CBD Oil Nebraska 2020 – Is It Legal & Where To Buy?
CBD oil and cannabis-derived products are some of the most popular health and wellness products being sought for on the current market. CBD is available in all 50 States in the U.S. and in 40 countries around the world. In fact, the hemp market makes an average of $500 million annually.
In Nebraska, you’ll find only a few CBD shops. However, with CBD getting more popular by the day and its significant health potential, affordability, and varieties, the CBD market in Nebraska could accelerate.
Meanwhile, due to the limited number of CBD shops in this state, you can still quickly and conveniently get CBD oil online. Most online CBD sellers are wholesale retailers who create an affordable means for you to buy premium C.B. oil in bulk.
You can find CBD oil in capsules, edibles, tinctures, concentrates, balms, wax, and more. With excellent delivery services, you can have CBD oil shipped right to your doorstep for a small additional fee.
Horrors of Buying CBD Oil Locally in Nebraska and Why You Should Buy Online?
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If you are arrested in possession or using CBD oil in Nebraska, the real problem won’t be just the arrest but the public humiliation of the arrest and the time law enforcement will take to test what was confiscated from you.
Law enforcement will treat an investigation of CBD oil in the same manner as they would a narcotics investigation. Hence, the government has to prove that the substance they found on you is without reasonable doubt, an illegal substance in the court of law.
The time and procedure they use to prove this could take months. Even though they discover that it wasn’t CBD, you will still have spent time in jail for a period of time. Law enforcement, in this regard, targets vape shops because most vape shops advertise CBD products too.
In December 2018, a mother and son made headlines after they were arrested in Nebraska for opening a vape shop in Scottsbluff after they had mistaken the knowledge of law about CBD products as per the Farm Bill.
Luckily, under federal law, as of September 2018, it is legal to purchase or transport CBD oil products containing no more than 0.3% THC content across state borders. Hence it is much safer to purchase CBD oil online. However, before buying CBD products online do the following:
- It contains no more than 0.3% THC
- CBD oil is made from hemp only
- Reach out and gauge the commitment of the company’s customer support
- Check for third-party laboratory test reports
- Read online reviews
Benefits of Buying CBD Oil Nebraska Online
One of the best reasons why you should buy CBD oil from an online retailer is because you will have a variety of options to choose from. Your local marijuana or CBD store will only stock CBD products depending on the demand, preference, and taste of people living in that area.
The store could also have a particular brand that endorses the store, and also, due to the laws against marijuana products in Nebraska, they may fail to have a specific type of CBD oil. They are also limited to keeping these products available only for a short period of time to avoid rubbing shoulders with the law.
Hence, with store hoarding particular products, you will be limited to buying the available products only even though that’s not what you wanted. This is why online CBD shopping should be an option. Besides living in the state of Nebraska, online purchases from an online CBD store could be the only safe option you have.
Online shopping is also a better option for people with special needs who can’t drive or leave the house. With online purchase, all you need to do is click on the product of your choice, and thanks to delivery and shipping services, you will receive the product conveniently at your doorstep.
Online shopping will also reduce the number of people you have to talk to when considering buying CBD oil. Nebraska has tight laws on this, and the best way to protect yourself is to make sure no one knows about your intention to procure CBD oil.
You will also be able to choose the type of CBD oil you want. The two types often available include the full-spectrum and isolates. Full-spectrum CBD oil will contain no more than 0.3% of THC. If you work in a place where random drug tests are made, note that full-spectrum CBD can trigger the drug test results.
Hence, those whose jobs require drug testing should avoid full-spectrum CBD and opt to isolate CBD oil, which is free of THC. Isolates are also better for people who are sensitive to other compounds.
Online shopping will expose you to different brands you can choose from. You will be able to research the reputation of a brand, know where they’re located, know who is behind the brand, and how transparent they are about their products.
You will be able to access third-party lab results before buying the products. These results help prove that the brand’s CBD oil has met quality standards. Hence, if you’re looking for hemp that has been purely extracted, has a high concentration of CBD and low THC concentration, then the easiest way to make sure of this is by checking the third-party lab results.
