Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.
Cannabidiol, also known as CBD, is becoming a more and more popular option for people who are managing a range of issues and conditions. Many people in Nebraska and elsewhere feel that it can help with chronic pain, insomnia, anxiety, depression and other issues. And, since it is nonintoxicating, CBD can be used throughout the day. CBD also does not show up on most drug tests. But, any time you are considering a new remedy, it’s best to ensure that it is legal and available in your area. Is CBD legal in Nebraska? This is the most recent information that we have found.
Is CBD oil legal in Nebraska?
Yes, CBD oil is legal in Nebraska. All hemp-based CBD and other hemp-derived products can be sold in the state as long as they are tested and approved by the state’s Department of Agriculture. There are no age or quantity limits for purchasing CBD products in the state.
At the current time, marijuana-derived CBD products remain illegal, as Nebraska does not have a medical or recreational marijuana program.
What are the current CBD laws in Nebraska?
Under the Nebraska Hemp Farming Act, which was signed into law on May 30, 2019, hemp can be cultivated, processed and old in the state of Nebraska. Under the law, all products must be tested and approved by the Nebraska Department of Agriculture.
Current hemp and CBD law aligns with the 2018 federal Farm Bill. Under the Farm Bill, hemp has been recategorized as an agricultural commodity instead of being considered a controlled substance. To be legally categorized as hemp, products must contain less than .3% THC by weight.
Industrial hemp was first grown in Nebraska in 1887. It was a commercial crop in the state until Nebraska enacted its first cannabis law in 1927. Nebraska first liberalized its marijuana laws in 1969 when they reduced first-time possession to a misdemeanor punishable by no more than seven days in jail.
An attempt at medical marijuana legislation was first made in 2015 with the Cannabis Compassion and Care Act. This legislation would have allowed patients with certain serious illnesses such as cancer, glaucoma and hepatitis C to use marijuana in pill or liquid form. Smokable flower would not have been permitted under the law. Although the bill initially had a 27 to 12 vote in favor, it was held off because of conflicting legislative priorities and strong opposition from Governor Pete Ricketts. Eventually, it was blocked by Senate filibuster.
A medical cannabis measure was to appear on the state’s 2020 ballot. However, the state Supreme Court invalidated the measure for containing more than one question, which is a violation of Nebraska law.
At the same time Nebraska was debating medical marijuana policy, there were also attempts to return hemp to production in the state. Hemp researchers have repeatedly noted the presence of feral hemp plants throughout the state. These plants are low in THC and are colloquially described as “ditch weed.” Hemp researcher David West recommended that farmers gather and store seed from these feral hemp plants prior to legalization of hemp in the state, as he believed it would help rebuild the stock of indigenous cannabis in the state.
In 2001, a bill was proposed that would allow any individual to plant, grow, process, possess and sell industrial hemp as long as it contained no more than .3% THC. However, the bill died in committee.
In 2014, the federal Farm Bill allowed for research into the benefits of hemp cultivation. Nebraska passed its own law that would allow the growth and cultivation of industrial hemp by the Department of Agriculture or a postsecondary institution. The bill was signed into law by Governor Heineman on April 2, 2014.
Once the 2018 federal Farm Bill passed, states were given far more leeway in hemp production. While hemp was legalized on the federal level, states were left to administer and regulate their own hemp programs. Nebraska passed the Nebraska Hemp Act, which established hemp as an agricultural product within the state. Under the law, licensed individuals can grow, process and handle hemp.
While the new law allowed for the sale of hemp products, including CBD oil, law enforcement was not initially sure whether the products were legal. One store owner offering CBD products was charged at least three times by law enforcement officers who maintained that the CBD products were not legal under Nebraska state law. However, charges were dismissed all three times.
Before the Nebraska Hemp Farming Act was passed, the state Attorney General Doug Peterson issued a memo that state that, unless CBD was considered an FDA-approved drug, it was still considered a Schedule 1 substance by the state. No update or clarification on the statement has been issued with the passage of the hemp bill. To our knowledge, no person has been convicted for hemp or CBD products in Nebraska.
Can I purchase CBD oil in Nebraska?
Yes, you can purchase CBD oil in Nebraska. While the Attorney General has not updated his position that CBD is a Schedule 1 substance, it is widely available throughout the state. CBD products can be purchased in convenience stores, health food stores and specialized vape and CBD outlets. There are no quantity possession limits, nor are there age limits for purchasing CBD in Nebraska.
Additionally, CBD products can be purchased online and delivered to your address in Nebraska. Many people opt to purchase CBD online because they are able to find a wider variety of products or to find better pricing than may be available in the local area.