Is CBD Oil Legal in Nebraska?

Interested in starting a CBD business in Nebraska?

Is CBD Oil Legal in Nebraska?

Yes, CBD oil is legal under the Nebraska Hemp Farming Act. The Act allows licensed hemp farmers to grow and process hemp into finished products such as CBD oil. According to the Act, hemp-derived CBD oil may contain up to 0.3% THC. CBD oil containing below 0.3% THC is also legal across the U.S. as stipulated by the 2018 Farm Bill. The federal hemp law allows Nebraska residents to transport hemp CBD into and out of the state. Marijuana-based CBD oil is prohibited for medical or recreational purposes in Nebraska.

What are Nebraska CBD Laws in 2024?

The Agricultural Act of 2014 permitted Nebraska to implement a hemp pilot program to research the economic benefits of hemp and hemp-derived products. In 2018, federal lawmakers passed the Hemp Farming Act, which recognized hemp as an agricultural product regulated by the United States Department of Agriculture. Hemp was defined under the Act as a cannabis plant containing no more than 0.3% THC. The Act also removed hemp from the DEA Drug Schedules.

Nebraska passed Legislative Bill 657 in 2019 to establish the state’s hemp program regulated by the Nebraska Department of Agriculture (NDA). The NDA is responsible for licensing hemp growers and processors involved in converting hemp into CBD products. Hemp and its derivatives produced under the Nebraska Hemp Farming Act are legal only if they contain 0.3% THC or less.

Before the passage of the federal hemp laws, Nebraska lawmakers passed Legislative Bill 390 in 2015, allowing marijuana-derived CBD oil for selected patients diagnosed with epilepsy. The law, also known as the Medical CBD Pilot Study, permits only the University of Nebraska Medical Center (UNMC) to produce and administer CBD oil to the selected patients.

What are Nebraska CBD Possession Limits?

Nebraska residents can legally possess any amount of hemp-derived CBD products. However, it is illegal to possess any amount of marijuana-based CBD under the Nebraska Uniform Controlled Substances Act. Residents caught with less than 1 ounce of marijuana-derived CBD may be charged with a $300 fine and subjected to a mandatory drug education course.

Can Doctors Prescribe CBD Oil in Nebraska?

No, Nebraska doctors cannot prescribe CBD oil. The Nebraska Cannabidiol Pilot Program is available only to selected patients with intractable or treatment-resistant seizures.

How Old Do You Have to Be to Buy CBD in Nebraska?

In Nebraska, hemp-derived CBD is available to all residents regardless of their age. However, some local retailers have established rules to prohibit minors from buying CBD products in their stores.

What are the Licensing Requirements for CBD in Nebraska?

To grow or process hemp for CBD in Nebraska, interested persons must apply to the Nebraska Department of Agriculture (NDA) for the requisite license. Applicants must not have drug-related felony convictions within the last 10 years. The NDA mandates applicants to obtain copies of the FBI Identity History Summary Check at least 60 days before submitting their hemp growers/processors licenses. The FBI background checks of key participants and partners must also be included in the application. Other required documents include:

Applicants should send the required documents by mail or submit them in person to:

_Nebraska Department of Agriculture_

_Animal and Plant Health Protection_

_P.O. Box 94756_

_Lincoln, NE 68509-4756_

Applicants are required to pay a $150 non-refundable application fee for grower and processor licenses. Hemp grower license applicants must also include a $600/site registration fee, while hemp processor/handler license applicants must include a $1,200/site registration fee.

Where to Buy CBD in Nebraska?

CBD derived from hemp is available at retail stores in Nebraska. Hemp-based CBD products with no more than 0.3% THC can also be purchased online in the state.

What is CBD Oil?

CBD oil, or cannabidiol oil, is a natural extract derived from the Cannabis sativa plant. It contains high concentrations of CBD, a non-psychoactive cannabinoid found in hemp and marijuana. Generally, marijuana-derived CBD oil has higher levels of THC, while hemp-derived CBD oil may only contain up to 0.3% THC. The main difference between THC (tetrahydrocannabinol) and CBD lies in their effects on consumers. THC consumption often produces psychoactive effects such as altered perception of time, confusion, and hallucination. On the other hand, CBD consumption has potential therapeutic benefits, such as reducing anxiety and alleviating pain.

CBD oil has a golden or amber color with a distinct herbal or earthy aroma. Some food products that can be made with CBD include gummies, chocolates, beverages, and cooking oils. In the skin care industry, CBD is used in products such as lotions, creams, balms, and facial serums. CBD products containing no more than 0.3% THC is legal in Nebraska and at the federal level under the Hemp Farming Act. Marijuana-derived CBD remains illegal in Nebraska.

What Does CBD Do?

Generally, CBD interacts with receptors and enzymes in the body's endocannabinoid system (ECS). This affects the overall balance and physiological processes of the ECS. However, unlike THC, when consumed, CBD produces calming effects that can relieve stress and anxiety. Research shows that CBD’s soothing effect also has potential health benefits such as:

  • Relief from pain and inflammation
  • Protection against neurodegenerative conditions
  • Treatment for certain forms of epilepsy
  • Treatment for drug addiction
  • Treatment for skin conditions, including eczema and acne

Individual responses to CBD can vary, and the effects may depend on factors such as dosage, method of consumption, and the individual's unique physiology.

Does CBD Show Up on Nebraska Drug Test?

No, CBD does not show up on a drug test. Standard drug tests in Nebraska, such as urine tests, typically check the presence of THC and its metabolites. Hemp-derived CBD products can contain trace amounts of THC, usually below the legal limit of 0.3%. While these levels are too low to produce any ‘high,’ consuming large amounts may increase the chances of testing positive for THC on a drug test. On the other hand, marijuana-derived CBD products usually contain significant amounts of THC, which can accumulate in the body and show up on drug tests.

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