2021 Update:
No updates have been made to hemp- CBD laws in Nebraska since March 2019. The Nebraska Hemp Farming Act or Legal Bill 657 was signed into law in March 2019, allowing the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Nebraska Hemp Laws and the legality of CBD in Nebraska, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Nebraska
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Nebraska?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
As of 2018, CBD is illegal under Nebraska hemp laws. The state does not differentiate it from marijuana which means possessing or selling it could lead to major criminal penalties in a state that is not lenient on cannabis. The state Attorney General explained:
Therefore, with the exception of Epidiolex oral solution, cannabidiol or any product containing cannabidiol, obtained by any means other than the authorized UNMC study, remains illegal to possess, manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense. Such conduct is subject to prosecution for illegally possessing or trafficking a Schedule I controlled substance.
Despite this, CBD stores to exist in Nebraska. The state has a hemp cultivation research program pilot which does indicate that hemp is exempt from the definition of marijuana Nebraska hemp law Legislative Bill 657 was passed in 2019 seemingly clearing the way for CBD products to be sold legally in the state. Time will tell if the state decides to release more specific guidance on CBD products. At this time they appear to be legally permissible.
Is It Legal to Ship PCR Hemp Oil to Nebraska?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Nebraska?
Nebraska CBD stores and online retailers can be used to purchase CBD hemp products.
Do you need a special license to purchase PCR Hemp Oil in Nebraska?
You don’t need a special license to purchase CBD hemp oil (all types) in Nebraska, only to grow, test, or sell products.
How Does Nebraska Legally Define Hemp?
Hemp means the plant Cannabis sativa L. and any part of such plant,
including the viable seeds of such plant and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or
not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3
percent on a dry weight basis. Hemp shall be considered an agricultural
commodity. Notwithstanding any other provision of law, hemp shall not be
considered a controlled substance under the Uniform Controlled Substances Act;Legislative Bill 657 (“LB 657“)
Growing and Selling Hemp in Nebraska
Nebraska hemp growers and handlers must be registered and licensed with the state. They have a defined legal process to follow.
Retail Hemp and CBD products must comply with Nebraska hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- Final CBD hemp products are not regulated (at least not by the Nebraska Department of Agriculture)
In addition to Nebraska state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Nebraska state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Like many states, Nebraska is trying to figure out how to regulate CBD products in a way that pleases the FDA, consumers, farmers, manufacturers, and retailers. And also like many states, CBD products are widely available despite their contested legal status.
The most unusual aspect of the CBD industry in the US is how such a massive and profitable industry can languish without clear regulation across 50 states with 50 different unique requirements. How long will this hemp market madness keep up? No one truly knows, but it will surely take some time for the federal government to get itself together amid its numerous other problems.
