CBD Oil in Nebraska: Is It Legal and Where You Can Purchase?
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD Oil in Nebraska
- CBD was not legal in Nebraska until May 2019.
- People can get CBD in all forms in shops across the state.
- There is currently no regulation of CBD retailers in Nebraska.
- Hemp-derived CBD is defined as having up to 0.3 percent THC.
- The USDA approved a hemp-growing program in Nebraska for 2020.
Is CBD Oil Legal in Nebraska?
Everyone seems to be raving about CBD these days, but its popularity has been in conflict with laws all over the country. Regardless of the confusion (or perhaps contributing it in some states), you can buy CBD in almost any retail location you walk into.
CBD laws are currently in chaos everywhere in the United States, partly because no one seemed to be prepared to deal with the federal adoption of the 2018 Farm Bill, which differentiated hemp from marijuana. Hemp became legal to cultivate and process, and was put in the hands of the states to figure it out from there.
Legislators in most states assumed that federal guidance would follow, and the U.S. Department of Agriculture did provide guidance regarding hemp cultivation. However, there has been scanty guidance regarding CBD regulation from the Food and Drug Administration.
Now, many states are deciding how to regulate CBD on their own, and each state is working with its unique population and available resources to figure it out. While lawmakers work through the technicalities of regulating this new market, most law-enforcement agents are turning a blind eye to the sale of CBD because they know the laws will likely change in the near future.
Are There CBD Laws in Nebraska?
Nebraska is one state in which confusion has reigned over the last couple of years. In November 2018, Nebraska’s attorney general issued a memorandum reminding residents that hemp is no different from marijuana according to state law, and he instructed law enforcement to handle anyone selling or possessing CBD as such.
Fortunately for citizens of the Corn Husker State, Nebraska’s recent legislation, LB 657—passed in May 2019—changed matters so they were more in alignment with current federal standards. The bill separated hemp from marijuana and set up an infrastructure for a hemp-growing program in the state. It also allowed for the processing and sale of CBD products containing 0.3 percent THC or less.
CBD in Nebraska: Understanding Different Types of CBD Products
For people who appreciate small rituals to balance their day, CBD oil is the perfect product to help you connect with yourself and the day ahead. Penguin’s CBD oils are mild and smooth, without the strong bitter flavor many other brands have.
Choose between four flavors (citrus, mint, strawberry and cookies & cream) or use our natural flavor. Hold a dropperful under your tongue for a minute or two, or put it in your favorite recipes. With our oils, the choice is yours.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
If your day is a little more hectic or you prefer to spend your daily balance time doing something else, don’t worry. Penguin has a product for every lifestyle. Our CBD capsules are perfect for the days when you just need to get moving and don’t have time to think about your dose of CBD. Ten milligrams of our pure CBD formula is perfect for travel and busy days.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
Here at Penguin, we are all about balance, and our delicious sweet and tart CBD gummies are the manifestation of our products taking all of your needs into account. Maybe you want the satisfaction of a tasty snack, or you want the ritual of taking your CBD—but with a little more fun. Our gummies have got you covered. They are coated in sweet-and-sour sugar, and packed with 10mg of CBD.
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
Your self-care routine is missing something if you haven’t included skincare. Penguin’s CBD cream will have you ready to change that from the first time you use it. Our velvety-smooth cream locks in moisture and softens your skin, and the lavender-and-peppermint scent will have you feeling pampered all day long.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in Nevada
Industrial hemp is defined as having up to 0.3 percent THC. The 2018 Federal Farm Bill clarified this and instituted the beginning of a federally sanctioned hemp-growing program that states have the freedom to develop with approval from the USDA. The program is fairly comprehensive and based on several years of research from the pilot programs initiated by the 2014 federal bill.
States have had mixed levels of participation in these programs, and many have been slow to join due to the difficulty of creating a foundation of regulations to support participation. When states participate, they must have an approved set of regulations and enforcement in place.
Nebraska outlined its hemp-growing program in LB 657 , and the 2019 growing season was an experimental year. The state chose 10 growers out of 127 to plant hemp. The results of that season revealed that growers have a lot to learn about the best way to produce hemp that will pass THC limits in the state.
The USDA approved the plan for the 2020 growing season, and it will be interesting to see how farms adapt to the learning curve in the coming season. Though Nebraska has put together a robust set of regulations for processors as well, it will likely be some time before we see state-grown and -processed CBD in Nebraska.
Can I Purchase CBD Online in Nebraska?
Now that CBD has been accepted as a legal product in Nebraska, you can safely walk into any retail location and buy your CBD knowing that you have nothing to hide. CBD products of all kinds are everywhere, but that does not mean you should buy your CBD just anywhere.
When you shop online, you can take the time to do your research. In shops, it may be challenging to find the information you need in order to confirm the products you are considering come from a reputable company. This is especially true if you feel pressured by shopkeepers wanting you to make a decision.
CBD Oil in Nebraska
Even if you are generally the kind of person who simply chooses the most popular product and moves on with your day, you should spend some time researching CBD products. Consumer enthusiasm and a lack of information and regulation have led to an abundance of companies taking advantage of the situation.
Some companies use subpar ingredients and processing techniques that result in unknown chemicals finding their way into the CBD. Other companies label their products inaccurately because they do not invest in third-party lab testing for every batch.
Here at Penguin CBD, we take meticulous care to create a product you know you can trust. Our team of experts in agriculture, chemistry and a diverse array of other subjects works to select hemp grown naturally in the U.S. We use a no-fuss process to extract your CBD, resulting in a pure product labeled accurately every time.
Just check our third-party lab results to see that our products are exactly what we say they are. When you see the reviews of our products from happy customers and in top publications like Rolling Stone and Reader’s Digest, you’ll know you’re making the right choice and can place your trust in our products.
Final Thoughts About CBD in Nebraska
The Corn Husker State has been in a state of confusion about CBD since it became a hot market item a couple of years ago. In 2018, the Nebraska attorney general put out a memorandum in an attempt to clarify the state’s position on CBD, asserting that it was in fact illegal. Just seven months later, the Nebraskan state government passed legislation that set up the beginnings of a hemp-growing program and legalized CBD.
The regulation of CBD ends at the processing and packaging stage, however, and there is little being done to monitor its sale. While this is potentially a good thing for reputable retailers across Nebraska, it does not protect consumers, because shops can carry CBD from any other state and may not be conscientious in the products they select for sale.
Customers will probably not see CBD made from hemp grown and processed in Nebraska for at least another year or two, and they need to be careful about their purchases to avoid getting scammed.
Visit Penguin CBD’s website today to learn more about what kinds of products to look for when shopping for CBD in Nebraska. Browse our products, and feel free to reach out to us with questions at any time.
Wondering if it's legal to buy CBD oil in Nebraska? This guide will keep you up to date with all of the important facts.
Is CBD oil legal in Nebraska?
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- 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.
Is CBD oil legal in Nebraska? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Nebraska CBD laws Where to