Most importantly, you will have the option of choosing a product that is within your budget. Buying online has always been a great way to do comparison shopping before settling for a product.
However, remember that producing high-quality CBD oil is expensive, so if you notice the price tag is suspiciously low, it could mean that the manufacturer is cutting corners on concentration levels and extraction methods.
Hence, make sure to always do your homework first. You will ever get what you pay for. We aren’t advising you to ignore a friendly deal, but sometimes the low prices scream rip off.
Is CBD Oil Legal in Nebraska?
It is federally legal to cross borders with Hemp oil so long as it is THC-free or contains less than 0.3% THC. Provided the bottle is made of hemp, only you can also have it shipped directly to you. However, any other form of marijuana products meant for any other purpose is illegal.
If you intend to buy or use CBD or medical marijuana in any other form other than the FDA approved Epidiolex, Nebraska is a very unfriendly ground. It is one of the most conservative states. The Nebraska Senate is dominated by Republicans who are famous for conservative policies.
In this state, many people are openly opposed to legalizing CBD or CBD by-products for any kind of use by the general public. They only have one legal document, the Legislative Bill 1001, passed in 2014.
The legal document classified industrial hemp as an agricultural product, allowing universities to cultivate hemp under the Department of Agriculture and a pilot program allowing less than 0.3% THC content.
In 2016, two very comprehensive medical proposals, LB 622 and LR293CA, were impeded to implement a medical marijuana program in the state. Since then, in regards to CBD or medical marijuana, there has been no other legal documents presented to the Senate.
Hence, in the state of Nebraska, you can be charged with a class four felony if found selling or using a product containing CBD as it is considered a controlled substance. People aren’t allowed to possess or distribute it. Identifying CBD as a controlled substance makes it look and be treated like marijuana.
There is suspected to be another legislative bill that could hit the Senate soon. However, no details have been presented to the public domain about the bill, and the date is not fixed. The only CBD oil allowed in Nebraska is Epidiolex, a drug approved by the FDA to treat a severe form of epilepsy. This drug can only be obtained from a healthcare provider.
Nebraska Medicine and the University of Nebraska are the only other places where CBD or cannabidiol can be handled. Even then, the people identified to do so are supposed to be participants in the medical cannabidiol pilot study.
Anyone else found in possession of CBD in these premises will be arrested for possession of an illegal and controlled substance. The on-going pilot study studies a new drug that might treat conditions like multiple sclerosis, Parkinson’s disease, and anxiety.
While CBD may or may not have these medical advances and properties, in the eyes of the Nebraska law, it is still treated as an illegal substance and contraband. However, just like in most states, you will still find a few retailers and shops in Nebraska who store and sell CBD oils.
Some genuinely think that it is legal and advertises the products as legal in front of their stores. However, law enforcement can raid such vape stores and treat the owners as criminals in possession of marijuana.
One store owner was raided but used one legal loophole where CBD oil had not been termed concisely as marijuana in the legal jargon. Marijuana includes all parts of the cannabis Sativa plant in the Nebraska Revised Statute 28-401 (13), but it doesn’t include mature stalks of the plant and hasn’t listed CBD oil as a controlled substance.
Even so, commercial production of hemp has been allowed and legalized in the 2018 Farm Bill. However, the bill falls short of creating a clear framework for implementation in individual states. Luckily, the bill removed industrial hemp from the controlled substance list. In this case, State Laws are crucial in allowing cultivation, extraction, and usage of CBD oil.
Even so, transportation of marijuana is still cataloged as contraband in Nebraska, and thus a stamp tax applies in this case. Anyone found transporting, importing, or buying marijuana in Nebraska is subjected to this stamp tax under Nebraska Penal Code 77-4301.
Hence, if found, you will have to pay the stamp tax and present proof of payment, and the contraband will end up in possession of the state under illegal substances. After you pay the stamp tax, you will be liable for paying unpaid taxes as well as $100 for each ounce over six ounces of material that was found in your possession.
