CBD Oil In Nebraska

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Is CBD Oil Legal in Nebraska? We cover the legality of CBD in the state and laws that you need to be aware of before you buy. CBD laws in Nebraska are confusing, plain and simple. That makes a lot of people ask – Is CBD legal in Nebraska? We do our best to answer!

Is CBD oil legal in Nebraska?

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

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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.

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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)

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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:

Is CBD Legal in Nebraska? Ask an Expert

Nebraska’s CBD hemp market remains one of the most highly restricted when it comes to cannabis law enforcement. According to Nebraska state laws, marijuana remains illegal, and medical cannabis is not available despite its purported health benefits. This is largely due to Nebraska being a conservative state that borders Colorado, where the marijuana cannabis plant is totally legal. In the midst of that backlash, where does that leave CBD oil? Is it legal to buy CBD oil in Nebraska?

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Hemp cultivation is federally legal in all 50 states since the passage of the 2018 Farm Bill. That means that hemp is now defined as strains of the cannabis plant that are less than 0.3 percent THC, short for tetrahydrocannabinol. The Farm Bill opened up cannabidiol CBD oil to national sale. Even so, individual states have their own restrictions on hemp farming and regulations when it comes to CBD and THC.

After November 2020, Nebraska is now bordered by two fully legal marijuana states, after South Dakota voters decided to legalize medical cannabis and recreational marijuana at the exact same time. Missouri, which borders Nebraska to the southeast, also has legalized medical marijuana. Even Iowa to Nebraska’s east has a limited medical marijuana program. So what does that all mean for CBD oil in Nebraska? Is legal to buy CBD in Nebraska?

Nebraska Hemp History

Historically, Nebraska participated in America’s industrial hemp economy before prohibition took it away from Nebraska farmers. Even though by the second decade of the 20th century, American hemp cultivation was in decline because of competition from cheaper alternatives grown internationally.

“The reason for the decline, think department officials, is the lack of labor-saving machinery to care for the hemp crop, the increased profitableness of other crops and the lack of special knowledge and skill required to handle hemp,” according to the Nebraska Farmer from 1914. “At one time a large acreage of hemp was grown near Havelock, Nebraska, but now the industry has entirely disappeared from that locality. It is believed that under proper conditions hemp culture may be quite profitable to farmers.” 1 Havelock is now a suburb of Lincoln.

Nebraska Marijuana Laws

The marijuana plant is now decriminalized according to Nebraska law, but it is still illegal. Multiple failed attempts to get medical cannabis onto the November ballot have delayed any additional progress. In late 2020, after the Nebraska Supreme Court removed medical cannabis from the 2020 ballot, leaders of Nebraskans for Medical Marijuana wasted no time to submit a new petition for 2022. 2

Possession of marijuana in Nebraska, one ounce or less, is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course instead of jail time. 3 According to the ACLU, African Americans in Nebraska are nearly five times as likely to be arrested for marijuana possession as their white neighbors, despite similar use rates. 4

Nebraska CBD Laws

In late 2019, the Nebraska Hemp Farming Act was passed which legalized hemp production and sale of hemp products in the state, following the guidance of the 2018 Farm Bill. 5 The Nebraska Department of Agriculture issued 10 licenses to farms scattered across the state to try growing hemp, which once grew well in the Cornhusker state.

The Wiles family farm near Plattsmouth, Nebraska was one of the 10 issued a license. Plattsmouth is just south of Omaha. In October 2019, Paul Hammel of the Omaha World-Herald reported from the Wiles’ farm.

