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Is CBD Legal in Nebraska? Ask an Expert

Posted by Melissa Chipman on Nov 2nd 2020

Is CBD Legal in Nebraska? Ask an Expert

Is CBD Oil Legal in Nebraska?

Nebraska remains one of the most highly restricted states when it comes to cannabis laws. Marijuana remains illegal and medical marijuana is not available. This is largely due to Nebraska being a conservative state that borders Colorado, where marijuana is totally legal. In the midst of that backlash, where does that leave CBD oil? Is CBD oil legal in Nebraska?

Hemp has been legal again in America since the passage of the 2018 Farm Bill. That mean that hemp is now defined as strains of the cannabis plant that are less than 0.3% tetrahydrocannabinol, or THC. This change in the law opened up CBD oil to national sale. Even so, every state has its own regulations when it comes to CBD.

After November 2020, Nebraska is now bordered by two fully legal marijuana states, after South Dakota voters decided to legalize medical marijuana and recreational marijuana at the exact same time. Missouri, which borders Nebraska to the southeast, also has legalized medical marijuana. Even Iowa to Nebraska’as east has a limited medical marijuana program.So what does that all mean for CBD oil in Nebraska? Is CBD even legal in Nebraska?

Nebraska Hemp History

Historically, Nebraska participated in America’s hemp economy before prohibition took it away from Nebraska farmers. Even though by the second decade of the 20th century, the American hemp crop 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

Marijuana is decriminalized in Nebraska. But multiple failed attempts to get legalizing medical marijuana onto the November ballot have delayed any additional progress. In late 2020, after the Nebraska Supreme Court removed a begin from the 2020 ballot, leaders of Nebraskans for Medical Marijuana wasted no time to submit a new petition for 2022.2

Possession of marijuana, 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, Nebraska legalized hemp and its products in the state, following the guidance of the 2018 Farm Bill.5 Pursuant to federal law, Nebraska 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 to issue more licenses to produce hemp and its products in the state.7 As with many other agricultural states, Nebraskans view hemp and future cultivation of marijuana with cautious optimism as a boon to the state’s economy.

But Is Full Spectrum CBD Oil Legal in Nebraska?

As of the end of 2020, it’s still impossible to say with absolute certainty whether CBD oil is legal 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 Schedule I controlled substance.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 Mailed to Me in Nebraska?

Because of confusion about CBD laws in Nebraska, 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, 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 the USPS 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 procure your CBD products. Shopping online allows you to do your research, access reviews of the product, and check out independent, third-party lab results to assure yourself that there are no fillers or artificial flavorings in your products. 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 CBD and cannabis laws. Several of its neighboring states have at least legalized medical marijuana 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 oils, online purchasing is one of the safest ways of procuring 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 hemp cultivated with no synthetic fertilizers or pesticides and with no extra flavoring, preservatives, or other fillers — like Cornbread Hemp products. Delivery by the USPS is speedy, legal, and safe.

References

1.

“HEMP PRODUCTION” The Nebraska Farmer - Volume 56 - Page 788. Published 1914. Accessed 20 Nov 2020: https://www.google.com/books/edition/The_Nebraska_Farmer/DEE5AQAAMAAJ?hl=en&gbpv=1&dq=hemp+nebraska&pg=PA788&printsec=frontcover 

2, 3, 4..

“Nebraska Supreme Court removes medical marijuana from November ballot as advocates vow to keep fighting; voter guide released.” Marijuana Policy Project. Pub: 4 Oct. 2020. Accessed: 20 Nov. 2020. https://www.mpp.org/states/nebraska/ 

5, 7.

Stoddard, Martha. "Federal officials approve Nebraska’s hemp rules; licensing process for 2020 opens Monday.” Omaha World-Herald. Pub: 28 Jan. 2020. Accessed 20 Nov. 2020. https://omaha.com/state-and-regional/federal-officials-approve-nebraskas-hemp-rules-licensing-process-for-2020-opens-monday/article_2d0c7945-9892-5076-9ee4-f357288e7fda.html 

6.

Hammel, Paul. “As first harvest nears, the future of hemp in Nebraska is still hazy.” Omaha World-Herald. Pub: 14 Oct. 2019. Accessed: 20 Nov. 2020. https://omaha.com/business/agriculture/as-first-harvest-nears-the-future-of-hemp-in-nebraska-is-still-hazy/article_38b19662-b7bd-54c2-b79e-93a20221eff4.html 

8.

Kulhanek, S. “CBD memorandum from Attorney General Doug Peterson” Lincoln Journal Star, pub. 16 Nov 2018. Accessed 21 Nov 2020. https://journalstar.com/cbd-memorandum-from-attorney-general-doug-peterson/pdf_293b0f6c-7c60-522f-bf58-1032b1cafdea.html 

9.

New Releases, Nebraska Attorney General. Accessed 21 Nov 2020. https://ago.nebraska.gov/news/ag-memo-law-enforcement

10.

US Postal Service. “Publication 52 Revision: New Mailability Policy for Cannabis and Hemp-Related Products” Effective: June 6, 2019. Accessed: 19 Nov 2020: https://about.usps.com/postal-bulletin/2019/pb22521/html/updt_002.htm