Is Delta 8 Legal in Nebraska? (2024 Update)

by Kat Austin February 19, 2021 7 min read

Is Delta 8 Legal in Nebraska? (2024 Update) - Vida Optima™

Delta-8-THC, a hemp-derived psychoactive cannabinoid, is legal according to federal law, but state laws aren't always so clear. Is Delta-8 legal in Nebraska? And if so, what are the laws and limits affecting consumers?

For now, yes, Delta-8 is legal in Nebraska, but recent legislation aims to change that fact. Here's what we know:

Looking for legal Delta-8-THC you can buy in Nebraska? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Nebraska Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Nebraska?
Delta-8-THC Possession Limits in Nebraska
Is Delta-9-THC Legal in Nebraska?
Where to Buy Delta-8 in Nebraska
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?

Key Takeaways

  • Delta-8, derived from legal hemp, is federally legal and legal in Nebraska.
  • Lawmaker's argue that Delta-8 is legal through an unintended loophole, and new laws may change Delta-8's legal status in the state. 
  • For now, Delta-8 is legal to buy in Nebraska, but you need to verify Delta-8 is sourced from legal hemp by a licensed grower to ensure legality. 

Nebraska Delta 8 THC Laws

Nebraska enacted their own hemp laws shortly after the passing of the 2018 Farm Bill. These laws broadly legalized hemp (and CBD) and labeled hemp material as an “agricultural commodity” that could be grown, processed, and marketed.

Nebraska’s definition of hemp is similar to the federal definition. Hemp is defined as any Cannabis Sativa material, living or not, including cannabinoids, isomers, extracts, and other derivatives, providing the dry material did not contain more than 0.3% Delta-9-THC.

Given this definition, we believe that Delta-8-THC (a naturally occurring hemp derivative) is legal in Nebraska. Other states in the area (like South Dakota, Kansas, and Missouri) have similar Delta-8 laws, and the local market may include products from states that aren’t yet well regulated.

Here’s some snippets from the official Nebraska state laws:


Chapter 2-503. Terms, defined.

(8) Federally defined THC level for hemp means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis as defined in section 10113 of the Federal Agriculture Improvement Act of 2018, Public Law 115-334, as such section existed on January 1, 2019;

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq. SEC. 10113. HEMP PRODUCTION.

Subtitle G. SEC. 297A. DEFINITIONS.

‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(11) Hemp means the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp shall be considered an agricultural commodity. Notwithstanding any other provision of law, hemp shall not be considered a controlled substance under the Uniform Controlled Substances Act;

(21) THC means tetrahydrocannabinol.


28-401. Terms, defined.

(13) Hemp has the same meaning as in section 2-503;

(14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds.

(b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration or obtained pursuant to sections 28-463 to 28-468.

(c) Marijuana does not include hemp.

Chapter 28-405. Controlled substances; schedules; enumerated. Schedule I

(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and, for purposes of this subdivision only, isomer shall include the optical, position, and geometric isomers:

(7) Marijuana;

(25) Any material, compound, mixture, or preparation containing any quantity of synthetically produced cannabinoids as listed in subdivisions (A) through (L) of this subdivision, including their salts, isomers, salts of isomers, and nitrogen, oxygen, or sulfur-heterocyclic analogs, unless specifically excepted elsewhere in this section. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or compounds of these structures shall be included under this subdivision, regardless of their specific numerical designation of atomic positions covered, so long as it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:

(A) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers;

Two flowering hemp plants, the federally legal material used to make Delta-8-THC products.

Proposed Changes to Delta-8 Laws in Nebraska

A recent proposal suggests changes to Delta-8 legality in Nebraska. Led by Senator Teresa Ibach, LB999 aims to restrict hemp-derived cannabinoid products like Delta-8.

While some support the proposal, others argue against it, highlighting the importance of hemp products to various consumers who cannot access traditional cannabis products. For now, the fate of LB999 is uncertain, but it reflects ongoing debates about regulating hemp-derived products in Nebraska.

Is Delta-8 a Controlled Substance in Nebraska?

The state’s controlled Substances Act does address tetrahydrocannabinols from cannabis under the “Marijuana” section of the bill. However, it prefaces this text by excluding “hemp” (as defined above) from the state’s legal definition for marijuana.

Therefore, no, Delta-8-THC is not a Controlled Substance in Nebraska.

Delta 8 THC Possession Limits in Nebraska

Nebraska law does not define any possession limits for hemp-derived products, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Nebraska?

No. Cannabis is prohibited for both medical and recreational use in Nebraska. First offense possession of high-THC cannabis material is considered an infraction in Nebraska, which is punishable by a fine of up to $300. The state also requires the offender to attend drug-abuse courses, and the punishment increases for every offense.

Where to Buy Delta 8 in Nebraska?

Delta-8 vapes, which may be legal and accessible, but not yet well regulated in Nebraska.

Nebraska allows hemp and hemp-derived products containing less than 0.3% Delta-9-THC to be manufactured and sold within the state. State regulation is currently limited, but you may be able to find Delta-8 products in a limited number of stores in Nebraska.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Nebraska?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Nebraska according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in Nebraska? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

Vida Optima Elev8 Caramels

FAQ: Is Delta 8 Legal in Nebraska?

Can you smoke Delta-8 in Nebraska?

Yes, you can smoke Delta-8 in Nebraska as it is legal in the state. However, it's important to note that Delta-8 products are not as regulated as those made from Delta-9 THC, potentially leading to untested products in the market.

Is Delta-9 legal in Nebraska?

Yes, Delta-9 THC is legal in Nebraska if it is derived from hemp and contains less than 0.3% THC by dry weight. This aligns with federal regulations and allows for the lawful sale and use of Delta-9 THC products.

What states is Delta-8 illegal in?

Delta-8 THC is illegal in several states, including Alaska, Colorado, Delaware, Hawaii, Idaho, Massachusetts, Mississippi, and Montana, among others. However, it is legal in Nebraska.

What is the Delta-8 lawsuit in Nebraska?

Nebraska's attorney general has filed consumer-protection lawsuits against Delta-8 THC retailers in 10 counties. These lawsuits aim to regulate the sale of hemp-derived Delta-8 THC products, highlighting concerns about their alleged risks.


  1. “H.R.5485 - Hemp Farming Act of 2018”
  2. “Drug Fact Sheet: K2/Spice”
  3. “MARINOL”
  4. “H.R.2 - Agriculture Improvement Act of 2018”
  5. “Nebraska Revised Statute 2-503”
  6. “Nebraska Revised Statute 28-401”
  7. “Nebraska Revised Statute 28-405”
  8. “Nebraska Revised Statute 28-416”

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