OUR Articles With marijuana laws evolving all around the country, new areas of the industry are being brought to light to be assessed for legality purposes. One of the most pertinent areas Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG
With marijuana laws evolving all around the country, new areas of the industry are being brought to light to be assessed for legality purposes. One of the most pertinent areas being debated on is the legality and use of cannabidiol (CBD).
What is CBD?
CBD is one of an estimated 100-plus cannabinoids found in the marijuana plant that is extracted as the plant’s resin. A cannabinoid is defined as “any various chemical constituents (such as THC [tetrahydrocannabinol] or cannabinol) of cannabis or marijuana.” Unlike its more popular relative THC, CBD is non-psychotropic which means it does not produce the “high” that THC does. Therefore most industrial varieties of hemp contain minimal amounts of THC—usually less than 0.3%—with a CBD-to-THC ratio close to 10-to-1.
CBD Medical Usage
The main interest in CBD of late has come from its purported medical uses. Various studies have reported numerous medical ailments that have been relieved or reduced due to the ingestion of CBD. Earlier this year, the World Health Organization (WHO) released a report stating that CBD has several medical applications, with evidence suggesting the effective treatment of epilepsy and preliminary evidence of success in the treatment of cancer. WHO also noted that CBD exhibits no effects of abuse or dependence potential in humans, and no evidence exists showing recreational CBD use or public health concerns arising from CBD. However, despite the promising reports of the positive effects of CBD, it is still illegal on the federal scale and classified as a schedule I drug.
The federal law surrounding marijuana and the parts of the plant indicate the only parts that can be harvested and used legally is the stalk of the mature plant and sterilized seeds incapable of germination. However, the line is drawn hard here. Any resin, including CBD, that is extracted from the mature stalk is still considered marijuana and is therefore illegal. Regardless of mostly Internet-based arguments that CBD is legal under federal law, the Department of Justice maintains that CBD, along with all marijuana extracts, is still and always has been a Schedule I controlled substance.
There is one exception to the federal laws surrounding marijuana however. Under the Agricultural Act of 2014, more commonly referred to as the “Farm Bill”, marijuana can be grown and harvested by institutes of higher education or a state’s department of agriculture to grow or cultivate “industrial hemp”. Importantly, the section defines “industrial hemp” to mean any Cannabis sativa L. plant, or any parts of the plant, whether growing or not, with a THC content of no more than 0.3%. The bill is to allow the state to closely regulate the growth and cultivation of extremely low-THC hemp for the purposes of research. Anyone growing the hemp—whether a University or an individual famer—must register and certify with the state while also using the hemp for research purposes.
With the passage of the “Farm Bill” the University of Nebraska saw its chance to conduct important and incredibly pertinent research on the ailments of CBD. Starting in May of 2015, the Nebraska Unicameral passed LB390 which created a pilot study though the University of Nebraska and Nebraska Medicine. The Medical Cannabidiol Pilot Study allows the University of Nebraska and Nebraska Medicine, and only those two, to produce or possess CBD for research purposes. In pursuit of this research, only the University of Nebraska Medical Center may test the CBD and only the Nebraska Medicine Research Pharmacy may dispense CBD for research purposes. Finally, only patients with intractable seizures and treatment resistant seizures may, with a physician’s order, obtain CBD under the Pilot Study.
Although the World Health Organization has recently released a statement that cannabidiol has several medically viable uses, is not prone to abuse and raises no public health concerns, the United States DEA has not moved CBD away from being a Schedule I controlled substance as it falls under the Controlled Substance Act’s definition of “marijuana”. This means at the federal level, CBD is still illegal to possess, use, manufacture or transport in interstate commerce. While the 2014 Farm Bill, in the eyes of some, created an exception through the growing and cultivating of industrial hemp a number of administrative regulations and public notices maintain that CBD is not legal at the federal level.
In terms of Nebraska law, CBD is slightly more legally available. This is because Nebraska’s version of a controlled substance act, the Uniform Controlled Substance Act, excludes CBD products that are approved by the FDA from the state’s definition of marijuana. This, coupled with the creation of the Medical CBD Pilot Study, allows certain medical patients to receive CBD medication as part of a research program into the viability of CBD medications. The state has also taken advantage of the opening created by the 2014 Farm Bill and created a CBD research program that allows secondary institutions to grow and cultivate industrial hemp for purposes of researching CBD. This means while CBD and its precursors are legal in limited situations, generally CBD is still illegal in the state of Nebraska.
