Is CBD Legal in Nebraska?  Current Information on CBD in 2020 

Legality of the CBD in Nebraska

Are you wondering, is CBD legal in Nebraska? Without a doubt, the Cornhusker state has some very conservative views about cannabis compared to the rest of the United States. However, the 2018 Farm Bill that was signed into law by President Trump made CBD derived from hemp products legal nationwide at a federal level as long as they contain less than 0.3 percent THC. Within Nebraska, CBD that has been obtained from hemp is legal, but CBD extracted from marijuana is not legal and can carry severe legal consequences.  

2018 Farm Bill and CBD Legalization in Nebraska

Legalization of the CBD 2018

On December 12, 2018 hemp (Cannabis Sativa) was removed from the Controlled Substances Act which opened the door to legal hemp cultivation nationwide. In addition, the historic bill also allowed the possession, sale, and distribution of CBD derived from the hemp plant if it contains less than 0.3 percent tetrahydrocannabinol (THC).  Of course, eventually Nebraska honored the federal legislation of CBD and the state’s stores started to sell hemp-derived products. Now in 2020, CBD products are widely available for personal use by the state’s residents. 

History of Cannabis in Nebraska

The Uniform Controlled Substances Act of 2014 (LB1001) focused on marijuana and ensuring that it remained illegal in Nebraska. Hemp cultivation was legal when carried out by the Department of Agriculture and certain higher learning institutions within the state that used it for research purposes.

In 2015, the Nebraska statesman decided to allow CBD oils and concentrates derived from hemp that contains less than 0.3 percent THC for use by individuals or children suffering from intractable epilepsy. However, a physician’s prescription was required (LB 390) and the law only focused on CBD for medical issues and did not include medical marijuana use which remained illegal even for those deemed terminal.

FDA’s Approval of Epidiolex 

Nebraska Attorney General Doug Peterson was outspoken comparing CBD to marijuana but drawing the line at the FDA’s CBD approved drug Epidiolex which is used to treat certain childhood forms of epilepsy. Undoubtedly, when Epidiolex was approved by the FDA in 2018 for the treatment of childhood epilepsy disorders CBD, became more legitimized nationwide and helped to push the President’s decision to sign the Farm Bill in December of that year.

Sadly, the Nebraska Attorney General’s ongoing tirades caused many CBD store owners to face arrest by Nebraska officials even after federal law started to change. During the tumultuous period, everyone walked a thin line and worried about legal ramifications, but things would eventually change. 

The Nebraska Farming Act of 2019

To understand the status of CBD in 2020 in Nebraska, you must first look at the Nebraska Farming Act of 2019 which caused authorities to sit back and start evaluating the bill (LB 657). Overall, it was enough to stop the Nebraska Attorney General from speaking out against hemp or CBD so that the laws basically transformed. Retailers and users of CBD started to feel safer within the state as it became more acceptable by mainstream citizens, and, most notably, law enforcement. 

2019 Hemp Farming Legalization

Finally, in 2019, farmers rejoiced when Nebraska legalized hemp cultivation for grain, fiber, and cannabidiol (CBD) extraction. The only stipulation was that the hemp must contain less than 0.3 percent THC. Marijuana plants and CBD with higher levels of THC remain illegal. Despite the controversy in the state surrounding CBD, many farmers started to actively grow industrial hemp for a variety of purposes, including CBD extraction. 

Nebraska and Hemp Farming

The fertile soil and High Plains aquafer of Nebraska has made the ‘Bread Basket’ of America lucrative. However, farmers want to change their crop focus to hemp. Many farmers are tired of growing corn, sorghum, soybeans, wheat, and hay. With Trump’s trade wars with China ongoing, farmers have had entire silos filled with rotting products because there is no market for the produce. Hemp might be the saving grace of the region and a way to break away from America’s dependence on trade with China.  

Hemp is used for the following:

Those wishing to grow hemp no longer must concern themselves about the question, ‘is CBD legal in Nebraska?’ Many farmers consider hemp the crop of the future because of its widespread sustainability. 

