Marijuana and CBD Laws in Nebraska [Complete 2021 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 is reluctant to change its stance on marijuana, which has been a banned substance since the early 20 th century. 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.
Read on to learn everything you need to know.
Is Marijuana Legal in Nebraska?
Cannabis plants have a long history in Nebraska. When settlers arrived in North America, they often planted hemp on their land. For those who don’t know, hemp is a species of the cannabis plant that doesn’t produce large quantities of the psychoactive cannabinoid, THC.
Records from the USDA indicate that hemp was planted in Nebraska in 1887 by settlers from Illinois. Traditionally, farmers grew hemp for cloth and textiles.
In 1927, the state of Nebraska banned cannabis. Not only did this ban prohibit marijuana, but it also led to 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 used to be. In 1969, Nebraska eased the restrictions to mean that first-time possession is not a serious offense. It can still land you with up to seven days in jail.
A few years back, 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 (along with Oklahoma) attempted to sue Colorado in the Supreme Court. The Court intervened and denied the request to proceed with the lawsuit.
To complicate matters further, some counties are more receptive to marijuana than others. A handful of attorneys take the view that minor cannabis offenses are not worth prosecuting, while others take a much harsher stance.
It seems that marijuana in Nebraska is a bit all over the place. However, there is a growing push for the state to legalize medical use of the herb.
MMJ in Nebraska
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. Earlier last year, an organization called Nebraskans for Medical marijuana submitted a petition to the secretary of state. Over 182,000 Nebraskan voters signed the petition, suggesting growing support for MMJ in the state.
While medical marijuana is currently not an option, it may be a case of watching this space. It could be just a matter of time before radical changes are made.
For now, some Nebraska residents are wondering whether they can use CBD instead. After all, some proponents refer to CBD as “healing without the high.” Contrary to popular belief, CBD products are not legal in all 50 states. To understand why, you need to recognize the differences between marijuana and CBD.
What’s the Difference Between Cannabis and CBD?
Technically speaking, cannabis is a plant whereas CBD is a compound. The Cannabis sativa L plant has different subtypes, including marijuana and hemp. Both of these cannabis species produce cannabinoids, which are active compounds unique to cannabis plants.
Marijuana is high in a compound called THC. This cannabinoid can cause intoxication when consumed, leading to the ‘high’ for which marijuana is famous. THC allows users to enjoy marijuana recreationally.
CBD is present in marijuana, but usually in very low quantities. It exists in much higher concentrations in hemp. Unlike THC, CBD does not cause intoxication. Numerous reports, both anecdotal and scientific, are starting to suggest that CBD may have therapeutic benefits.
Since marijuana is federally illegal and difficult to grow in large quantities without intervention from the government, CBD manufacturers must use hemp. It also ensures that producers can make a product with lots of CBD and little to no THC.
Until recently, the hemp in CBD products had to be imported into the USA, but that changed with the 2018 Farm Bill.
What the 2018 Farm Bill Means for Hemp in Nebraska
Many online reports imply that the Farm Bill made hemp and CBD legal. This is a bit of an oversimplification.
The Farm Bill is a piece of federal legislation outlining agricultural practices in the USA. It’s updated every four years, 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 hemp plants contain less than 0.3% THC. Under this definition, the Act allows states to make a decision regarding hemp cultivation and the production of CBD. This opens a pathway for states to think about the sale and use of CBD products.
In Nebraska, it led to the Nebraska Hemp Farming Act, which entered law on May 30, 2019. Prior to this Act, only universities could cultivate hemp for research purposes. Following it, however, 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 does not mention CBD specifically at any point, though, causing quite a bit of confusion. So, can you use CBD in the Cornhusker State?
Is CBD Oil Legal in Nebraska?
There’s a lot of confusion regarding this question. Before the Nebraska Hemp Farming Act passed, Republic Attorney General Doug Peterson issues a memo that said CBD is 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 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. However, some law enforcement officials have been quick to raid CBD shops under suspicion that they’re selling illicit substances. It’s hard to know the truth.
There has been 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 will be 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 of it is this: Hemp-derived CBD products seem to be okay as long as they’re approved by the relevant authorities.
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. This synthetic cannabinoid has been approved by the FDA. 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.
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 produce products in accordance with the Farm Bill.
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.
Unlike some other states, Nebraska doesn’t appear to have a ban on particular consumption methods. However, the 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.
Final Thoughts on CBD Products and Cannabis 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 are enjoying 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 MMJ in Nebraska, and a petition was recently submitted. Perhaps we will see big changes some time soon.
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.
CBD Oil Nebraska 2021 – Is It Legal & Where To Buy?
CBD oil and cannabis-derived products are some of the most popular health and wellness products being sought for on the current market. CBD is available in all 50 States in the U.S. and in 40 countries around the world. In fact, the hemp market makes an average of $500 million annually.
In Nebraska, you’ll find only a few CBD shops. However, with CBD getting more popular by the day and its significant health potential, affordability, and varieties, the CBD market in Nebraska could accelerate.
