Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG Marijuana and CBD laws can be confusing at the best of times. We aim to clarify matters in this guide to cannabis and CBD in Nebraska. CBD laws in Nebraska are confusing, plain and simple. That makes a lot of people ask – Is CBD legal in Nebraska? We do our best to answer!
Is CBD Oil Legal in Nebraska? (2022 CBD Laws)
Nebraska’s cannabis-permitting laws are late and lean compared to some other states. This is interesting given that NE was the first state in the Union to decriminalize it.
At any rate, hemp CBD with no more than 0.3% THC is legal in Nebraska. The state currently has no medical marijuana program or other permissions for therapeutic cannabis usage — but keep your eyes open for ballot measures in upcoming elections as there’s active support for this. Recreational marijuana is prohibited.
Nebraska CBD Laws At A Glance
Here are the mainthings all Nebraskans should know about CBD-related laws in the state:
• Hemp-derived CBD with ≤ 0.3% THC is legal.
• You’ll likely need to be 18+ to buy CBD.
• The state doesn’t have a medical cannabis program or any other means of legally allowing patients to access/use cannabis therapeutically.
• Recreational marijuana use is outlawed but possession has been decriminalized.
Is CBD Legal in Nebraska?
Nebraska’s stranglehold on all things cannabis is slowly easing. After loosening its grip slightly in the late 1960s and late 1970s, not much happened for many years. But, within the last decade, NE’s laws seem to be releasing the state’s clutch, like lifting one finger at a time.
Check out this brief highlights reel of Nebraska’s CBD-related legislation:
- In 1969 and again in 1979, NE decriminalized cannabis possession. These laws relaxed penalties for first-time offenders.
- The mid-2010s saw a couple failed attempts to change cannabis laws. Including trying to sue Colorado for the “spillover” effects of its legalization marijuana. (The Supreme Court nixed this lawsuit.) The second unsuccessful proposal was the 2015 Cannabis Compassion and Care Act (LB6 43).
- LB 390, passed in 2015. Created a means for the University of Nebraska and Nebraska Medicine to produce and possess CBD for research purposes. This program did let certain qualifying patients participate in clinical studies.
- The next big piece of legislation was the 2018 Farm Bill. This act federally legalized industrial hemp and its byproducts, including CBD, so long as they had 0.3% or less THC. However, at this point, NE articulated that hemp and CBD in the state were still strictly illicit.
- In 2019, the state adopted the Nebraska Hemp Farming Act (LB 657), which established an industrial hemp program to be administered by the Nebraska Department of Agriculture. This statute was amended in 2020 (LB 1152). The legislation okayed the commercialization of low-THC hemp and its derivatives.
- A medical cannabis program is still on Cornhuskers’ minds. A measure regarding this was supposed to be on the 2020 election ballot. However, the Nebraska Supreme Court invalidated it for technical reasons. It’s expected, though, that a new ballot measure will be included in a future election. Stay tuned!
Is CBD Legal In In Nebraska? CBD Shopper’s Guide
Looking to purchase CBD in Nebraska? You’re in luck! Hemp CBD products are legally available at state-licensed brick-and-mortar stores and dispensaries. Assuming there’s internet access in the Cornhusker State — and we’re pretty sure there is — you also have CBD online stores at your fingertips. Simply locate a trustworthy retailer and take your pick of shopping methods.
Purchase CBD At Brick & Mortar Stores
There’s a lot of things to love about Nebraska, and local access to CBD might be one of them. While there may not be too many places in your neighborhood to stock up on CBD, that’s bound to change soon. The recent changes in industrial hemp laws means eager sellers are probably queuing up at a licensing bureau right now.
So, it’s possible that you’ll begin to spy items containing CBD on the shelves of your neighborhood wellness shop or CBD dispensary. Since types and quality of CBD products can vary widely, find a store with knowledgeable staff and a good selection.
Buy CBD Online
Nebraska permits you to purchase CBD in person, but you might find it more convenient to buy CBD online. Whether you can’t find your favorite CBD products in nearby stores or just prefer the ease of filling a virtual cart, online shopping for CBD is a great option in Nebraska.
Speaking of which, you can safely buy CBD products online from Pure Craft. In fact, here are some high-quality CBD products that’re popular with Nebraskans near you:
CBD Oil in Nebraska: Is It Legal? [Complete 2022 Guide]
Keeping up with CBD and cannabis laws can be tricky. Trust us – it’s our job! The situation is ever-changing, and it can be complicated deciphering regulations in different states.
The federal government has been reluctant to change its mind on marijuana, which has been illegal in the United States since 1937. CBD is a little more accepted. Either way, it’s up to individual states to have the final say. With different regulations in every state – and those regulations changing by the week – it’s hard to figure out what’s going on.