If you or a loved one has been the target of a cbd, marijuana, or other narcotic investigation, contact the aggressive experienced criminal defense attorneys at Berry Law.
Is CBD Oil Legal in Nebraska? (2022 CBD Laws)
Nebraska’s cannabis-permitting laws are late and lean compared to some other states. This is interesting given that NE was the first state in the Union to decriminalize it.
At any rate, hemp CBD with no more than 0.3% THC is legal in Nebraska. The state currently has no medical marijuana program or other permissions for therapeutic cannabis usage — but keep your eyes open for ballot measures in upcoming elections as there’s active support for this. Recreational marijuana is prohibited.
Nebraska CBD Laws At A Glance
Here are the mainthings all Nebraskans should know about CBD-related laws in the state:
• Hemp-derived CBD with ≤ 0.3% THC is legal.
• You’ll likely need to be 18+ to buy CBD.
• The state doesn’t have a medical cannabis program or any other means of legally allowing patients to access/use cannabis therapeutically.
• Recreational marijuana use is outlawed but possession has been decriminalized.
Is CBD Legal in Nebraska?
Nebraska’s stranglehold on all things cannabis is slowly easing. After loosening its grip slightly in the late 1960s and late 1970s, not much happened for many years. But, within the last decade, NE’s laws seem to be releasing the state’s clutch, like lifting one finger at a time.
Check out this brief highlights reel of Nebraska’s CBD-related legislation:
- In 1969 and again in 1979, NE decriminalized cannabis possession. These laws relaxed penalties for first-time offenders.
- The mid-2010s saw a couple failed attempts to change cannabis laws. Including trying to sue Colorado for the “spillover” effects of its legalization marijuana. (The Supreme Court nixed this lawsuit.) The second unsuccessful proposal was the 2015 Cannabis Compassion and Care Act (LB6 43).
- LB 390, passed in 2015. Created a means for the University of Nebraska and Nebraska Medicine to produce and possess CBD for research purposes. This program did let certain qualifying patients participate in clinical studies.
- The next big piece of legislation was the 2018 Farm Bill. This act federally legalized industrial hemp and its byproducts, including CBD, so long as they had 0.3% or less THC. However, at this point, NE articulated that hemp and CBD in the state were still strictly illicit.
- In 2019, the state adopted the Nebraska Hemp Farming Act (LB 657), which established an industrial hemp program to be administered by the Nebraska Department of Agriculture. This statute was amended in 2020 (LB 1152). The legislation okayed the commercialization of low-THC hemp and its derivatives.
- A medical cannabis program is still on Cornhuskers’ minds. A measure regarding this was supposed to be on the 2020 election ballot. However, the Nebraska Supreme Court invalidated it for technical reasons. It’s expected, though, that a new ballot measure will be included in a future election. Stay tuned!
Is CBD Legal In In Nebraska? CBD Shopper’s Guide
Looking to purchase CBD in Nebraska? You’re in luck! Hemp CBD products are legally available at state-licensed brick-and-mortar stores and dispensaries. Assuming there’s internet access in the Cornhusker State — and we’re pretty sure there is — you also have CBD online stores at your fingertips. Simply locate a trustworthy retailer and take your pick of shopping methods.
Purchase CBD At Brick & Mortar Stores
There’s a lot of things to love about Nebraska, and local access to CBD might be one of them. While there may not be too many places in your neighborhood to stock up on CBD, that’s bound to change soon. The recent changes in industrial hemp laws means eager sellers are probably queuing up at a licensing bureau right now.
So, it’s possible that you’ll begin to spy items containing CBD on the shelves of your neighborhood wellness shop or CBD dispensary. Since types and quality of CBD products can vary widely, find a store with knowledgeable staff and a good selection.
Buy CBD Online
Nebraska permits you to purchase CBD in person, but you might find it more convenient to buy CBD online. Whether you can’t find your favorite CBD products in nearby stores or just prefer the ease of filling a virtual cart, online shopping for CBD is a great option in Nebraska.
Speaking of which, you can safely buy CBD products online from Pure Craft. In fact, here are some high-quality CBD products that’re popular with Nebraskans near you: