Is CBD oil legal in Nebraska?
Copy article link to clipboard.
Link copied to clipboard.
- What is CBD?
- Why is CBD sometimes illegal?
- Nebraska CBD laws
- Where to buy CBD in Nebraska
- How to read CBD labels and packaging
Yes, cannabidiol (CBD) oil and other products derived from hemp that have been evaluated by regulators are legal in Nebraska.
The Nebraska Hemp Farming Act, signed into law on May 30, 2019, allows for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture. CBD that is derived from the marijuana plant is still considered illegal in the state and federally, unless it meets Food and Drug Administration (FDA) requirements such as in prescription formulations.
The act aligns with the federal Farm Bill of 2018 and its definitions of hemp and marijuana, using 0.3% THC by weight as the legal threshold between the two.
What is CBD?
CBD is a non-intoxicating cannabinoid, and the-second-most prominent compound in the plant after THC, which is largely responsible for the cannabis high. Sourced from marijuana or hemp plants, CBD has a wide range of potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. Most cannabis strains on the market today contain small amounts of CBD, compared with THC. But since the cannabinoid has gained considerable attention for its wide range of potential benefits, a number of high-CBD strains have popped up in recent years.
CBD elicits effects on the body through a range of biological pathways, including the body’s most common cannabinoid receptors, which cannabinoids bind to so they can be broken down and dispersed by enzymes. Current research suggests that the benefits of CBD are achieved when the cannabinoid activates multiple receptor pathways rather than just one. This may also account for CBD’s wide range of potential therapeutic uses.
Why is CBD sometimes illegal?
Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication, but all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis under the Schedule 1 umbrella, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
The 2018 Farm Bill legalized hemp cultivation and created a clear pathway to remove some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight; marijuana is cannabis that contains more than 0.3% THC. As a result, hemp-derived CBD was descheduled by the bill, but marijuana and its derivatives, including CBD, remain Schedule 1 substances. Hemp is now considered an agricultural commodity under the 2018 Farm Bill, but it must be produced and sold under regulations that implement the bill. The United States Department of Agriculture (USDA) has yet to create these regulations.
The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level.
The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.
Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Nebraska CBD laws
The Nebraska Hemp Farming Act, or LB 657) was signed into law by Republican Gov. Pete Ricketts on May 30, 2019, effectively bringing Nebraska law in line with the 2018 Farm Bill. Under both the Farm Bill and the Nebraska Hemp Farming Act, CBD oil derived from a cannabis or hemp plant which contains less than 0.3% THC is a legal substance.
Prior to the passing of the state hemp bill, the Nebraska legislature had passed a hemp agricultural pilot program, which allowed for the cultivation of industrial hemp by the state Department of Agriculture or approved state universities. The Nebraska Hemp Farming Act requires the Department of Agriculture to submit regulations for hemp cultivation for federal approval, per the demands of the Farm Bill.
Though the Nebraska Hemp Farming Act doesn’t name CBD directly, it does state that legal hemp includes any derivative, extract, or cannabinoid with no more than 0.3% THC. The slight lack of clarity within the language of the bill has caused some confusion among prospective CBD sellers and legislatures over whether CBD is completely legal, even under the new regulations.
Prior to the passing of the Nebraska Hemp Farming Act, Republican Attorney General Doug Peterson issued a memo stating that, unless CBD is in an FDA-approved drug or authorized by the University of Nebraska Medical Center (UNMC) it was still considered a Schedule 1 substance by the state. As of September 2019, the Attorney General has yet to issue a new statement on the matter in follow-up to the passing of the hemp farming bill.
Licensing requirements for CBD
Those looking to cultivate, process, handle, and broker industrial hemp in the state of Nebraska must apply with the Department of Agriculture and pay the necessary cultivator, cultivator site registration, processor-handler site, and site modification fees with the Department of Agriculture. All hemp and hemp-derived CBD products must also be tested for THC concentration by a state-licensed testing facility.
Selling unapproved CBD products is considered sale of a controlled substance under Nebraska law. Penalties for cultivating or selling a controlled substance in Nebraska includes a $25,000 fine and a prison sentence of one to 20 years.
Nebraska CBD possession limits
Possession of hemp-derived CBD is legal as long as it was derived from hemp cultivated and sold under state regulations. Possession of CBD derived from a non-regulated source is considered possession of a controlled substance and results in prison time and fines if convicted.
A first offense of possession of 1 ounce, or 28.35 grams, or less of cannabis is treated as an infraction with a $300 fine. For second and third offenses, possession of 1 ounce, or 28.35 grams, or less result in a $500 fine with five and seven days jail time, respectively. Possession of more than 1 ounce to 1 pound, or 28.35 to 454 grams, of cannabis is a misdemeanor, resulting in a $500 fine and three months of incarceration. Possession of more than 1 pound, or 454 grams, is a felony, with penalties including five years prison time and a $10,000 fine.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
Where to buy CBD in Nebraska
CBD oil and other CBD products can be legally purchased from state retailers that have sourced their product from licensed hemp cultivators. CBD is also available for sale from online retailers, but may not offer products that meet the requirements of the Nebraska Hemp Farming Act.
