Is CBD Legal in Nebraska?
CBD is legal under the Uniform Controlled Substances Act which is Nebraska’s version of the Controlled Substances Act. This legislation does not include CBD products approved by the FDA. The state has its own medical CBD pilot study wherein residents who are diagnosed with intractable epilepsy can access CBD as a treatment from the research program.
The state also followed the Agriculture Improvement Act allows secondary institutions to grow and cultivate industrial hemp for research purposes. Hence, CBD may be legal under certain conditions.
Is CBD Oil Legal in Nebraska?
CBD products including CBD oil are legally produced, controlled, and distributed by the University of Nebraska and Nebraska Medicine as per Medical Cannabidiol Pilot Study. The university’s medical center is permitted to test CBD while the state has assigned one pharmacy to dispense CBD for research use. Patients who have intractable epilepsy, on the other hand, can obtain CBD oil including other forms of CBD products as part of the Pilot Study.
Is it Legal to Buy CBD Products in Nebraska?
In most states, CBD derived from hemp is legal under federal law as long as it contains tiny traces of CBD. The status of CBD for sale in Nebraska depends on the state’s own conditions. Nebraska’s Dept. of Justice still considers CBD and all marijuana extracts as a Schedule I controlled substance.
Hence, CBD products may be legally obtained from legal sources from the state. On the other hand, some CBD companies continue to sell their products in some food stores and vape shops across the state. They believe that the products they sell are legal as long as it is derived from hemp and has no amounts of THC.
What Do the Laws and Regulations about CBD in Nebraska Specifically Say?
Under the Agriculture Improvement Act of 2018, any product derived from hemp is legal under federal law, which means that hemp-derived CBD products are sold online. The online marketplace has made CBD products accessible to Nebraskans. But since the state is still sorting out its CBD laws, it is best to refrain from buying any CBD product when in the Cornhusker State. Only those registered in the state’s Medical CBD Pilot Study are allowed to use CBD products.
A post by The Cannabis Radar explains that Nebraska’s senate is made up of a majority of Republicans which are known for having conservative policies. In 2014, the Legislative Bill 1001 classified industrial hemp as an agricultural crop. This legislation also allowed certain universities under the Dept. of Agriculture to grow hemp under the state’s hemp pilot program.
In 2016, a proposal was submitted to set up a medical marijuana program in Nebraska. Also, the only institute that can possess cannabidiol is the University of Nebraska and Nebraska Medicine particularly the patients participating in the state’s medical cannabidiol pilot program. This pilot program studies a drug to help treat anxiety, multiple sclerosis, and Parkinson’s disease.
The only CBD oil approved in Nebraska is the drug, Epidiolex which was approved by the FDA. This drug is used to treat a severe form of epilepsy. In the meantime, state lawmakers are working on legislation but have not yet revealed the details.
Other Important Considerations When Buying CBD in Nebraska
The Guide to CBD clarifies that any individual who possesses CBD products obtained from Nebraska’s Medical Cannabidiol Pilot Study is legal in the state. Meanwhile, the Revised Statute 28-401 allowed the extraction of CBD from certain parts of the cannabis plant particularly the mature stalks of the plant. Meanwhile, the Revised Statute 28-405 does not include CBD oil as one of the controlled substances in the state.
To understand the landscape of CBD, hemp and marijuana are both from the cannabis family. The difference is that hemp tiny amounts of THC while marijuana contains high amounts of THC, the chemical responsible for the high feeling.
CBD products that are available in the state can only be legally obtained by Nebraska patients enrolled in the Pilot Study. Patients are also required to present a doctor’s recommendation and get the product from a state-licensed pharmacy. While the state has only approved the CBD treatment of epilepsy, CBD is also used to manage numerous health conditions including HIV/AIDS, cancer, anxiety, Crohn’s disease, ADHD, multiple sclerosis, and glaucoma.
What are the 2019 News About CBD in Nebraska?
According to Nebraska TV, hemp-derived CBD oil was legalized in January and with the recent amendments, stores selling CBD products have started popping up everywhere. In Kearney, some shops who were previously selling CBD products silently are now advertising their products with some companies even using billboards.
Alisha Sobotka, owner of Natural Foods and Supplements says “When that law changed, we saw a lot more pop-up companies, a lot more multi-level marketing companies come out. With my wholesalers, I’m seeing a hundred new CBD distributors a month come out.” Now, there a dozen stores in the city selling CBD products and continue to grow.
Derek Rusher, the president and CEO of the Kearney Area Chamber of Commerce said “Is it a legal business? Yes, it is. The state of Nebraska recognizes it as a legal business and so we welcome them at the chamber. We are going to help them because they’ve obviously made an investment in our community.”
Senator Justin Wayne, who introduced the bill that clearly defined the difference between marijuana and hemp said “I think more and more people are becoming knowledgeable about it and are interested in the product and the product lines. I don’t think necessarily my deal has changed any of that. We have just provided a way for them to do it legally.” The senator also expressed that they are currently working on a bill for the next legislative session to improve the regulations on CBD and hemp products.
Not all Nebraska residents are aware of the amended rules and therefore, are not sure if CBD is completely legal in the state. Hence, it is important for residents to stay updated on the laws surrounding CBD by checking on it regularly as the legislation may change from time to time.