Nebraska is a state that has maintained a relatively strict stance against cannabis and CBD. Slowly, things are looking up for cannabis advocates in the Cornhusker State. Let’s find out more about the current situation with marijuana and CBD products in Nebraska.
Is CBD Oil Legal in Nebraska?
Broadly speaking the answer is yes if the CBD comes from hemp with a maximum THC content of 0.3%. However, answering this question is not straightforward.
Before the Nebraska Hemp Farming Act passed in 2019, Republic Attorney General Doug Peterson issued a memo saying CBD was a Schedule 1 substance unless it’s an FDA-approved drug. The memo also made an exception for products approved by the University of Nebraska Medical Center.
No updates were made to this following the passing of the Hemp Farming Act. So, where does this leave CBD?
Nebraska CBD Laws
Nebraska Revised Statutes section 28-405 does not list CBD as a controlled substance. This implies that you are free to use CBD should you choose.
There is a suggestion that hopeful CBD sellers can register their product with the Nebraska Department of Agriculture. Once the Department tests and approves the product, it is licensed for sale within the state, diminishing the risk of arrest.
Please note that you must also pay all relevant fees, including:
- Cultivator fees
- Cultivator site registration
- Processor-handler site fees
- Site modification fees
It’s better to pay the fees, as penalties for selling unlicensed CBD products in Nebraska can amount to $25,000 and a prison sentence of up to 20 years.
Although these regulations are confusing, the crux is this: Hemp-derived CBD products seem okay as long as the relevant authorities approve them.
Many online reports imply that the Farm Bill made hemp and CBD legal. This is a bit of an oversimplification.
The Plot Thickens with the Farm Bill
The Farm Bill is a piece of federal legislation outlining agricultural practices in the USA. It’s updated every 5-6 years on average, with the most recent version being the 2018 Farm Bill.
Part of this bill was the Hemp Farming Act. The Act separates hemp and marijuana by definition, outlining that industrial hemp plants contain less than 0.3% THC. Under this definition, the Act allows states to decide on hemp cultivation and CBD production. This opens a pathway for states to think about the sale and use of CBD products.
Nebraska’s Hemp Farming Act means that licensed cultivators can now grow and process hemp in the state.
In Nebraska, it led to the Nebraska Hemp Farming Act, which became law on May 30, 2019. Before this act, only universities could grow hemp for research purposes. Now, cultivators can apply for a license to grow and process hemp in the state.
Hemp farming acts are usually an excellent opportunity for CBD sales. The Nebraska Hemp Farming Act does not mention CBD specifically at any point, though, causing quite a bit of confusion.
What CBD Products Can I Use in Nebraska?
Up to now, the only CBD product you can use with absolute certainty in Nebraska is Epidiolex. The FDA has approved this synthetic cannabinoid. However, you can only obtain it from a healthcare provider if you have a severe form of intractable epilepsy.
With the above information in mind, it seems that Nebraska isn’t being too strict on hemp-derived CBD right now. Most penalties are leveled at retailers, as the regulations for selling CBD are even more blurry. As a consumer, you likely don’t have to worry much.
Unlike some other states, Nebraska doesn’t appear to have a ban on particular consumption methods. However, a proposed MMJ bill would have banned smokable forms, so it’s probably best to avoid raw hemp flower. Vape shops are also taking a hit from law enforcement right now, so maybe stay away from vaping.
Tinctures, gummies, capsules, and topicals do not appear to be causing a huge problem.
Where to Buy CBD in Nebraska?
Despite potentially facing legal issues, plenty of physical stores in Nebraska are willing to sell CBD products. Here are five with solid customer reviews.
However, it’s probably best to source CBD products from out of the state. It’s tricky to find licensed products in Nebraska due to the complex nature of the rules. There are plenty of high-quality CBD retailers online that offer products following the Farm Bill’s rules.
Whenever you buy CBD, it’s vital to stick to a hemp-derived product with less than 0.3% THC. You can verify this information by checking lab reports. Never buy from a company without visible lab reports. Here are five online CBD brands that tick all the right boxes:
- Just CBD
- Joy Organics
- Premium Jane
Is Marijuana Legal in Nebraska?
No. In 1927, the state of Nebraska banned cannabis. Not only did this ban prohibit marijuana, but it also led to the rapid decline of hemp production. Throughout America, the prohibition of marijuana led to a gray area for hemp cultivation, and it all but died out.
Ever since the 1920s, Nebraska has maintained its anti-cannabis stance. To this day, possession is illegal, but decriminalization means that penalties are not as harsh as they once were. In 1969, Nebraska eased the restrictions so that first-time possession is not a serious offense.