Meanwhile, due to the limited number of CBD shops in this state, you can still quickly and conveniently get CBD oil online. Most online CBD sellers are wholesale retailers who create an affordable means for you to buy premium C.B. oil in bulk.
You can find CBD oil in capsules, edibles, tinctures, concentrates, balms, wax, and more. With excellent delivery services, you can have CBD oil shipped right to your doorstep for a small additional fee.
Horrors of Buying CBD Oil Locally in Nebraska and Why You Should Buy Online?
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If you are arrested in possession or using CBD oil in Nebraska, the real problem won’t be just the arrest but the public humiliation of the arrest and the time law enforcement will take to test what was confiscated from you.
Law enforcement will treat an investigation of CBD oil in the same manner as they would a narcotics investigation. Hence, the government has to prove that the substance they found on you is without reasonable doubt, an illegal substance in the court of law.
The time and procedure they use to prove this could take months. Even though they discover that it wasn’t CBD, you will still have spent time in jail for a period of time. Law enforcement, in this regard, targets vape shops because most vape shops advertise CBD products too.
In December 2018, a mother and son made headlines after they were arrested in Nebraska for opening a vape shop in Scottsbluff after they had mistaken the knowledge of law about CBD products as per the Farm Bill.
Luckily, under federal law, as of September 2018, it is legal to purchase or transport CBD oil products containing no more than 0.3% THC content across state borders. Hence it is much safer to purchase CBD oil online. However, before buying CBD products online do the following:
- It contains no more than 0.3% THC
- CBD oil is made from hemp only
- Reach out and gauge the commitment of the company’s customer support
- Check for third-party laboratory test reports
- Read online reviews
Benefits of Buying CBD Oil Nebraska Online
One of the best reasons why you should buy CBD oil from an online retailer is because you will have a variety of options to choose from. Your local marijuana or CBD store will only stock CBD products depending on the demand, preference, and taste of people living in that area.
The store could also have a particular brand that endorses the store, and also, due to the laws against marijuana products in Nebraska, they may fail to have a specific type of CBD oil. They are also limited to keeping these products available only for a short period of time to avoid rubbing shoulders with the law.
Hence, with store hoarding particular products, you will be limited to buying the available products only even though that’s not what you wanted. This is why online CBD shopping should be an option. Besides living in the state of Nebraska, online purchases from an online CBD store could be the only safe option you have.
Online shopping is also a better option for people with special needs who can’t drive or leave the house. With online purchase, all you need to do is click on the product of your choice, and thanks to delivery and shipping services, you will receive the product conveniently at your doorstep.
Online shopping will also reduce the number of people you have to talk to when considering buying CBD oil. Nebraska has tight laws on this, and the best way to protect yourself is to make sure no one knows about your intention to procure CBD oil.
You will also be able to choose the type of CBD oil you want. The two types often available include the full-spectrum and isolates. Full-spectrum CBD oil will contain no more than 0.3% of THC. If you work in a place where random drug tests are made, note that full-spectrum CBD can trigger the drug test results.
Hence, those whose jobs require drug testing should avoid full-spectrum CBD and opt to isolate CBD oil, which is free of THC. Isolates are also better for people who are sensitive to other compounds.
Online shopping will expose you to different brands you can choose from. You will be able to research the reputation of a brand, know where they’re located, know who is behind the brand, and how transparent they are about their products.
You will be able to access third-party lab results before buying the products. These results help prove that the brand’s CBD oil has met quality standards. Hence, if you’re looking for hemp that has been purely extracted, has a high concentration of CBD and low THC concentration, then the easiest way to make sure of this is by checking the third-party lab results.
Most importantly, you will have the option of choosing a product that is within your budget. Buying online has always been a great way to do comparison shopping before settling for a product.
However, remember that producing high-quality CBD oil is expensive, so if you notice the price tag is suspiciously low, it could mean that the manufacturer is cutting corners on concentration levels and extraction methods.
Hence, make sure to always do your homework first. You will ever get what you pay for. We aren’t advising you to ignore a friendly deal, but sometimes the low prices scream rip off.
Is CBD Oil Legal in Nebraska?
It is federally legal to cross borders with Hemp oil so long as it is THC-free or contains less than 0.3% THC. Provided the bottle is made of hemp, only you can also have it shipped directly to you. However, any other form of marijuana products meant for any other purpose is illegal.
If you intend to buy or use CBD or medical marijuana in any other form other than the FDA approved Epidiolex, Nebraska is a very unfriendly ground. It is one of the most conservative states. The Nebraska Senate is dominated by Republicans who are famous for conservative policies.
In this state, many people are openly opposed to legalizing CBD or CBD by-products for any kind of use by the general public. They only have one legal document, the Legislative Bill 1001, passed in 2014.
The legal document classified industrial hemp as an agricultural product, allowing universities to cultivate hemp under the Department of Agriculture and a pilot program allowing less than 0.3% THC content.
In 2016, two very comprehensive medical proposals, LB 622 and LR293CA, were impeded to implement a medical marijuana program in the state. Since then, in regards to CBD or medical marijuana, there has been no other legal documents presented to the Senate.