“The nearly 284 hemp plants — affectionately called ‘my girls’ by grower Annette Wiles because they’re all female plants — are part of a modest pilot project authorized by the state this year to see if the pungent, stalky plant that looks and smells like marijuana can become a viable commercial crop,” Hammel wrote for the World-Herald. 6

Advocates criticized the state for opening up only 10 licenses for the 187 farms that applied. But in early 2020, federal officials approved Nebraska’s hemp plan, which opened the door for the Nebraska Department of Agriculture to issue more licenses to produce hemp and its products in the state. 7 As with many other agricultural states, Nebraskans view hemp and the future cultivation of marijuana with cautious optimism as a boon to the state’s economy. The Nebraska Hemp Farming Act was a good step in the right direction for realizing this future.

But Is Full Spectrum CBD Oil Legal in Nebraska?

As of the end of 2020, no one can say with absolute certainty whether it’s legal to buy CBD oil in Nebraska. For starters, the state Attorney General, Doug Peterson, issued a memo in November 2018 declaring that all CBD oils were still considered to be on the Schedule I controlled substance list. 8 His office has not issued any clarifying information since the creation of the Nebraska hemp program in 2019, or its federal approval in 2020. 9

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Can I Get CBD Oil Mailed to Me in Nebraska?

Because of confusion about Nebraska CBD oil laws, it’s natural to wonder if it’s legal to receive CBD oil in the mail to an address in Nebraska. To our knowledge here at Cornbread Hemp, the answer is yes. And here’s why: because CBD oil is legal under federal law according to the 2018 Farm Bill, the US Postal Service has affirmatively stated that it is legal to send hemp derived CBD products through the mail. 10 At no point has post offices advised against sending CBD oil in the mail to certain states.

After all, the mail box at your house is considered to be federal property. So federal law should win any contradiction between state and federal law. But please don’t consider this to be legal advice. If you order CBD products in the mail to an address in Nebraska, it is up to you to obey state law once you receive those products. (This blog is for informational purposes only.)

Online retail shopping for CBD oil remains one of the safest ways to buy CBD in Nebraska. Shopping online allows you to do your research, access reviews, and check out third party lab results to assure yourself that there are no fillers or artificial flavorings in your CBD oil. Cornbread Hemp tests every batch and publishes the reports right on our website for easy access.

CBD Laws in Nebraska: Conclusion

Nebraska remains behind a majority of the states that have more progressive THC, CBD, and cannabis plant laws. Several of its neighboring states have at least legalized medical cannabis under certain health conditions: Iowa, Missouri, South Dakota, and of course, Colorado, which has some of the most liberal cannabis laws in the country.

When it comes to buying CBD oil in the state of Nebraska, buying from online CBD retailers is one of the safest ways of procuring hemp derived CBD products. Reviews and test results are readily available online with responsible online distributors and retailers.

When you’re shopping for hemp derived CBD oil products, look for USDA certified organic, non-GMO CBD products grown from organic hemp plant flowers cultivated with no synthetic fertilizers or pesticides and with no extra flavoring, preservatives, or other fillers — like Cornbread Hemp CBD oils. Delivery by the USPS and UPS is speedy, legal, and safe.

About the Author

Jim Higdon, Co-founder

a native of Lebanon, Kentucky. He holds degrees from Centre College, Brown University, and Columbia University’s Graduate School of Journalism. Jim published Cornbread Mafia in 2012, full author bio here.

Is CBD Legal in Nebraska?

Yes, CBD is legal in Nebraska. This means that anyone can purchase or use CBD oil in the state without fear of breaking any laws. The only requirement is that the CBD oil you purchase contains less than 0.3% THC by volume, which ensures that it is federally legal in the United States to buy and use everywhere.

Is medical marijuana legal in Nebraska?

No. Medical marijuana is only legal in a select number of states and isn’t offered at all in Nebraska. The state will likely legalize medical cannabis once the wider legalization movement has caught on. The good news is that CBD oil is available to anyone who wants it

Is CBD Legal in Nebraska for Minors?

Yes. Anyone over the age of 18 is legally able to purchase and use CBD oil in Nebraska, even if they are a minor. This provides many parents with the opportunity to give their children relief from certain conditions and symptoms by giving them CBD oil products and extracts.

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