In 2012, the neighboring state of Colorado legalized cannabis recreationally. Nebraska law enforcement subsequently noted an 11% increase in marijuana arrests. In a strange turn of events, Nebraska and Oklahoma attempted to sue Colorado in the Supreme Court. The Court intervened and denied the request to proceed with the lawsuit.
These days, there is a growing push for the state to legalize medical marijuana. However, at the time of writing, medical marijuana use in Nebraska remains prohibited. The Cannabis Compassion and Care Act was proposed in 2015, which would have permitted marijuana concentrates for therapeutic purposes. Suggested medical conditions included HIV/AIDS, glaucoma, and cancer.
In 2016, a Senate filibuster blocked the bill. As a result, Nebraska is still suffering from a lack of MMJ. The fight continues, however. There are concerted efforts to legalize the substance, although cannabis proponents continue to face stiff opposition.
Explaining the relevant laws…
Cannabis Penalties in Nebraska
Nebraska has decriminalized the possession of small amounts of marijuana. Therefore, you are guilty of a civil infraction if caught with less than an ounce. The penalty is a fine of $300. If found with a small amount of weed for a second time, you are charged with a misdemeanor and could spend five days in prison. A third offense means a possible seven-day jail term.
It is a misdemeanor to carry over an ounce with a potential 3-month jail stint as the penalty. The possession of over a pound of weed is a felony. This is a serious charge, and you could spend five years in prison if found guilty.
Things get even worse if you’re caught selling marijuana in Nebraska. It is a felony to sell any amount. There is a mandatory minimum prison sentence of a year attached to this crime, but you could face up to 20 years of imprisonment!
Final Thoughts on CBD Oil in Nebraska
Nebraska does not have some of the easiest regulations to understand. The fact that marijuana is illegal is black-and-white, but CBD is occupying a gray area right now. Many Nebraskans enjoy CBD products without a worry, but you need to be careful that your CBD comes from a trusted source.
As for MMJ, the tide might be turning. Campaigners are pushing hard for medical marijuana in Nebraska. Perhaps we will see big changes sometime soon.
Is CBD Legal in Nebraska? Ask an Expert
Nebraska’s CBD hemp market remains one of the most highly restricted when it comes to cannabis law enforcement. According to Nebraska state laws, marijuana remains illegal, and medical cannabis is not available despite its purported health benefits. This is largely due to Nebraska being a conservative state that borders Colorado, where the marijuana cannabis plant is totally legal. In the midst of that backlash, where does that leave CBD oil? Is it legal to buy CBD oil in Nebraska?
Hemp cultivation is federally legal in all 50 states since the passage of the 2018 Farm Bill. That means that hemp is now defined as strains of the cannabis plant that are less than 0.3 percent THC, short for tetrahydrocannabinol. The Farm Bill opened up cannabidiol CBD oil to national sale. Even so, individual states have their own restrictions on hemp farming and regulations when it comes to CBD and THC.
After November 2020, Nebraska is now bordered by two fully legal marijuana states, after South Dakota voters decided to legalize medical cannabis and recreational marijuana at the exact same time. Missouri, which borders Nebraska to the southeast, also has legalized medical marijuana. Even Iowa to Nebraska’s east has a limited medical marijuana program. So what does that all mean for CBD oil in Nebraska? Is legal to buy CBD in Nebraska?
Nebraska Hemp History
Historically, Nebraska participated in America’s industrial hemp economy before prohibition took it away from Nebraska farmers. Even though by the second decade of the 20th century, American hemp cultivation was in decline because of competition from cheaper alternatives grown internationally.
“The reason for the decline, think department officials, is the lack of labor-saving machinery to care for the hemp crop, the increased profitableness of other crops and the lack of special knowledge and skill required to handle hemp,” according to the Nebraska Farmer from 1914. “At one time a large acreage of hemp was grown near Havelock, Nebraska, but now the industry has entirely disappeared from that locality. It is believed that under proper conditions hemp culture may be quite profitable to farmers.” 1 Havelock is now a suburb of Lincoln.
Nebraska Marijuana Laws
The marijuana plant is now decriminalized according to Nebraska law, but it is still illegal. Multiple failed attempts to get medical cannabis onto the November ballot have delayed any additional progress. In late 2020, after the Nebraska Supreme Court removed medical cannabis from the 2020 ballot, leaders of Nebraskans for Medical Marijuana wasted no time to submit a new petition for 2022. 2
Possession of marijuana in Nebraska, one ounce or less, is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course instead of jail time. 3 According to the ACLU, African Americans in Nebraska are nearly five times as likely to be arrested for marijuana possession as their white neighbors, despite similar use rates. 4
Nebraska CBD Laws
In late 2019, the Nebraska Hemp Farming Act was passed which legalized hemp production and sale of hemp products in the state, following the guidance of the 2018 Farm Bill. 5 The Nebraska Department of Agriculture issued 10 licenses to farms scattered across the state to try growing hemp, which once grew well in the Cornhusker state.
