Are CBD Gummies Legal In Nebraska

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Nebraska has notoriously rigid cannabis laws, making it difficult to buy cannabis products. However, under the new Farm Bill, CBD is legal. As state officials begin clarifying its legality, hemp-derived delta-8 THC remains permitted in Nebraska.

Where to Buy CBD in Nebraska in 2022

If you’re looking for a reliable source of CBD in Nebraska, you’re reading the right article. Here, we’ll give you the answers to all your questions about the law regarding CBD and point you in the direction of a few trustworthy suppliers in Nebraska.

As the demand for CBD continues to grow, more players are entering the industry. It’s essential to keep yourself informed so you can avoid the scam artists trying to make a quick buck off of uneducated customers.
Generally, the best way to get high-quality CBD is by shopping online.

But before you rush out to place an order, it’s crucial that you understand the difference between the various types of CBD available.

2. All Hemp-Derived Cannabinoids Legal | Marijuana Illegal

Table of Contents

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Is CBD Legal in Nebraska in 2022?

Yes! CBD is legal in Nebraska. However, the law treats CBD differently depending on which type you possess.

As of 2018, under the Agricultural Act, industrial hemp is legal for farmers to grow as an agricultural commodity. Before this change, as we discussed above, industrial hemp was listed as a Schedule 1 drug alongside marijuana.

Now, you can legally purchase industrial hemp products, including CBD.

Before you rush out to place an order, let’s take a look at how you can protect yourself from sketchy CBD suppliers.

How to Find Quality CBD in Nebraska

If you’re looking for the best CBD products in Nebraska, there are a few things you need to know.

1. Only Order from Companies That Have Had Their Products Tested by an Outside Laboratory

This is the first thing you should look at when buying CBD. Third-party labs can check if the product contains any potentially harmful chemicals or additives and verify that the CBD in the product is equal to what is advertised. If it hasn’t been tested, don’t bother buying it.

2. Make Sure That Your CBD Contains Less Than 0.3% THC.

Under the Agricultural Act, you are only protected if your CBD has a THC content of less than 0.3%. In Nebraska, CBD containing more than 0.3% THC will be treated no differently than marijuana and could lead to trouble with the law.

3. Purchase Products Made Using CO2 Extraction

CO2 extraction is by far the best method for obtaining CBD. It doesn’t require any additional heat or solvents, which helps maintain its purity. Also, the equipment necessary to perform CO2 extraction is rather expensive, so it shows that the company is committed to a quality product.

4. Buy Full-Spectrum CBD Products

These oils are usually labeled as full-spectrum. Full-spectrum CBD products are better because they contain a wealth of other beneficial compounds, including terpenes and flavonoids. If it isn’t labeled as full-spectrum, you are likely going to miss out on these compounds.

Taking the time to do a little bit of research about your products will ensure that you get high-quality CBD every time. Additionally, you won’t waste your money getting ripped off by sketchy suppliers.

Online Shops

If you’re looking for high-quality CBD in Nebraska, we always recommend that you place your order online.

Online suppliers are easy to research, and therefore, it’s simple to verify that they are taking steps to produce legitimate CBD products. It’s difficult to perform a background check on products sold in-store which may, therefore, not be the best bang for your buck.

Additionally, you can often find better deals on CBD online. Opening a physical storefront is expensive, and the prices reflect that. Online shops can offer bulk purchase deals and special pricing that would be hard to match in-store.

Online suppliers can usually get your products out to you in a few business days. Go ahead, shop in your pajamas at 2 a.m. — no need to get dressed up and drive around town to pick up your products. When you’re running low on CBD, just hop online and order again in only a few clicks.

I know that, sometimes, there isn’t a substitute for physically picking up a product and inspecting it in person. If you would prefer to find CBD locally, we have included a list of places below that can point you in the right direction.

Great places to start your search include vape stores, head shops, and natural health outlets.

See if you can find a store in your city on our list!

CBD vs. THC

CBD can be made using both flowering marijuana plants and industrial hemp. Although the two plants look quite alike, there is a key difference when it comes to CBD.

Marijuana-derived CBD contains higher THC contents. THC is the chemical compound that causes people to feel high. This type of CBD is illegal in Nebraska and is treated no differently than marijuana under the law.

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Industrial hemp CBD typically contains less than 0.3% THC. The low THC content means that you won’t get high.

Is Marijuana Legal in Nebraska in 2022?

Marijuana is currently illegal in Nebraska, though the state has decriminalized it.

Although many states have legalized marijuana for recreational and medicinal use, a federal authority can shut down dispensaries or arrest people for possession.

