Is CBD Legal in Nebraska?
Glass brown bottle with cannabis oil with label and hemp leaves on a marble background. Copy space.
One of the most important issues of confusion about CBD oil comes from the term “cbd.” Under Neb. Rev. Stat. 28-401, cannabis is defined in an extremely broad manner, including virtually all parts of the entire cannabis plant. But the Nebraska Statutes don’t list CBD oil as a legal substance, even though the plant is frequently identified as having high CBD concentrations.
This lack of definition leads to a host of questions – some of them quite absurd. For example, is CBD legal in Nebraska if the only source of CBD is harvested, processed, and stored in another state? Is CBD legal if the only place you can get CBD is through a licensed pharmacist in California? Why would anyone want to sell CBD oil in Nebraska when they are close to becoming a full member of the United States Conference of Directors of Narcotics and Dangerous Substances? Is it legal to buy CBD oil over the counter in California? How could any of this apply if CBD is a “controlled substance” under Nebraska law?
The answer is complicated – but it is mostly just a matter of state interpretation. In short, no, CBD is not legal anywhere in the country under any circumstances. The Nebraska legislature recently passed a House Bill that, among other things, prohibits anyone from buying, selling, cultivating, processing, possessing, shipping, advertising, producing, transporting, advertising, or selling CBD oil. The bill’s definition of “commerce” is also a bit hazy. For instance, the bill says that anyone selling or distributing “any product containing CBD” must be licensed by the department of commerce in Nebraska.
If the House Bill is not signed into law by the governor – it will probably be challenging for Nebraskans to obtain CBD legally. According to the Nebraska Attorney General, it is believed that the 2021 Farm Bill will specifically address hemp production and distribution, and specifically exclude “and products from state law.” Since hemp production and distribution are currently illegal in Nebraska, any hemp products imported from other states are likely going to be targeted as well.
This is actually not the first time hemp – producers have had their products declined in state auctions. In recent years, California and Colorado have both made CBD available to anyone who wants to buy products containing CBD, but only for personal use. However, under the 2021 Farm Bill, hemp producers can continue to grow and distribute CBD, but only to those states that have enacted similar legislation. So, at the current time, there really is no legal advantage to growing, processing, or selling CBD-based products in Nebraska.
The federal government has not designated CBD – a medical use, and many scientists believe that it is not even safe. However, since CBD is considered to be a “plant drug” and a Schedule I drug, the federal government has stated that it is not appropriate for human consumption. If the state of Nebraska begins taxing and regulating CBD like other agricultural commodities, it is possible that hemp will become ineligible for sale in Nebraska.
This could be a real challenge for small farmers that wish to grow this beneficial crop, but it is definitely something to watch for in the future. Please consider all this.