How to read CBD labels and packaging
The 2018 Farm Bill shifted oversight from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). As the FDA slowly begins to make new regulations for CBD products, the market remains largely buyer beware. Still, the agency warns that in-flux regulations don’t excuse companies from making only reputable claims on their labeling.
Most reputable CBD producers will typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full spectrum, broad-spectrum, or isolate.
- Batch or date code.
Where to buy CBD Oil in Nebraska
If you live in Nebraska and you’re looking to buy CBD oil to help with your health, you’re in luck. Just read through this guide to find the best option available to you.
The Best Places to Buy CBD in Nebraska
CBD is one of the most popular health and wellness products on the market, available in all 50 states and 40 countries around the world, and part of a hemp market that accounts for $500 million annually.
While Nebraska only has a few brick-and-mortar CBD shops, the popularity of CBD – because of its affordability, varieties, and significant health potential – could accelerate the CBD market in Nebraska. In the meantime, buying CBD oil online is fast, easy, and convenient. Further, because most online CBD suppliers are wholesale retailers, you can buy affordable, premium CBD oil in bulk, including brand-name edibles, capsules, balms, tinctures, wax, concentrates, and more. Better yet, delivery service means CBD oil is shipped directly to your doorstep for little to no additional fee.
Is CBD Legal in Nebraska?
Nebraska undeniably has some of the most conservative views and restrictive state laws concerning cannabis, cannabis-derived products, and even industrial hemp production. Medical marijuana and recreational marijuana, including marijuana-derived CBD, are all illegal in the Cornhusker State. Possession of small amounts of leaf marijuana has been decriminalized slightly, but the state is still behind. The first bill to legalize medical cannabis consumption was introduced in early 2019, but it could be years before any significant progress is made. Thus, marijuana-derived CBD is not legal in any sense of the word.
Nebraska’s harsh views on cannabis extend even to industrial hemp cultivation. The state has not legalized industrial hemp production as of yet, even though it is federally allowed. Nebraska is truly falling behind since the passage of the 2018 Farm Bill, which removed industrial hemp from the controlled substances list. According to the Nebraska State Legislature, cannabidiol is still classified as marijuana and treated like a Schedule I substance. Nebraska Attorney General Doug Peterson said it’s illegal to possess, manufacture, distribute or dispense CBD in Nebraska. However, CBD is federally classified as legal for possession and consumption. This is causing a significant amount of confusion among local CBD shops and law enforcement throughout the state. In the past few months, several arrests have been made, and charges ultimately dropped. Legislation that would allow CBD use in Nebraska has been introduced, but for now, Nebraska is a massive grey area on the map.
What Is CBD?
CBD, also known as cannabinoidiol, is one of over 85 cannabinoids in the cannabis plant. While, like other parts of the cannibis plant, CBD has health benefits it also has one crucial distinction: it won’t get you high. Hemp-derived CBD only contains trace amounts of THC, so you’ll experience zero intoxicating effects regardless of grade or dosage.
How does it work? Scientists are still figuring that part out, but in short: CBD affects the endocannabinoid system, which controls a half-dozen everyday functions, from appetite and mood, to sleep, hormone regulation, and pain. Further, if a growing amount of academic research proves correct, cannabidiol could reduce, mitigate, or even prevent some of society’s most pressing health concerns, including cardiovascular disease, cancer, general anxiety disorders, depression, schizophrenia, Alzheimer’s disease, epilepsy, ALS, and others. The more we learn about CBD – and how to leverage its health benefits – the more CBD will continue to increase in popularity, which will add supply, lower costs, and lead to positive legislation.
For your convenience, we’ve highlighted where to buy CBD oil in Nebraska below, as well as popular head and vape shops that might carry CBD products.
Habitz Glass & Goodies (4446 S 84th St, Omaha, NE 68127) is a 5-star shop that offers premium CBD oil products, Kratom, vape accessories, and more. Customer service is a point of emphasis, and prices are always kept affordable. Whether you’re a CBD novice or longtime enthusiast, the knowledgeable staff will help you find the best CBD product and grade for your needs. Hours are tough to beat, too! Open seven days a week, 8AM-12AM.
There are nearly 30 vape shops in Omaha that could sell CBD in the near future.
Caterpillar Vapes (4967 Dodge St, Omaha, NE 68132) is one of the most popular and affordable – as is Generation V – Omaha (327 N 78th St, Omaha, NE 68114), just down the street. L&L Vapes (2904 S 180th St, Omaha, NE 68130) and Vapor Laze (13766 Millard Ave, Omaha, NE 68137) are both 5-star vape shops in southwest Omaha; Overstock ECigs & More (12323 W Center Rd, Omaha, NE 68144), Palm Beach Vapors- Council Bluffs (142 W Broadway, Council Bluffs, IA 51503), and Harry’s Smoke & Vapor (238 N 114th St, Omaha, NE 68154) are other highly rated shops that are worth asking about CBD availability.
You can also find CBD Products online and have them shipped to you!Where to buy CBD Oil in Nebraska If you live in Nebraska and you’re looking to buy CBD oil to help with your health, you’re in luck. Just read through this guide to find the best option available ]]>