According to the Drug Enforcement Agency, a Schedule 1 drug:

  1. Has no accepted medicinal applications in the United States
  2. Is highly addictive and likely to be abused
  3. Cannot be used safely under medical supervision

Over the last few decades, individual states have reformed their marijuana laws to allow the use of marijuana for different purposes. When it comes to marijuana, state laws often don’t agree with federal laws.

Marijuana Possession Penalties in Nebraska

Nebraska has decriminalized possession of less than an ounce of marijuana. If caught with less than an ounce, you will receive a $300 fine. Punishments increase for subsequent offenses — you can receive a jail sentence of up to three months on your third offense.

Anything over an ounce can land you in jail for up to 3 months with a fine of $500.

In December 2014, Nebraska sued Colorado in an attempt to get the Supreme Court to overrule its legal marijuana laws. Nebraska claimed that the recent legalization of marijuana in Colorado was increasing the amount of cross-border crime, which was costing the state money and police resources.

The lawsuit failed, and marijuana is still legal in Colorado.

For the time being, it appears that recreational marijuana is a long way away for Nebraska residents.

Medical Marijuana in Nebraska

Marijuana is illegal for any purpose in Nebraska, including for people who require marijuana as a medical treatment.

Nebraska tried to introduce the Cannabis Compassion and Care Act in 2015, which would have legalized marijuana in liquid and pill forms for people with severe medical conditions. However, the bill was shut down by the Senate in 2016.

Right now, Nebraska doesn’t take marijuana possession lightly.

Is Delta 8 THC Legal in Nebraska in 2022?

Delta 8 THC is legal in Nebraska.

While you don’t want to risk using marijuana in Nebraska, even though it’s been decriminalized, at least residents have access to delta 8 THC.

This cannabinoid surged in popularity and is going strong. Why? It’s like delta 9 (THC), but it’s legal — mostly. Rumors circulate on whether D8 is legal or not, but it’s not a synthetic cannabinoid and fits the necessary criteria for legal hemp products (from hemp and contains less than 0.3% THC).

Delta 8 is perfect for those living in states like Nebraska that don’t have legalized marijuana, even for medicinal purposes.

How to Buy Delta 8 in Nebraska

All of those tips we shared on how to buy CBD safely? Those come into play now, too.

As a hemp product, delta 8 mostly falls under the same laws as CBD. However, some states and cities cracked down on it right away and have banned it. These laws can change before you know it, so make sure you stay current.

Unchecked delta 8 is arguably more dangerous than CBD, so it’s crucial that you look over third-party tests before buying anything.

Online is the safer route for the same reasons we suggested it for CBD: you save money and time, have more selection, and have access to important information.

If you want to try delta 8 and are looking for the best, try one of these companies:

You’ll love the different D8 products on the market. Like marijuana, you can find delta 8 flower, vape carts, edibles, concentrates, etc.

Recommended CBD Retailers in Nebraska

Omaha

Lincoln

Bellevue

If you head into one of the stores above, the staff should be able to help you find the CBD products you’re looking for.

If you’re having trouble finding a good source of CBD locally, make sure you take a look online. There are a ton of reliable CBD suppliers that can send your favorite products straight to your door.

Final Verdict on Buying CBD & Delta 8 THC in Nebraska

Although Nebraska has some of the United States’ harshest marijuana laws, you should still be able to find legal CBD and delta 8 THC online and in-store.

The critical thing to ensure is that your CBD is sourced from industrial hemp; this means that it should contain less than 0.3% THC and won’t get your high. Under the Agricultural Act of 2018, it is legal to purchase in all 50 states.

Usually, your best bet for finding high-quality industrial hemp CBD and delta 8 is online. If you prefer to shop locally, however, try your nearest vape store and see what it offers.

It will still be a while before you see any legal dispensaries opening up in Nebraska, so always do your research before placing an order.

Is Delta-8 Legal in Nebraska?

Delta-8 remains legal in Nebraska while state officials attempt to clarify its legality.

Hemp-derived delta-8 is legal in Nebraska, but state officials are currently reviewing its legality. Currently, the use, possession, sale, distribution, purchase, and production of delta-8 products are permitted under state law without risk of penalty or prosecution. However, with nearly 20 US states now restricting or banning delta-8 following pressure from the federal government and the DEA, we expect delta-8’s legality in Nebraska hangs in the balance. Pair this with a staunch anti-cannabis state governor and delta-8’s future doesn’t look promising.

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Is delta-8 currently legal in Nebraska?

  • Delta-8 is legal in Nebraska under state and federal law. The use, possession, sale, distribution, purchase, and production of delta-8 products are permitted without fear of penalty or prosecution.
  • However, while law enforcement are not seeking to make arrests over delta-8 possession, state officials are currently reviewing delta-8’s legality.
  • Other THC isomers, including delta-10, HHC, and THC-O, are also legal under state law, as is hemp-derived CBD.
  • Medical cannabis and recreational marijuana are illegal under state law, despite multiple attempts to legalize them.

