The legislative bill LB 657 removed hemp and its products from the list of controlled substances in Nebraska to conform with federal laws but Lincoln Police Chief Jeff Bliemeister said it also placed regulations on CBD products (KETV).
The product has to come from a hemp plant, contain less than .3 percent THC, and there are strict manufacturing, testing and delivery requirements (KETV).
Cannabidiol derives from the hemp plant, which is in the same family as the marijuana plant, the difference being industrial hemp contains higher levels of CBD oil and extremely low levels of THC, the chemical that produces a high. Most products sold in NE contain roughly 0.3 percent THC often found in CBD oil (1011NOW).
Nebraska Attorney General Doug Peterson informed state law enforcement that CBD oil remains illegal under state law stating, “with the exception of Epidiolex oral solution, cannabidiol or any product containing cannabidiol, obtained by any means other than the authorized UNMC study, remains illegal to possess, manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense” (1011NOW).
What that means is no one but UNMC can obtain CBD oil in Nebraska.
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Although, the Industrial Hemp Farming Act of 2015 amends the Controlled Substances Act to exclude industrial hemp from the definition of “marihuana.” Defines “industrial hemp” to mean the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-nine tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis (Congress).
However, Sean Pickett, attorney for American Shaman, based in Kansas City, said levels below those exceptions are undefined. “Products underneath those levels are legal under the state of Nebraska,” Pickett said (1011NOW).
CBD contains many more cannabinoids and organic compounds such as terpenes. These other compounds are non-psychoactive, and they are helpful to the body (American Marijuana).
One of the biggest points of confusion regarding CBD oil is whether or not it is marijuana at all. Under Neb. Rev. Stat. § 28-401, marijuana is defined in a very broad manner — including virtually all parts of the cannabis plant (Criminal Defense NE).
However, the Nebraska statutes do not list CBD oil as a controlled substance. What does that mean? It means the question of whether or not CBD oil is actually legal in Nebraska depends, in large part, on what is actually in the specific CBD oil that you have (Criminal Defense NE).
To be clear, possession of hash oil is strictly illegal. But, hash oil has large amounts of THC. In contrast, CBD oil often does not have THC. Of course, for the average consumer, it can be difficult to know what exactly is in these largely unregulated products (Criminal Defense NE).
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