Where to Buy CBD Oil in Nebraska?
Unless you want to test the effectiveness of the state of Nebraska laws and end up in jail, the simple answer to this question should be ‘nowhere.’
However, there are a couple of retailers playing the wait and watch game and are selling CBD oil off their stores. Some of these irrepressible places include:
- CBD American Shaman of Omaha S 96 th – Address: 4721 S 96 th St, Omaha, NE 68127
- The CBD Oil Shop – Address: 1001 Farnam St Omaha, NE 68102
- CBD Remedies – Address 2723 N 48 th St, Lincoln, NE 68504
- The Vitamin Shoppe – Address: 6105 O St, Lincoln, NE 68510
- Habitz Glass & Goodies – Address: 4446 S 84 th St, Omaha, NE 68127
If you want to buy or use CBD oil in Nebraska, we recommend ordering it online. While you order CBD oil online, make sure that it is made from hemp and has less than 0.3% THC. While accessing CBD oil even for health purposes is hard in Nebraska, we hope that the laws will eventually follow the legal documents for other states and ultimately allow residents to use this health-giving product sooner rather than later.
Frequently Asked Questions
No. CBD oil doesn’t cause mind-altering effects, unlike marijuana. THC (tetrahydrocannabinol) is a psychoactive component found in the cannabis plant. This is the compound known to cause a high, not CBD. CBD contains less than 0.3% THC, which isn’t strong enough to cause a euphoric high.
Research shows that CBD only has a few adverse effects. Generally, it has an excellent safety profile, and the potential side effects are mild. However, taking too much CBD can cause adverse reactions, even though they are rare. Hence, it is essential to make sure that you take the right amount of CBD to avoid unwanted side effects.
Though most people refer to CBD oil like hemp oil, there is a difference between the two. There is hemp oil that contains CBD, which is useful. While there is also hemp seed oil, which doesn’t have therapeutic potential as CBD oil, they are also made differently.
Doctors with a license to work in Nebraska aren’t allowed to prescribe CBD or cannabis-derived products. However, they can support patients with intractable epilepsy by giving them a certificate to use the FDA approved drug containing CBD. Any doctor who does the contrary will risk losing their license or could end up facing trial.
About Keith Myers
Keith J. Myers is Editor in Chief of the Health Canal. He has overseen and directed the editorial growth and skill of this website since 2012. Before joining Health Canal, Keith was a writer and editor who covered topics in CBD, health, science, and wellness.
How do you navigate buying and using CBD in a state where CBD and cannabis-derived products are illegal. We look at where to buy CBD oil Nebraska 2020
Is CBD oil legal in Nebraska?
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- What is CBD?
- Why is CBD sometimes illegal?
- Nebraska CBD laws
- Where to buy CBD in Nebraska
- How to read CBD labels and packaging
Yes, cannabidiol (CBD) oil and other products derived from hemp that have been evaluated by regulators are legal in Nebraska.
The Nebraska Hemp Farming Act, signed into law on May 30, 2019, allows for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture. CBD that is derived from the marijuana plant is still considered illegal in the state and federally, unless it meets Food and Drug Administration (FDA) requirements such as in prescription formulations.
The act aligns with the federal Farm Bill of 2018 and its definitions of hemp and marijuana, using 0.3% THC by weight as the legal threshold between the two.
What is CBD?
CBD is a non-intoxicating cannabinoid, and the-second-most prominent compound in the plant after THC, which is largely responsible for the cannabis high. Sourced from marijuana or hemp plants, CBD has a wide range of potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. Most cannabis strains on the market today contain small amounts of CBD, compared with THC. But since the cannabinoid has gained considerable attention for its wide range of potential benefits, a number of high-CBD strains have popped up in recent years.
CBD elicits effects on the body through a range of biological pathways, including the body’s most common cannabinoid receptors, which cannabinoids bind to so they can be broken down and dispersed by enzymes. Current research suggests that the benefits of CBD are achieved when the cannabinoid activates multiple receptor pathways rather than just one. This may also account for CBD’s wide range of potential therapeutic uses.
