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CBD in Nebraska

Cannabidiol, or CBD, is one of the many cannabinoids found in the cannabis plant that is extracted as its resin. A cannabinoid is the term for chemical compounds found in the cannabis plant.

Unlike THC, CBD is non-psychoactive, which means it doesn’t cause the “high” that THC does. Therefore, any product derived from hemp contains very little levels of THC, generally falling below 0.3%, with a CBD-to-THC ratio close to 10 to 1.

In Nebraska, CBD is technically illegal, but the Agriculture Improvement Act of 2018 removed hemp from the Controlled Substances Act along with its derivatives.

So, are Nebraska residents allowed to use CBD oil or not?

Is CBD Oil Legal in Nebraska?

CBD is legally available under the terms of the Uniform Controlled Substance Act, the state’s version of a controlled substance act. This legislation has excluded CBD products approved by the FDA from the state’s definition of marijuana. Along with its own Medical CBD Pilot Study, any resident with intractable epilepsy may receive CBD medication as part of a research program.

The state has also made use of the opportunity given by the Agriculture Improvement Act that allows secondary institutions to cultivate and grow industrial hemp for purposes of researching CBD. What this means, essentially, is that while CBD is legal under specific conditions, it is generally illegal in the state.

All CBD products are produced, controlled, and dispensed by the University of Nebraska and Nebraska Medicine under the Medical Cannabidiol Pilot Study. Furthermore, only the university’s medical center is allowed to test CBD and only one pharmacy is permitted to dispense CBD for research purposes. With a physician’s order, patients with intractable epilepsy can obtain oil and other CBD products that are part of the Pilot Study.

What Kind of CBD Oils are Legally Available in Nebraska?

In most states, CBD hemp oil is legal, while CBD cannabis oil, which has high amounts of THC, is illegal.

According to the federal law regarding marijuana, only sterilized seeds and the stalk of mature plants can be harvested and used legally. However, the line is drawn hard here. Any compound extracted from the mature stalk is still technically marijuana, which therefore is illegal.

Many people have argued that CBD hemp oil is legal under federal law, but the state’s Department of Justice maintains that all marijuana extracts, including CBD, is still and always has been a Schedule 1 controlled substance.

It is for this reason that CBD products can only be legally maintained in limited sources in the state. However, that doesn’t stop vape shops and food stores from operating across the state, and in fact, selling CBD products for years. The owners maintain that any product derived from hemp is legal, as long as it has no traceable amounts of THC, the compound that makes any product illegal.

What Can CBD Oil be Used for in Nebraska?

The hemp and marijuana varieties of the cannabis plant are closely related but are significantly different. Hemp doesn’t have high levels of THC, the compound responsible for inducing highs, the same way marijuana does. Recently, the US Food and Drug Administration approved its first CBD-derived medicine, Epidiolex oral solution, for the treatment of seizures associated with severe epilepsy.

CBD products available in the state can only be used by patients enrolled in the Pilot Study, at least for now. They should also have a doctor’s recommendation and obtain the product from the state-licensed pharmacy.

In the Cornhusker State, only rare forms of epilepsy can be treated with CBD, but numerous studies have shown that the compound has therapeutic effects on several diseases such as:

  • HIV/AIDS
  • Cancer
  • Crohn’s disease
  • Anxiety
  • Depression
  • ADHD
  • Multiple sclerosis
  • Glaucoma

How Can I Get CBD Oil in Nebraska?

Anyone who possesses oil or other CBD products not obtained from the state’s Medical Cannabidiol Pilot Study will likely be treated as if they are caught possessing an illegal controlled substance. In the Cornhusker State, where the product is derived doesn’t matter. Both hemp and cannabis oil are illegal.

Earlier this year, Washington County law enforcement raided a vape store that offered extracted oils and other CBD products. The owners were implicated for selling a controlled substance. The legality was bought up as per the state’s Revised Statute 28-401, which states that all parts of the cannabis plant, including extracts, are still marijuana.

However, Revised Statute 28-401 has made an exemption on the mature stalks of cannabis, indicating that this is one part of the plant where CBD can be legally derived. Additionally, Revised Statutes section 28-405 has not listed CBD oil has one of the state’s controlled substances, making the law around CBD even more complicated.

Can Doctors Prescribe CBD Oil in Nebraska?

Doctors licensed to work in Nebraska are not allowed to prescribe any cannabis derivative, but they can permit its use by issuing a certificate to patients with intractable epilepsy. Any doctor found to have prescribed CBD oil will be put to trial. Doctors also have to make sure that they only write off recommendations to those registered in the Nebraska’s Medical CBD Pilot Study, especially those that have rare forms of epilepsy.

Are there Stores or Dispensaries that Sell CBD Oil in Nebraska?

Purchasing CBD oil in Nebraska isn’t allowed since this product can only be used by patients enroled in the Medical Pilot Study. If CBD is ever legalized in the state, it would be useful to know what differentiates the products on the market.

Recently, lawmakers have been targetting vape shops for openly advertising products infused with CBD. Owners believe, however, that their products are all low THC, and is therefore legal under federal law. Meanwhile, some owners did not know that any form of CBD is illegal for personal use.

Can I Buy CBD Online in Nebraska?

Under the Agriculture Improvement Act of 2018, any product derived from hemp is legal under federal law, which means that hemp derived CBD products are sold online. The online marketplace has made CBD products accessible to Nebraskans. But since the state is still sorting out its CBD laws, it is best to refrain from buying any CBD product when in the Cornhusker State. Only those registered in the state’s Medical CBD Pilot Study are allowed to use CBD products.

The Future of CBD in Nebraska

Unfortunately, some residents aren’t entirely sure if their CBD product is legal. Other people only realized its illegal status after being arrested and their products have been confiscated.

CBD investigations are very similar to other narcotics investigation. In some cases, those accused can be put to jail and have to wait for months before their products are cleared of any THC content. What’s confusing is that the state doesn’t even permit the possession of low THC oils.

Although CBD is federally legal and using it for personal consumption will most likely not lead to any serious encounters with the law, the legality for stores to sell CBD products in the state appears to be somewhat in a limbo. For now, it seems residents of the state would have to wait for updates on the legislation.