cannabis. Not only did this ban prohibit marijuana, but it also led to the rapid decline of hemp production. Throughout America, the prohibition of marijuana led to a gray area for hemp cultivation, and it all but died out.
Ever since the 1920s, Nebraska has maintained its anti-cannabis stance. To this day, possession is illegal, but decriminalization means that penalties are not as harsh as they once were. In 1969, Nebraska eased the restrictions so that first-time possession is not a serious offense.
In 2012, the neighboring state of Colorado legalized cannabis recreationally. Nebraska law enforcement subsequently noted an 11% increase in marijuana arrests. In a strange turn of events, Nebraska and Oklahoma attempted to sue Colorado in the Supreme Court. The Court intervened and denied the request to proceed with the lawsuit.
These days, there is a growing push for the state to legalize medical marijuana. However, at the time of writing, medical marijuana use in Nebraska remains prohibited. The Cannabis Compassion and Care Act was proposed in 2015, which would have permitted marijuana concentrates for therapeutic purposes. Suggested medical conditions included HIV/AIDS, glaucoma, and cancer.
In 2016, a Senate filibuster blocked the bill. As a result, Nebraska is still suffering from a lack of MMJ. The fight continues, however. There are concerted efforts to legalize the substance, although cannabis proponents continue to face stiff opposition.
Explaining the relevant laws…
Cannabis Penalties in Nebraska
Nebraska has decriminalized the possession of small amounts of marijuana. Therefore, you are guilty of a civil infraction if caught with less than an ounce. The penalty is a fine of $300. If found with a small amount of weed for a second time, you are charged with a misdemeanor and could spend five days in prison. A third offense means a possible seven-day jail term.
It is a misdemeanor to carry over an ounce with a potential 3-month jail stint as the penalty. The possession of over a pound of weed is a felony. This is a serious charge, and you could spend five years in prison if found guilty.
Things get even worse if you’re caught selling marijuana in Nebraska. It is a felony to sell any amount. There is a mandatory minimum prison sentence of a year attached to this crime, but you could face up to 20 years of imprisonment!
Final Thoughts on CBD Oil in Nebraska
Nebraska does not have some of the easiest regulations to understand. The fact that marijuana is illegal is black-and-white, but CBD is occupying a gray area right now. Many Nebraskans enjoy CBD products without a worry, but you need to be careful that your CBD comes from a trusted source.
As for MMJ, the tide might be turning. Campaigners are pushing hard for medical marijuana in Nebraska. Perhaps we will see big changes sometime soon.
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.
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.