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?
- 1) Nebraska Hemp History
- 2) Nebraska Marijuana Laws
- 3) Nebraska CBD Laws
- 4) Is Full Spectrum CBD Oil Legal in Nebraska?
- 5) Can I Get CBD Oil Mailed to Me in Nebraska?
- 6) Conclusion
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
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.
Is CBD Legal In Nebraska? [The Laws, Limit And Where To Buy]
CBD and hemp-derived products have increasingly become popular among cannabis enthusiasts. The enactment of the 2018 U.S. Farm Bill prompted more states to declassify CBD as an illegal substance as long as it meets the set standards. But is CBD legal in Nebraska ?
Yes, CBD is legal in the state as long as it’s derived from hemp and has a THC content below 0.3%, according to the Nebraska Hemp Farming Act. However, there’s still a lack of clarity with the bill because it doesn’t mention CBD directly. This has caused confusion among CBD sellers and enforcers on whether CBD is completely legal in Nebraska.
Since CBD can be derived from hemp or marijuana, the state considers CBD extracted from marijuana illegal. Unlike its progressive neighboring states, such as Colorado who have legalized cannabis recreationally, Nebraska classifies marijuana as a Schedule 1 controlled substance and doesn’t have a medical marijuana program.
So before you buy any CBD products in Nebraska, what are the laws, limitations, and where can you buy the products?
What is CBD?
CBD is the non-intoxicating compound present in both hemp and marijuana. As one of the primary cannabinoids found in the cannabis plant, it’s the second most prevalent after delta-9-tetrahydrocannabinol (THC) .
While THC is associated with cannabis high, CBD is more popular because of its therapeutic and health benefits . Once consumed, cannabidiol interacts and binds with the body’s cannabinoid receptors, resulting in a wide range of benefits.
CBD comes in three major forms, CBD isolate, full-spectrum CBD, and broad-spectrum CBD. While Broad-spectrum CBD has most of the hemp plant’s naturally occurring cannabinoids, excluding THC, the full-spectrum alternative has the entire spectrum of the hemp plant’s naturally occurring cannabinoids, including THC.
CBD isolate chemically eliminates most naturally occurring cannabinoids from the hemp plant and only contains CBD.
Thanks to the federal legalization and growing demand for CBD products, this compound has been approved to treat seizures . In addition, more research is being done to support the fact that these products could help with anxiety, pain, and other disorders. It’s also becoming an essential component in helping to boost the overall immune system and the skin .
When purchasing CBD, you should know it comes in different forms, which have different effects and reactions to the body. You can buy them as gummies , edibles, CBD oil , cigarettes, or vape juice . Fortunately, all these products don’t have any psychoactive effects and contain 0.3% THC or less.
Is CBD Legal in Nebraska? [Laws & Regulations]
So what are the specific CBD laws in Nebraska? Is CBD legal in Nebraska 2021 ? Here’s all you need to know.
According to the Nebraska Hemp Farming Act, hemp-derived CBD oil products with 0.3% or less tetrahydrocannabinol (THC) are legal. However, they also need to be first tested and approved by the Nebraska Department of Agriculture to determine whether they meet this standard.
The state laws align with the federal 2018 Farm Bill, which removed industrial hemp from the Controlled Substances Act (CSA). However, despite this legalization, the Food and Drug Administration (FDA) does not approve the use of CBD products as dietary supplements. Because of this, most CBD brands are more cautious and provide disclaimers on their sites.
After the passing of the Farm Bill, states could make their own regulations about the sale and use of CBD. So, is CBD legal in Nebraska ? Let’s take a closer look at Nebraska’s laws.
Nebraska Hemp Farming Act, or LB 657
The Nebraska Farming Act, LB 657 , came into effect on May 30, 2019. Approved by Governor Pete Ricketts, this law aligned the state laws with the Farm Bill by legalizing CBD derived from hemp plants containing 0.3% THC.
In addition, it also allowed businesses and farmers to grow, handle, process, and sell hemp plants for commercial purposes.
According to the Nebraska Farming Act, hemp is defined as the Cannabis sativa plant, including viable seeds and all cannabinoids, derivatives, extracts, salts, and acids, with no more than 0.3% THC on a dry weight basis.
This act also requires the Department of Agriculture to submit regulations for hemp cultivation for federal approval under the Farm Bill.
Before the passing of the Nebraska Farming Act, the state had approved a hemp agricultural pilot program. According to this legislature, the state’s Department of Agriculture or approved state universities such as the University of Nebraska and Nebraska Medicine could produce and cultivate hemp.
This bill stated that CBD could only be sourced from or tested at the University of Nebraska Medical Center and dispensed by the Nebraska Medicine Research Pharmacy.
In addition, patients with treatment-resistant seizures could now access CBD; however, they are required to have a written recommendation from a physician licensed to practice medicine and surgery in the state. Currently, Nebraska allows the use of Epidiolex , which is FDA-approved to treat conditions associated with seizures and epilepsy.
While the above legislation focused on finding ways to regulate CBD use in Nebraska, there’s still a lot of confusion over what’s legal and what’s not.
For instance, months before the enactment of the Nebraska Farming Act, the Nebraska Attorney General Doug Peterson sent out a memo in 2018 stating that it was illegal to possess, manufacture, or distribute CBD in Nebraska unless it’s FDA-approved or authorized by the University of Nebraska Medical Center (UNMC).
However, after the passing of the hemp farming bill in 2019, the Attorney General is yet to issue any new memo to provide further clarification.
