Is CBD Legal In Nebraska 2023? Where To Buy?

CBD oil and cannabis-derived products are some of the most popular health and wellness products being sought 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. 

And if you’re wondering “Is CBD legal in Nebraska?”, it’s a “Yes” when it comes to the federal level thanks to the Farm Bill^[1] of 2018. However, some local laws overlap with CBD and still treat it as a controlled substance so it’s possible for law enforcement to take action even if you possess CBD products considered legal by federal law. 

Because of this overlap in-laws, you’ll find only a few CBD shops in Nebraska. However, with CBD getting more popular by the day and its significant health potential, affordability, and varieties, the CBD market in Nebraska could accelerate especially if new laws can help 

Meanwhile, due to the limited number of CBD shops in this state, you can still quickly and conveniently get CBD online. Most online CBD sellers are wholesale retailers who create an affordable means for you to buy high-quality CBD products in bulk.

Is CBD Legal In Nebraska?

It is federally legal to cross borders with hemp-derived CBD products so long as it is THC-free or contains less than 0.3% THC. However, any other form of marijuana-derived CBD products meant for any other purpose is illegal which is where the confusion comes in. 

You need to take into account that there is a slight overlap between federal law and Nebraska law. The Nebraska Hemp Farming Act^[2] states that the definition of legal hemp includes any form of extract, cannabinoid, and derivative of hemp that has no more than 0.3% THC. 

Now, this may seem very on point but it can get tricky because before this law was passed Attorney General Doug Peterson issued a memorandum^[3] that complicated things. The memorandum classifies CBD not approved by the Nebraska Medical Center (UNMC) to be labeled as a controlled substance. 

The 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 you are in possession of hemp products derived from marijuana, then you are carrying an illegal substance. 

If you find that you are in possession of hemp CBD from a non-reputable source, then 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.

To summarize, industrial hemp-derived CBD products are legal in Nebraska according to federal law. However, some local laws overlap with their legality which causes some complications on what law enforcement should do. 

So unless the memorandum from Attorney General Doug Peterson is updated to correspond with the Nebraska Hemp Farming Act, Nebraska CBD law is a little wonky and there is a chance that you might be arrested even if your CBD is legal. 

This can be avoided by buying from a reliable hemp source since they have verified lab results from a reputable third-party lab that law enforcement is more likely to accept as proof of your CBD’s legality. 

But don’t get your hopes up since anyone not under the medical cannabidiol pilot study has a high chance of being treated harshly by law enforcement for possessing CBD not approved by the Nebraska Medical Center (UNMC).

Horrors Of Buying CBD Oil Locally In Nebraska

As mentioned previously, Nebraska CBD laws are a bit tricky in Nebraska and although it is legal, law enforcement may arrest you if the product you are buying isn’t from a regulated hemp source which is possible to get especially if you’re buying from a non-reputable source. 

If you are arrested in possession or using CBD oil in Nebraska that doesn’t fall under their definition of “coming from a reputable source”, 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 their knowledge of the 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 hemp 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 that you will have a variety of options to choose from. Your local medical marijuana or CBD store will only stock CBD products depending on the demand, preference, and taste of people living in that area. 

And of course, most CBD products online are from reputable sources so it’s less likely for law enforcement to mistake it for a controlled substance since it’s: 

1. From a reputable source 
2. Reputable CBD products usually post their lab results online for easy verification

By doing this you are less likely to be penalized or arrested by law enforcement since your CBD oil falls under their definition of legality. 

The store could also have a particular brand that endorses the store, and also, due to the cannabis 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 stores hoarding particular products, you will be limited to buying the available products only even though that’s not what you want. 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 an 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 CBD laws are tight 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 products 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 products 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 such 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, and 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. Shopping 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 never get what you pay for. We aren’t advising you to ignore a friendly deal, but sometimes the low prices scream rip-off.

Where To Buy CBD Oil Legal 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 in their stores. Some of these irrepressible places include:

• CBD American Shaman of Omaha S 96th – Address: 4721 S 96th St, Omaha, NE 68127
• The CBD Oil Shop – Address: 1001 Farnam St Omaha, NE 68102
• CBD Remedies – Address 2723 N 48th St, Lincoln, NE 68504
• The Vitamin Shoppe – Address: 6105 O St, Lincoln, NE 68510
• Habitz Glass & Goodies – Address: 4446 S 84th St, Omaha, NE 68127

Bottom Line

Is CBD legal in Nebraska? Yes. If you want to buy or use CBD in Nebraska, we recommend ordering it online. While you order CBD oil online, make sure that it is made from industrial hemp and has less than 0.3% THC, and that it’s from a reputable source. 

We advise that you do this just to be on the safe side since the laws have a bit of an overlap and they still consider CBD products that don’t pass these requirements as controlled substances:

• Requirement 1: It must have less than 0.3% THC levels
• Requirement 2: It must be from a reputable source approved by the Nebraska Medical Center (UNMC)

Lastly, make sure that the CBD products have an easily accessible Lab Report so that law enforcement won’t have to test it themselves saving you the trouble of being fined or even arrested on the spot. 

We hope that there will be an updated bill or set of laws in the future that further elaborates the distinction between CBD oil and controlled substances like marijuana so that law enforcement won’t get confused and arrest people who have CBD products that are supposed to be legal by federal regulations. 

Frequently Asked Questions

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