Why is CBD sometimes illegal?
Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication, but all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis under the Schedule 1 umbrella, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
The 2018 Farm Bill legalized hemp cultivation and created a clear pathway to remove some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight; marijuana is cannabis that contains more than 0.3% THC. As a result, hemp-derived CBD was descheduled by the bill, but marijuana and its derivatives, including CBD, remain Schedule 1 substances. Hemp is now considered an agricultural commodity under the 2018 Farm Bill, but it must be produced and sold under regulations that implement the bill. The United States Department of Agriculture (USDA) has yet to create these regulations.
The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level.
The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.
Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Nebraska CBD laws
The Nebraska Hemp Farming Act, or LB 657) was signed into law by Republican Gov. Pete Ricketts on May 30, 2019, effectively bringing Nebraska law in line with the 2018 Farm Bill. Under both the Farm Bill and the Nebraska Hemp Farming Act, CBD oil derived from a cannabis or hemp plant which contains less than 0.3% THC is a legal substance.
Prior to the passing of the state hemp bill, the Nebraska legislature had passed a hemp agricultural pilot program, which allowed for the cultivation of industrial hemp by the state Department of Agriculture or approved state universities. The Nebraska Hemp Farming Act requires the Department of Agriculture to submit regulations for hemp cultivation for federal approval, per the demands of the Farm Bill.
Though the Nebraska Hemp Farming Act doesn’t name CBD directly, it does state that legal hemp includes any derivative, extract, or cannabinoid with no more than 0.3% THC. The slight lack of clarity within the language of the bill has caused some confusion among prospective CBD sellers and legislatures over whether CBD is completely legal, even under the new regulations.
Prior to the passing of the Nebraska Hemp Farming Act, Republican Attorney General Doug Peterson issued a memo stating that, unless CBD is in an FDA-approved drug or authorized by the University of Nebraska Medical Center (UNMC) it was still considered a Schedule 1 substance by the state. As of September 2019, the Attorney General has yet to issue a new statement on the matter in follow-up to the passing of the hemp farming bill.
Licensing requirements for CBD
Those looking to cultivate, process, handle, and broker industrial hemp in the state of Nebraska must apply with the Department of Agriculture and pay the necessary cultivator, cultivator site registration, processor-handler site, and site modification fees with the Department of Agriculture. All hemp and hemp-derived CBD products must also be tested for THC concentration by a state-licensed testing facility.
Selling unapproved CBD products is considered sale of a controlled substance under Nebraska law. Penalties for cultivating or selling a controlled substance in Nebraska includes a $25,000 fine and a prison sentence of one to 20 years.
Nebraska CBD possession limits
Possession of hemp-derived CBD is legal as long as it was derived from hemp cultivated and sold under state regulations. Possession of CBD derived from a non-regulated source is considered possession of a controlled substance and results in prison time and fines if convicted.
A first offense of possession of 1 ounce, or 28.35 grams, or less of cannabis is treated as an infraction with a $300 fine. For second and third offenses, possession of 1 ounce, or 28.35 grams, or less result in a $500 fine with five and seven days jail time, respectively. Possession of more than 1 ounce to 1 pound, or 28.35 to 454 grams, of cannabis is a misdemeanor, resulting in a $500 fine and three months of incarceration. Possession of more than 1 pound, or 454 grams, is a felony, with penalties including five years prison time and a $10,000 fine.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
Where to buy CBD in Nebraska
CBD oil and other CBD products can be legally purchased from state retailers that have sourced their product from licensed hemp cultivators. CBD is also available for sale from online retailers, but may not offer products that meet the requirements of the Nebraska Hemp Farming Act.
How to read CBD labels and packaging
The 2018 Farm Bill shifted oversight from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). As the FDA slowly begins to make new regulations for CBD products, the market remains largely buyer beware. Still, the agency warns that in-flux regulations don’t excuse companies from making only reputable claims on their labeling.
Most reputable CBD producers will typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Nebraska? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Nebraska CBD laws Where to