Is delta-8 THC legal in Nebraska?

Yes, delta-8 THC is legal in Nebraska under state and federal law, but state officials are still attempting to determine its legality. One such state official is a notorious anti-cannabis governor with a lot of influence on state decisions and proceedings.

According to news reports, Nebraska State Governor Pete Ricketts, who famously stated marijuana legalization would contribute to the killing of kids, requested State Attorney General Doug Peterson to review if delta-8 falls under the state’s definition of marijuana. Marijuana is an illegal controlled substance under Nebraska’s Controlled Substances Act.

If Peterson concludes that delta-8 is an illegal controlled substance, the use, possession, sale, purchase, distribution, and production of delta-8 products in the state will most likely be prohibited under state law.

However, according to recent news reports, ​​Lincoln-Lancaster County Narcotics Task Force LPD Captain Ryan Dale believes delta-8 isn’t a problem in Nebraska and won’t arrest anyone in possession of delta-8 products, stating:

“I don’t know that I would characterize [delta-8] as an issue. To my knowledge, they’re not doing anything illegal.”

For Dale, the biggest issue is differentiating between delta-8 and marijuana, an illegal controlled substance carrying more than the federally legal 0.3% THC. To protect delta-8 users from law enforcement, he recommends taking some precautions:

There’s no legal requirement for how you carry the Delta-8 products, but I would recommend that people keep them in their original packaging and then maybe even keep the receipt with it. It won’t be seized if all signs point to it being delta-8.

Ryan Dale, Narcotics Task Force LPD Captain

Legislative history of delta-8 in Nebraska

Currently, delta-8 THC derived from hemp plants carrying no more than 0.3% THC (by dry weight) is legal following the passing of the Nebraska Hemp Farming Act (LB 657). This bill coincides with the federal Agriculture Improvement Act (2018 Farm Bill), which legalizes hemp production, hemp cultivation, and hemp-derived compounds, including delta-8.

The Nebraska Hemp Farming Act defines hemp as a variety of Cannabis sativa, including viable seeds and all cannabinoids, derivatives, extracts, salts, and acids, with no more than 0.3% THC on a dry weight basis. Delta-8 is a cannabinoid in hemp and a derivative of delta-9, meaning it’s currently legal under state law.

Meanwhile, Chapter 28 of Nebraska’s Uniform Controlled Substances Act classifies all marijuana-derived tetrahydrocannabinols as controlled substances, including delta-1 cis or trans tetrahydrocannabinol, delta-6 cis or trans tetrahydrocannabinol, and delta 3,4 cis or trans tetrahydrocannabinol. It does not list hemp-derived tetrahydrocannabinols, nor does it mention delta-8 in any capacity.

Buying delta-8 in Nebraska?

Since hemp-derived delta-8 is currently permitted in Nebraska, you can purchase delta-8 products online and through physical retail stores located all throughout the state, but mostly in Lincoln. Many of these online and physical stores sell delta-8 oils, delta-8 gummies, delta-8 flower, and delta-8 vape cartridges.

To legally purchase, use, and possess delta-8 vape products in Nebraska, you must be above the age of 21, as outlined in the Nebraska PACT Act, signed into law on June 30, 2010.

We always recommend buying delta-8 products online. Not only is it convenient, but it’s also an easy way to see if the products you’re purchasing are safe, transparent, and high-quality firsthand.

If you’re not in close proximity to a physical retail store and you’re struggling to find the best online delta-8 vendor, our list of the best delta-8 brands will steer you in the right direction.

Can you travel to Nebraska with delta-8?

Yes, you can travel into Nebraska with delta-8, provided it’s sourced from hemp plants carrying no more than 0.3% THC. Likewise, the hemp-derived delta-8 product(s) in your possession should contain no more than 0.3% THC. If the THC quantity is higher, it’s classified as marijuana-derived. Marijuana and marijuana-derived products are prohibited under state and federal law.

As a general rule, do not cross any US state border with marijuana or marijuana-derived delta-8 in your possession. All marijuana products are federally controlled substances and every state border is governed by the federal government. Traveling from one US state to another with delta-8 in your possession is a federal crime. Depending on the quantity in your possession, you could be prosecuted for trafficking an illegal substance.

Is marijuana legal in Nebraska?

No, recreational cannabis is illegal, and there is no program allowing patients access to medical cannabis.

However, the state decriminalized simple cannabis possession after a controversial voter ballot initiative in 2018, sparing offenders jail time if caught with less than 1 oz of cannabis.

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A new initiative to legalize medical cannabis in Nebraska could appear on the state ballot next year if enough signatures are gathered before the July 7, 2022, deadline.