The Wiles family farm near Plattsmouth, Nebraska was one of the 10 issued a license. Plattsmouth is just south of Omaha. In October 2019, Paul Hammel of the Omaha World-Herald reported from the Wiles’ farm.
“The nearly 284 hemp plants — affectionately called ‘my girls’ by grower Annette Wiles because they’re all female plants — are part of a modest pilot project authorized by the state this year to see if the pungent, stalky plant that looks and smells like marijuana can become a viable commercial crop,” Hammel wrote for the World-Herald. 6
Advocates criticized the state for opening up only 10 licenses for the 187 farms that applied. But in early 2020, federal officials approved Nebraska’s hemp plan, which opened the door for the Nebraska Department of Agriculture to issue more licenses to produce hemp and its products in the state. 7 As with many other agricultural states, Nebraskans view hemp and the future cultivation of marijuana with cautious optimism as a boon to the state’s economy. The Nebraska Hemp Farming Act was a good step in the right direction for realizing this future.
But Is Full Spectrum CBD Oil Legal in Nebraska?
As of the end of 2020, no one can say with absolute certainty whether it’s legal to buy CBD oil in Nebraska. For starters, the state Attorney General, Doug Peterson, issued a memo in November 2018 declaring that all CBD oils were still considered to be on the Schedule I controlled substance list. 8 His office has not issued any clarifying information since the creation of the Nebraska hemp program in 2019, or its federal approval in 2020. 9
Can I Get CBD Oil Mailed to Me in Nebraska?
Because of confusion about Nebraska CBD oil laws, it’s natural to wonder if it’s legal to receive CBD oil in the mail to an address in Nebraska. To our knowledge here at Cornbread Hemp, the answer is yes. And here’s why: because CBD oil is legal under federal law according to the 2018 Farm Bill, the US Postal Service has affirmatively stated that it is legal to send hemp derived CBD products through the mail. 10 At no point has post offices advised against sending CBD oil in the mail to certain states.
After all, the mail box at your house is considered to be federal property. So federal law should win any contradiction between state and federal law. But please don’t consider this to be legal advice. If you order CBD products in the mail to an address in Nebraska, it is up to you to obey state law once you receive those products. (This blog is for informational purposes only.)
Online retail shopping for CBD oil remains one of the safest ways to buy CBD in Nebraska. Shopping online allows you to do your research, access reviews, and check out third party lab results to assure yourself that there are no fillers or artificial flavorings in your CBD oil. Cornbread Hemp tests every batch and publishes the reports right on our website for easy access.
CBD Laws in Nebraska: Conclusion
Nebraska remains behind a majority of the states that have more progressive THC, CBD, and cannabis plant laws. Several of its neighboring states have at least legalized medical cannabis under certain health conditions: Iowa, Missouri, South Dakota, and of course, Colorado, which has some of the most liberal cannabis laws in the country.
When it comes to buying CBD oil in the state of Nebraska, buying from online CBD retailers is one of the safest ways of procuring hemp derived CBD products. Reviews and test results are readily available online with responsible online distributors and retailers.
When you’re shopping for hemp derived CBD oil products, look for USDA certified organic, non-GMO CBD products grown from organic hemp plant flowers cultivated with no synthetic fertilizers or pesticides and with no extra flavoring, preservatives, or other fillers — like Cornbread Hemp CBD oils. Delivery by the USPS and UPS is speedy, legal, and safe.
About the Author
Jim Higdon, Co-founder
a native of Lebanon, Kentucky. He holds degrees from Centre College, Brown University, and Columbia University’s Graduate School of Journalism. Jim published Cornbread Mafia in 2012, full author bio here.
Is CBD Legal in Nebraska?
Yes, CBD is legal in Nebraska. This means that anyone can purchase or use CBD oil in the state without fear of breaking any laws. The only requirement is that the CBD oil you purchase contains less than 0.3% THC by volume, which ensures that it is federally legal in the United States to buy and use everywhere.
Is medical marijuana legal in Nebraska?
No. Medical marijuana is only legal in a select number of states and isn’t offered at all in Nebraska. The state will likely legalize medical cannabis once the wider legalization movement has caught on. The good news is that CBD oil is available to anyone who wants it
Is CBD Legal in Nebraska for Minors?
Yes. Anyone over the age of 18 is legally able to purchase and use CBD oil in Nebraska, even if they are a minor. This provides many parents with the opportunity to give their children relief from certain conditions and symptoms by giving them CBD oil products and extracts.