Claims: What’s the deal with CBD in NE?

Policy Claim:

Our local politicians have left Nebraskans without guidance to properly sell, purchase or consume CBD. The people just want to know what is legal. Ariel Roblin a reporter with KETV out of Omaha, explains the struggle of miscommunication among Nebraska legislature. Roblin states in her editorial that, “prosecutors, law enforcement, farmers and residences deserve these answers.

Continually, Roblin ends the editorial with another statement of accusing our state representatives of “being unaware of the nuances of hemp, which is dangerous and a disservice.” And I couldn’t agree more.

According to the U.S. Supreme Court in Connally v. General Construction Co. (1926), a law is unconstitutionally vague when people “of common intelligence must necessarily guess at its meaning.” Whether or not the law regulates free speech, if it is unduly vague it raises serious problems under the due process guarantee, which violates the Fifth and the Fourteenth Amendments (MTSU).

No person shall…be deprived of life, liberty, or property, without due process of law,” and is applied to all states by the 14th Amendment. Don’t you think depriving us these simple answers are in return depriving Nebraskans life, liberty and without due processing?

Lincoln Police Chief Jeff Bliemeister said, you could be jeopardizing your business, your employees and those who patronize your business if you sell these particular products (KETV). Yet, LB 657 removed hemp and its products from the list of controlled substances in the state to conform with federal laws.

Argumentative Claim:

Those federal laws were the Hemp Farming Act of 2018, which has legalized hemp in the United States. As long as there is no more than 0.3% THC, hemp producers are eligible for the federal crop insurance program and certain USDA research grants (Congress).

So what is the difference between hemp of no more than 0.3% THC and CBD of no more than 0.3% in Nebraska? We’ll I’m not sure.

We must turn to CBD (cannabidiol) in particular, discuss CBD’s legal status under the CSA; the FDA’s role in regulating and approving CBD products for medical purposes; and the steps required to take an investigational CBD product through that approval process (NCBI). 

While cannabis has had a long and twisting history, and although cannabis-derived products face daunting obstacles to achieving FDA approval as well as rescheduling under both federal and state law, the recent success of LB 657 is moving Nebraska forward.

For instance, one product Epidiolex® should inspire other manufacturers to develop additional cannabis-derived products through the FDA process. The U.S. Food and Drug Administration approved Epidiolex® [CBD] oral solution for the treatment of seizures associated with two rare and severe forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome, in patients two years of age and older (FDA). 

If Nebraska is really willing to spearhead their medical advancements, instead of suppressing the possibilities of CBD, I suggest taking this task and expanding on the potential of CBD rather than be frighten.

Published by Jasmine Thompson

My name is Jasmine Thompson and I am a creative intermediate graphic designer with a strong background in project management, space planning, and computer-aided design.

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