Medical marijuana

Medical marijuana is not legal in Nebraska. The state has no medical cannabis program, despite attempts to establish one. The legal status of medical cannabis in Nebraska means the use, possession, sale, distribution, purchase, cultivation, and production of cannabis for medicinal purposes are prohibited under state law.

In 2015, Bellevue Sen. Tommy Garret introduced Legislature Bill 643 (Cannabis Compassion and Care Act) to the unicameral state legislature. The bill sought to legalize medical cannabis for qualifying patients suffering from serious illnesses, including HIV/AIDS, cancer, glaucoma, and hepatitis C. The bill was blocked and eventually died after a Senate filibuster in 2016.

In 2019, Nebraska State Attorney General Douglas J. Peterson argued passing a medical marijuana bill would be unconstitutional and in direct conflict with the federal Controlled Substances Act:

“Creating a state regulatory scheme that would affirmatively facilitate the cultivation, processing, wholesale distribution, and retail sale of federal contraband [medical cannabis] on an industrial scale would frustrate and conflict with the purpose and intent of the CSA. Accordingly, we conclude that the MCA would be preempted by the CSA and would be, therefore, unconstitutional.”

A pair of voter initiatives are attempting to make their way to Nebraska’s 2022 ballot seeking to legalize the sale, production, and distribution of medical cannabis and protect qualifying patients from legal consequences.

Unfortunately, the new 2022 medical cannabis voter initiative is receiving staunch opposition. The Republican governor of Nebraska, Pete Ricketts, is partnering with a leading cannabis prohibitionist group to create TV ads opposing the initiatives, urging voters not to approve medical marijuana legalization.

Recreational marijuana

Like medical cannabis, recreational marijuana is also illegal in Nebraska. However, simple possession of cannabis in small quantities is decriminalized.

First-time offenders caught possessing less than 1 oz of cannabis will not face prison time or have it marked on their criminal record. The state considers simple possession an infraction.

Second and third-time cannabis possession offenses are misdemeanors punishable by up to 5 and 7 days in prison, respectively. Fines of up to $500 might also be handed out.

On July 1, 2021, Senator Justin Wayne of Omaha introduced Nebraska Legislature Resolution 2 (LR2CA), a constitutional amendment that would place recreational cannabis legalization for adults aged 21+ on the 2022 ballot. The amendment bill is currently in the committee stage.

Can you purchase delta-10 THC, THC-O, or HHC in Nebraska?

Yes, you can buy delta-10, THC-O, and HHC products in Nebraska. All three are not listed as controlled substances under the state’s Uniform Controlled Substances Act, meaning their use, possession, sale, distribution, purchase, and production are legal under state law with no risk of penalty or prosecution.

Is CBD legal in Nebraska?

Yes, CBD is legal in Nebraska under state and federal law, provided it’s sourced from federally compliant hemp plants carrying no more than 0.3% THC. The legal status of hemp-derived CBD means the use, possession, sale, distribution, purchase, production, and manufacture of hemp CBD products are permitted within the state without fear of penalty or prosecution.

Nebraska legalized the production, cultivation, handling, and transport of hemp and hemp products on May 30, 2019, following the Nebraska Hemp Farming Act (Legal Bill 657), signed into law by Governor Pete Ricketts. The state later implemented the Nebraska Hemp Plan, assigning complete control of hemp production and cultivation to the Nebraska Department of Agriculture (NDA) in 2020.

This law defines hemp as a variety of Cannabis sativa, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, carrying no more than 0.3% THC (by dry weight).

Previously, Nebraska heavily regulated CBD. The state only allowed the University of Nebraska and Nebraska Medicine access to CBD for research and to create a small pilot program after Legislature Bill 390 in 2014.

This bill gave Nebraska medical patients with intractable epilepsy an opportunity to obtain low-THC CBD products in the form of Epidiolex — the first-ever FDA-approved cannabis medication.

CBD derived from marijuana is illegal in Nebraska. The state considers all marijuana compounds as Schedule I controlled substances under its Controlled Substances Act.

Upcoming legislation

There is currently no upcoming legislation that will change the legality of delta-8 THC in Nebraska. However, since the Nebraska State Attorney General is currently reviewing delta-8’s legality in the state, we expect the introduction of new delta-8 bills in 2022.

Conclusion

Despite Nebraska’s poor history with cannabis, hemp-derived delta-8 is still legal, with no sign of law enforcement making arrests for the use, possession, sale, or production of delta-8 products. Right now, this is great news if you’re a keen delta-8 user. You can enjoy delta-8 products freely without fear of prosecution.

However, be under no illusion. State officials are not cannabis-friendly, and they certainly aren’t fond of intoxicating substances. We expect delta-8 to come under some scrutiny once the state’s attorney general finishes reviewing the legality of delta-8.

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