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 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.
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.