History of Hemp

Nebraskan farmers are not banking on an unproven crop when they decide to grow hemp. In fact, hemp has an exceedingly long global history. The world’s oldest piece of fabric is woven from hemp and has been dated at 9,000 years old. During the middle ages, hemp was widely cultivated across Europe for use in ship sails, rope, textiles, paper, and more. The U.S. Constitution was even written on hemp paper. 

Sale of CBD in Nebraska 

Allowed to buy CBD

With the LB 657, the right ‘to possess, transport, sell, and purchase lawfully produced hemp products’ emerged. Within the profession, anyone can sell, buy, or own CBD within the state. Prior to the implementation of LB 657, the Nebraska governor, senate, Nebraska Attorney General, and law enforcement frowned upon CBD products and compared them to regular marijuana products. Their one-sided views made it hard for retailers and CBD fans but eventually, federal law won out. 

Behind the Scenes of the Nebraska Hemp Market

Prior to the implementation of the Nebraska Hemp Farming Act 2019, CBD was sold in the state but now you can find it just about anywhere. Today, places like smoke shops, vape stores, health food stores, and even fuel stations sell CBD. Even state-sanctioned brands like American Shaman have emerged as a leader and respected company in the CBD world.

Despite every step forward, CBD remains a gray zone in Nebraska and many residents of the state stay confused because of the roller-coaster ride caused by the government officials and law enforcement in the area.

Understanding LB 657 and Is CBD Legal in Nebraska?

CBD derived from hemp has become mainstream across the United States. In Nebraska, LB 657 is pretty clear cut. However, caution should still be exercised by sellers and buyers within the state. Ideally, everyone involved must stay up to date on the ever-changing situation. Even though things have simmered down, law enforcement and government officials could again revolt against legalized CBD. 

CBD Derived from Marijuana

CBD derived from marijuana remains prohibited within Nebraska. Within the state, the possession of one ounce of marijuana is classified as an infraction. Violators face a fine of up to $300 (first violation).  

Common Questions about Nebraska, Marijuana, CBD, and Hemp

Below you will find some of the most common questions asked about Nebraska, marijuana, CBD, and hemp. Most people are concerned with the state’s legalization of CBD and THC. Also, many are worried about hemp cultivation. Undoubtedly, hemp is forecast to become a leading crop in the U.S. It grows well and is eco-friendly. 

Understanding the Difference Between Hemp and Marijuana

Yes, both hemp and marijuana are cannabis. However, industrial hemp has been bred and cultivated to create a very fibrous plant that contains less than 0.3 percent THC. Hemp is used in the production of paper, material, and other items plus for CBD extraction. Farmers who cultivate hemp for CBD focus on organics and typically abstain from using pesticides, herbicides, or other chemicals to create a truly quality plant. The hemp plants regularly undergo testing to ensure that the THC levels remain below the required limit. 

Is Medical Marijuana Permitted in Nebraska?

Nebraska is very hard-nosed with marijuana and they are one of the few states that continue to drag its feet over medical marijuana. In 2020, many have been pushing to legalize medical marijuana but signature gathering efforts have been suspended due to the COVID-19 pandemic. Currently, the activists have until July to gather enough signatures to push medical marijuana. The future of medical marijuana for the year appears bleak. However, even with things up in the air about medical marijuana, at least CBD is available to the state’s population. 

Scientific Research on Use of CBD 

Many might view CBD as a fad herbal supplement, but the scientific community has taken notice of the cannabis cannabinoid. Research is ongoing but currently, studies have revealed the following benefits of CBD: 

Conclusions on the article

As you can see, the answer to, “Is CBD legal in Nebraska?” is not so easy. In recent years, there have been many changes and battles. However, currently CBD is legal in the state and federally throughout the United States and Status-CBD strives to stay up to date on the ever-evolving situation.

Useful resources and contacts:

Warning: the above material is considered reference only. They do not offer legal advice nor advertising services. Ideally, you should contact each one to determine the current 2020 laws and regulations within the state of Nebraska.