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Is CBD Legal in Nebraska? Ask an Expert

Is CBD Legal in Nebraska? Ask an Expert

Posted by Jim Higdon on Nov 2nd 2020

Introduction

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.

FAQ

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.

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 

All rights reserved. The statements made regarding these products have not been evaluated or approved by the FDA Food and Drug Administration. The efficacy and health potential of CBD use has not been confirmed or approved by the FDA. These CBD products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare provider about potential interactions or other possible complications before using any CBD product.

Cornbread Hemp works with suppliers who guarantee a less than or equal to 0.3% THC content in accordance with the 2018 Farm Bill. With these trace amounts of 0.3% THC concentration, it is possible that users may fail a drug test while using full spectrum CBD oil. Cornbread Hemp does not take any responsibility in the instance a customer fails a drug test while using these products.

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