The Cornhusker State has adopted a strict approach when it comes to CBD Oil Legalization in the State. However there seems to be some room to legally wriggle into getting yourself a bottle CBD Oil. Read on to find out!
Is CBD oil Legal
However, as it is federally legal to cross borders with Hemp Oil containing 0.1% or less THC, you can order your CBD Online and have it shipped to you directly. Provided this bottle of CBD Oil is made from Hemp only and contains no more than 0.1% THC.
All other forms of products made from Marijuana for any purpose are Illegal.
Nebraska is one of the most conservative states and a very unfriendly ground if you intend to buy or use marijuana or CBD in any form other than the federally approved ‘Epidiolex’ for the treatment of epilepsy.
What's Legal, What's Not!
Nebraska’s Senate is dominated by the Republican Party who are known for their conservative policies with many people openly opposed to any legalisation movement when it comes to CBD oil or any of its other products for any kind of use by the general public.
Nebraska has only one legal document in the form of Legislative Bill 1001 which was passed in 2014 that classified industrial hemp as an agricultural product. This bill allowed universities under the Department of Agriculture to cultivate hemp under a pilot program with less than 0.3% THC content.
In 2016, LB 622 and a further resolution in the form of LR293CA were both very comprehensive medical proposals to implement a medical marijuana program in the state, which were both impeded. Since then no other legal documents have been set forth in the Senate towards discussing CBD or medical cannabis in any form whatsoever.
In the state of Nebraska, if anyone is found using or selling a product containing CBD, they are charged with a class four felony as it is considered as a controlled substance and people cannot even possess or distribute it. This definition of a controlled substance makes CBD look like marijuana and treats it as such too. There is a legislative bill that might hit the Senate sometime soon but the date for it is not fixed as neither are the details of this bill yet in the public domain.
The only other place who may handle and possess any cannabidiol or CBD is the University of Nebraska and Nebraska Medicine and even then only by the identified people who are participating in the medical cannabidiol pilot study. Anyone else found in possession of it even in their premises will be treated as if they are in possession of a controlled and illegal substance.
This pilot study is to study a new drug which might treat conditions like anxiety, Parkinson’s disease and multiple sclerosis. The CBD oil may or may not have these medical properties but in the eyes of the law at present, it is an illegal substance only and is treated like a contraband.
Just like in the other states, there were a few shops and retailers who were storing CBD oils with some of them also genuinely thinking that it is legal also advertising it clearly in front of their stores. Law enforcement raided one such vape store and treated the store owners as if in possession of marijuana.
One legal loophole helped this store owner as nowhere in the legal jargon is CBD oil termed clearly as ‘marijuana’. According to Nebraska Revised Statute 28-401 (13), marijuana includes all parts of the genus cannabis plant. However this does not include the mature stalks of the plant or the cannabidiol. It also does not list CBD oil as a controlled substance.
The 2018 Farm Bill does allow and legalise the commercial production of hemp but stops short of creating a framework for its implementation in individual states. The bill also removed industrial hemp from the listing of controlled substances. State laws in this case are important to allow cultivation, extraction and usage of CBD oil.
Nebraska however does have a stamp tax that applies to the transportation of marijuana which is catalogued as a contraband. This stamp tax is applicable to a person who is found buying, transporting or importing marijuana into Nebraska under Nebraska Penal Code 77-4301. Such people are supposed to pay a stamp tax and place the proof of payment with the contraband item which will be in the possession of the state as it is illegal. Such a person after paying the stamp tax will also be liable for payment of unpaid taxes and $100 for every ounce over 6 ounces of material found in their possession.
Where to buy CBD oil
Simple answer is ‘no where’ in the state of Nebraska unless you want to test the law and its effectiveness to land you in jail. There however are still a few businesses playing the wait and watch game but in my opinion it is a dangerous line to follow.
Some of these irrepressible places are:
- CBD American Shaman of Omaha S 96th, 4721 S 96th St, Omaha, NE 68127, USA
- CBD Remedies, 2723 N 48th St, Lincoln, NE 68504, USA
- Mystic Moods, 157 N 72nd St, Omaha, NE 68114, USA
- The CBD Oil Shop, 1517 Farnam St, Omaha, NE 68102, USA
Horrors of Buying CBD locally
The real problem in getting arrested for possession or use of CBD oil is not just arrest and public humiliation of such an arrest but also the time that the law enforcement will take to test the substance they have confiscated.
An investigation of CBD oil is treated in the same manner as a narcotics investigation and the government has to prove in the court of law that the substance they found is beyond reasonable doubt an illegal substance. This proving procedure could take months and even if at the end of it all they find that it was not CBD for whatever reasons, you shall still have to reside in jail for this period of time.
It seems vape shops are the new targets of law enforcement in this regard as ironically many vape shops were openly advertising the CBD products. They were mistakenly believing that the products containing CBD was legal as per the Farm Bill or some such federal decree. A mother and son who had recently opened up a shop in Scottsbluff, Nebraska were arrested and made headlines in December 2018 as have many others in the state with mistaken knowledge of the law.
How to get CBD Oil Online
As of September 2018 under the federal law CBD products that have no more than 0.1% THC content are legal to purchase and transport across state borders. So before buying CBD Online check for the following:
- CBD is made from only from Hemp
- It contains no more than 0.1% THC
- Reach out to the customer support and gauge their commitment
- Read reviews online
- Check for third party lab test reports
Final Thoughts on CBD Oil in Nebraska
It is advisable to order your CBD Online if you want to use or buy CBD in Nebraska. Also make sure the CBD you order is made from Hemp and contains less than 0.1% THC.
We hope the laws follow some of the legal documents from other states and allow this health giving product for its residents sometime sooner than later.