The signed Nebraska Hemp Farming Act allowed the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC. 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. 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
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.
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?
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.