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Nebraska has been resistant to cannabis legalization, with several failed attempts to establish a medical cannabis program, leaving residents uncertain about CBD legality.
Is CBD legal in Nebraska? Yes, it is, as the state removed hemp-derived CBD from its controlled substances list following the 2018 Farm Bill.
Despite this progress, it’s essential to ensure that any products you intend to buy comply with Nebraska laws on CBD. This includes knowing the legal status of CBD oil in Nebraska and whether CBD gummies are allowed. Residents can find CBD gummies in Omaha and hemp flower in Nebraska, but always check for product compliance with state regulations to ensure safe usage.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Nebraska?
Is full spectrum CBD legal in Nebraska?
Does Nebraska have a CBD possession limit?
Can doctors prescribe CBD in Nebraska?
Where to buy CBD in Nebraska?
Can you buy CBD at 18 in Nebraska?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Nebraska's LB 657 in 2019 established a hemp agriculture plan, aligned state definitions with federal law, and removed hemp-derived CBD from the controlled substances list, allowing broader access to CBD products, though regulations on production and use remain limited.
Let's dig into the details:
Nebraska passed a bill to establish a hemp agriculture plan in the state before the 2018 Farm Bill was even signed into law, but this outdated legislature only provided hemp access to the state Department of Agriculture and various approved universities.
At the time, Governor Doug Peterson issued a statement declaring that CBD was only legal if it was used in an FDA-approved medication or distributed as part of the approved University’s research programs. Despite the states’ limited hemp agriculture plan, CBD was still listed as a controlled substance in Nebraska.
In May of 2019, Governor Pete Rickets signed LB 657 into law, a bill informally known as the Nebraska Hemp Farming Act.
In line with the hemp pilot programs found in progressive hemp states, like Kentucky or Colorado, this bill extended access to hemp to farmers across the state. It also redefined hemp to match federal definitions, dictating that any cannabis substance with less than 0.3% THC by weight could be classified as hemp.
The bill did not mention CBD directly, but included “extracts or cannabinoids” in hemp’s new definition, effectively barring the prohibition of CBD from hemp. This new bill does not place very many regulations on the productions of CBD, aside from requiring that hemp growers and manufacturers be licensed by the state in accordance with the federal farm bill.
Eventually, the state’s controlled substances list was also updated to remove hemp-derived CBD, making cannabidiol accessible across the state. However, the state has made no more direct statements on CBD or how it can be used. In other words, Nebraska has much more lenient CBD laws than states where CBD consumables are prohibited, like California, Georgia, and Minnesota.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Nebraska’s laws allow CBD products to contain up to 0.3% THC, so full spectrum CBD is legal in the state.
Nebraska does not define any possession limits for CBD products derived from industrial hemp that meet state requirements. Other CBD products, like those derived from cannabis, are illegal in the state.
No prescription is needed to access CBD in Nebraska. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Nebraska laws make it possible for CBD to be manufactured and sold in the state, and you may find a variety of CBD products at stores local to you. Still, the state imposes no regulations to ensure consumer safety, and this lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
There is no federal legal age for purchasing CBD, making it theoretically accessible to all ages. In Nebraska, there is no specified legal age, but vendors often set their own age restrictions, typically requiring buyers to be 21, similar to tobacco laws.
However, many CBD brands allow online orders for customers aged 18 and older, shipping legal CBD products to Nebraska.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Nebraska, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Hemp-derived CBD products are legal in Nebraska, provided they contain less than 0.3% THC by weight. This includes CBD oils, capsules, and edibles.
As of now, Delta 8 is not specifically addressed in Nebraska's laws, but the state's stance on cannabis products may evolve. It's advisable to stay updated on local regulations.
While most states have legalized CBD, some states have stricter regulations. Check local laws for specific restrictions, especially in states like Idaho, South Dakota, and Nebraska, where regulations can vary.
Dispensaries in Nebraska primarily operate under the state's medical marijuana program and may provide access to CBD products. However, the legality and availability can differ based on local regulations.
No, Nebraska does not currently have legal recreational dispensaries. Cannabis remains illegal for recreational use, although medical dispensaries are available for approved patients.
Yes, hemp-derived CBD edibles are legal in Nebraska as long as they comply with the state's regulations of containing less than 0.3% THC.
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