Hence, in the state of Nebraska, you can be charged with a class four felony if found selling or using a product containing CBD as it is considered a controlled substance. People aren’t allowed to possess or distribute it. Identifying CBD as a controlled substance makes it look and be treated like marijuana.
There is suspected to be another legislative bill that could hit the Senate soon. However, no details have been presented to the public domain about the bill, and the date is not fixed. The only CBD oil allowed in Nebraska is Epidiolex, a drug approved by the FDA to treat a severe form of epilepsy. This drug can only be obtained from a healthcare provider.
Nebraska Medicine and the University of Nebraska are the only other places where CBD or cannabidiol can be handled. Even then, the people identified to do so are supposed to be participants in the medical cannabidiol pilot study.
Anyone else found in possession of CBD in these premises will be arrested for possession of an illegal and controlled substance. The on-going pilot study studies a new drug that might treat conditions like multiple sclerosis, Parkinson’s disease, and anxiety.
While CBD may or may not have these medical advances and properties, in the eyes of the Nebraska law, it is still treated as an illegal substance and contraband. However, just like in most states, you will still find a few retailers and shops in Nebraska who store and sell CBD oils.
Some genuinely think that it is legal and advertises the products as legal in front of their stores. However, law enforcement can raid such vape stores and treat the owners as criminals in possession of marijuana.
One store owner was raided but used one legal loophole where CBD oil had not been termed concisely as marijuana in the legal jargon. Marijuana includes all parts of the cannabis Sativa plant in the Nebraska Revised Statute 28-401 (13), but it doesn’t include mature stalks of the plant and hasn’t listed CBD oil as a controlled substance.
Even so, commercial production of hemp has been allowed and legalized in the 2018 Farm Bill. However, the bill falls short of creating a clear framework for implementation in individual states. Luckily, the bill removed industrial hemp from the controlled substance list. In this case, State Laws are crucial in allowing cultivation, extraction, and usage of CBD oil.
Even so, transportation of marijuana is still cataloged as contraband in Nebraska, and thus a stamp tax applies in this case. Anyone found transporting, importing, or buying marijuana in Nebraska is subjected to this stamp tax under Nebraska Penal Code 77-4301.
Hence, if found, you will have to pay the stamp tax and present proof of payment, and the contraband will end up in possession of the state under illegal substances. After you pay the stamp tax, you will be liable for paying unpaid taxes as well as $100 for each ounce over six ounces of material that was found in your possession.
Where to Buy CBD Oil in Nebraska?
Unless you want to test the effectiveness of the state of Nebraska laws and end up in jail, the simple answer to this question should be ‘nowhere.’
However, there are a couple of retailers playing the wait and watch game and are selling CBD oil off their stores. Some of these irrepressible places include:
- CBD American Shaman of Omaha S 96 th – Address: 4721 S 96 th St, Omaha, NE 68127
- The CBD Oil Shop – Address: 1001 Farnam St Omaha, NE 68102
- CBD Remedies – Address 2723 N 48 th St, Lincoln, NE 68504
- The Vitamin Shoppe – Address: 6105 O St, Lincoln, NE 68510
- Habitz Glass & Goodies – Address: 4446 S 84 th St, Omaha, NE 68127
If you want to buy or use CBD oil in Nebraska, we recommend ordering it online. While you order CBD oil online, make sure that it is made from hemp and has less than 0.3% THC. While accessing CBD oil even for health purposes is hard in Nebraska, we hope that the laws will eventually follow the legal documents for other states and ultimately allow residents to use this health-giving product sooner rather than later.
Frequently Asked Questions
No. CBD oil doesn’t cause mind-altering effects, unlike marijuana. THC (tetrahydrocannabinol) is a psychoactive component found in the cannabis plant. This is the compound known to cause a high, not CBD. CBD contains less than 0.3% THC, which isn’t strong enough to cause a euphoric high.
Research shows that CBD only has a few adverse effects. Generally, it has an excellent safety profile, and the potential side effects are mild. However, taking too much CBD can cause adverse reactions, even though they are rare. Hence, it is essential to make sure that you take the right amount of CBD to avoid unwanted side effects.
Though most people refer to CBD oil like hemp oil, there is a difference between the two. There is hemp oil that contains CBD, which is useful. While there is also hemp seed oil, which doesn’t have therapeutic potential as CBD oil, they are also made differently.
Doctors with a license to work in Nebraska aren’t allowed to prescribe CBD or cannabis-derived products. However, they can support patients with intractable epilepsy by giving them a certificate to use the FDA approved drug containing CBD. Any doctor who does the contrary will risk losing their license or could end up facing trial.
About Keith Myers
Keith J. Myers is Editor in Chief of the Health Canal. He has overseen and directed the editorial growth and skill of this website since 2012. Before joining Health Canal, Keith was a writer and editor who covered topics in CBD, health, science, and wellness.
How do you navigate buying and using CBD in a state where CBD and cannabis-derived products are illegal. We look at where to buy CBD oil Nebraska 2021