In addition, the Farming Act doesn’t mention CBD directly. Because of this lack of clarity in the language used, there’s confusion over whether it’s legal to possess, use or distribute these products.
Before you grow, market, and transport industrial hemp in Nebraska, you must apply for a Nebraska Department of Agriculture license.
Your application should include details such as your full name, address, telephone number, email address, square footage of the greenhouse or indoor space to be used for cultivation, maps showing the cultivation site, location ID, and GPS coordinates for each field.
As an applicant, you’ll be required to pay a non-refundable application fee, processor-handler fee, site registration fee, and site modification fee to the Department of Agriculture. Furthermore, you should be at least 18 years old to qualify for the processor-handler, cultivator, and broker license applications.
It’s advisable to abide by these rules to avoid getting into trouble with the law. If you are caught selling unapproved CBD products in Nebraska, it’s considered as sale of a controlled substance under the law. The penalty for this type of crime in the state is a $25,000 fine and a prison sentence of one to 20 years.
Before you harvest these crops, the state of Nebraska requires that the hemp plants undergo testing to confirm that they meet the set amount of THC. A facility approved by the department should do the testing.
If the test results show that the product is above 0.3% THC, the department will ask the licensee to conduct further tests or destroy the non-compliant plants.
What is the CBD Possession Limit in Nebraska?
In Nebraska, possession of hemp-derived CBD is legal as long as it’s cultivated under the required state regulations. However, if you are caught with CBD from non-regulated sources is treated as possession of a controlled substance ; therefore, you could be imprisoned or fined after conviction.
First offenders found in possession of 1 ounce, or 28.35 grams, or less of cannabis get a $300 fine, or it’s treated as an infraction. For second and third offenders, if you are found in possession of 1 ounce, or 28.35 grams, or less, the penalty is a $500 fine with five and seven days jail time, respectively.
If you are caught with more than 1 ounce to 1 pound, or 28.35 to 454 grams, of cannabis, it’s treated as a misdemeanor, and the result is a $500 fine and three months of incarceration. On the other hand, if you have 454 grams or 1 pound of cannabis, this is a felony that comes with penalties, including a $10,000 fine and five years prison time.
Where To Buy Best CBD Products In Nebraska?
If you just moved to the state, you might be wondering where can I buy CBD in Nebraska ?
While the CBD laws and regulations are blurry in the state, you can legally source CBD products from licensed sellers and cultivators. It’s available in physical and convenience stores as well as online retailers. However, before sourcing CBD products from these retailers, you need to confirm whether they meet the requirements of the Nebraska Hemp Farming Act.
Check For Licenses
To avoid getting into trouble with the law, you also need to check if the hemp is sourced from a licensed hemp grower. When purchasing these products, also check the packaging, which should include details such as the amount of CBD per serving, the list of ingredients, recommended dosage, CBD type, and manufacturer’s name.
A reliable seller will be transparent with their licenses and accreditation from the Nebraska Department of Agriculture and US Department of Agriculture (USDA) to prove that the products are legitimate.
Check Labelling and Packaging
Whether you are buying CBD joints , gummies , or CBD products for your pet , you need to ensure that they are also safe for use. To confirm this, you should request for the product’s certificate of analysis (COA) if it’s not available on the brand’s website. You can use the COA to verify the actual amount of CBD and whether it matches what’s indicated on the label.
Since you are in Nebraska, the THC content should not be more than 0.3%, according to the Nebraska Farming Act and federal Farm Bill.
To confirm the safety of the products, also check whether they have undergone third-party lab testing. These results indicate that CBD products are free from heavy metals, pesticides, residual solvents, and other harmful contaminants. This is also a precaution because some retailers engage in false advertising when it comes to CBD products.
If you are in Nebraska and would like to order products from a reliable store like CBD Genesis , here are some of the products you can order.
Pinnacle Hemp – CBD Tincture w/ MCT
If you want to buy CBD Tinctures, you can start with the Pinnacle Hemp – CBD Tincture w/ MCT . The world-renowned all-natural full spectrum CBD also comes with MCT oil. It is made from the highest quality hemp from the Rocky Mountains of Colorado.
In addition, it’s non-GMO and made with certified organic hemp. The product is also 3rd party tested; therefore, it’s safe for use.
Active CBD Oil Roll on – 500mg
If you are a CBD enthusiast, you should definitely test our new Active CBD oil Roll on topical! Packaged in a 10 ml container, it contains 500mgs of pure CBD. It’s also infused with organic peppermint extract and doesn’t contain any THC. This product is pretty easy to use when applying to the affected area.
Pinnacle Hemp – CBD Tincture
Produced in the Rocky Mountains of Colorado, the Pinnacle Hemp – CBD Tincture is made from the highest quality of hemp. It’s non-GMO and contains certified organic hemp. Additionally, it has been 3 rd party tested; hence the all-natural full spectrum is also safe for consumption.
It contains less than 0.3% THC; therefore, it’s legal in Nebraska.
What is the CBD law in Nebraska ? You now have a clear picture of how this state regulates the use of CBD products. As long as you abide by the guidelines in the Nebraska Farming Act, you won’t get into any trouble with the law.
Hemp-derived products are legal, but one is required to get the correct licenses before proceeding to cultivate, process, or sell CBD products. When buying products, you also need to be cautious to avoid legal trouble.
Now that you know the answer to the question – is CBD legal in Nebraska ? If you are in Nebraska, it’s much easier to order products online from reliable sources such as CBD Genesis . We can ship CBD joints , vape juice , gummies , or tinctures to your location today.
Best 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.