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May 19, 2020

Is CBD Oil Legal in Nebraska?

We wish there was a straight answer to this, but the legality of CBD oil in Nebraska is currently in limbo. So the answer is maybe.

We wish there was a straight answer to this, but the legality of CBD oil in Nebraska is currently in limbo. So the answer is maybe. Though hemp has been approved for cultivation and processing, there have been bills that pushed Nebraska’s CBD situation into a state of ambiguity.

So it isn’t necessarily a question of is CBD oil legal in Nebraska, but why are there complexities behind the legitimacy of CBD oil in the state? Follow along as we dive more into the details. 

Complexities Behind the Legality of CBD in Nebraska

You might be wondering, if the 2018 Farm Bill was passed, then why is the state of Nebraska’s CDB status a “maybe”? On a federal level, hemp and hemp-derived products are legal. Though the 2018 Farm Bill created wider access to industrial hemp, states can still pass their own regulations to ban hemp and CBD products. Understanding Nebraska’s laws about CBD can help you understand the complexity around its legality. 

April 2014 - LB 1001

LB 1001, which was approved by Governor Dave Heineman in April 2014, helped steer Nebraska towards hemp production. This reclassified hemp as an agricultural product and allowed universities and the State Department of Agriculture to cultivate industrial hemp as part of an agricultural pilot program. LB 1001 focused on hemp growth specifically for research and development purposes only—commercial production of hemp was not allowed.

May 2019 - LB 657/Nebraska Hemp Farming Act

Governor Pete Ricketts signed LB 657, also known as Nebraska Hemp Farming Act, in May 2019. This legalized hemp cultivation and removed hemp as a controlled substance under state law. Specifically, it gave the Nebraska Department of Agriculture (NDA) the authority to grow, process, handle, and broker hemp in Nebraska. Those who are interested in growing hemp must obtain a license from the NDA. Otherwise, it would be considered illegal. 

Though LB 657 was in effect, state lawmakers still had to establish the rules, regulations, and committees behind the bill which is where the whole CBD issue began treading into murky territory. With several action items pending, there were questions this bill failed to answer such as how are THC levels in hemp going to be tested (to ensure that they are below 0.3% legal limit) and who would conduct the tests? 

Since these regulations weren’t established, the pilot program, or LB 1001, has still technically been in effect according to Douglas County Attorney Don Kleine

Charges Against Several CBD Shops

LB 657 created a lot of gaps, and Nebraska was standing in a puddle of ambiguity. Because it had no rules and resources yet to test the THC levels in hemp and hemp products, it created confusion and disagreements on whether or not CBD products were legal to sell and purchase. Several CBD shops were threatened by authorities but their charges were later dismissed due to the uncertainty behind the bill. 

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December 2019 - Nebraska’s Hemp Cultivation Plan 

On December 20, 2019, Nebraska submitted its hemp cultivation plan to the USDA. It outlined Nebraska’s plan on how it will abide by the 2018 Farm Bill (this removed hemp from the Controlled Substances Act and opened it up to interstate commerce). 

More importantly, it laid out how the NDA will:

  • Provide producer information.
  • Sample and test hemp.
  • Throw away hemp.
  • Inspect hemp producers.
  • Collect information on harvests.
  • Comply with enforcement provisions.
  • Make sure they have the resources and manpower to regulate all the above. 

Nebraska highway sign

Where Nebraska Stands Today & What This Means for Consumers

So the Hemp Cultivation Plan initiated actual rules and regulations around the cultivation and operation of hemp. This was officially put into place at the end of January 2020. The plan has allowed $236,000 to be collected in license fees for:

  • 270 cultivator licenses
  • 30 processor-handler licenses
  • 15 broker licenses
  • 400 cultivation sites
  • 50 processor sites
  • 90 site modifications

Also, plants should be tested within 15 days of the anticipated harvest date to ensure that THC levels are below the 0.3% legal threshold. 

CBD oil’s legal status remains unsettled in Nebraska. With the sites and licenses currently underway, hemp is still in the early stages of development and until it develops to a point where the state collects solid data around hemp cultivation, testing, and processing, the answer to is CBD legal in Nebraska continues to remain up in the air. As a consumer, though there are CBD shops in the state, since its legality remains unclear, proceed with caution and be sure to continuously educate yourself on the national and local levels of hemp regulation. 

Not All CBD Is Made Equal

Understanding where and how CBD stands in Nebraska is a reminder to keep a close eye at how the cannabis industry is evolving. Changes in the industry can change laws. And you want to stay vigilant with these shifts in order to acquire CBD brands/products that carry high quality and stay within legal boundaries. 

With the plethora of CBD options out there, it’s important to find products that ensure the safety and balance of your endocannabinoid system. There have been several issues such as synthetic cannabinoids, false advertising, and unlicensed hemp that have permeated the CBD industry. 

Hemplucid is not about that. We are in it for the long-run, and we are committed to providing you with quality products backed by lucidity and valuable education. Learn more about our products and enjoy CBD shipped right to your door.