Nebraska Marijuana Laws
While Nebraska has shown potential for easing cannabis laws in the past, recreational and medical marijuana continues to be illegal. The state has, however, decriminalized small possession. Learn more about Nebraska marijuana laws below.
Recreational Marijuana Laws in Nebraska
Is marijuana legal in Nebraska? In short, no. However, in a progressive move, the state of Nebraska has decriminalized the possession of a small amount of marijuana. First offense possession of 1 ounce or less of marijuana is subject to an infraction and punishable by a fine of up to $300 and a possible drug education course.
The leniency ends there in the state of Nebraska. Second offense possession of up to 1 ounce is a misdemeanor, but carries just a $400 fine and up to five days in jail. Third offense possession is also a misdemeanor and subject to up to a week in jail and a fine of up to $500. Possession of greater amounts is punished more seriously, with up to a pound being charged as a misdemeanor, punishable with up to three months in jail and a $500 fine. Possession of more than a pound is a felony, punishable with up to five years of jail time and a $10,000 fine.
Selling and manufacturing marijuana in any form results in a mandatory minimum sentence of one year of jail time. That means that no matter what the circumstances, the judge cannot sentence a guilty party to under one year in jail. No matter what, if you sell marijuana, you are serving at least a year in jail.
The Decriminalization of Marijuana
Nebraska has decriminalized the possession of marijuana, meaning an individual will not serve any prison time or have any marks on their criminal record the first time they are charged with possession of marijuana. As long as they have never been charged with marijuana possession before and they only possess a very small amount of marijuana, the infraction is treated like a minor traffic violation rather than a criminal act.
Conditional Release for First-Time Offenders
If you are facing your first prosecution, Nebraska marijuana laws allow for conditional release. A conditional release allows the accused to choose to accept probation instead of having their case go to trial. If the individual who got conditional release completes their probation with no incidents or transgressions, the criminal charge will be wiped from their record.
Hash Laws in Nebraska
Hash is illegal in Nebraska under Nebraska marijuana laws. Hash is derived from the resin found in cannabis plants and is considered to be very potent. Those caught with hash in their possession (which is considered a felony) are subject to up to five years of jail time and up to a $10,000 fine.
Those caught selling, manufacturing, or possessing hash with the intent to distribute it are subject to even more harsh penalties. All of these infractions are felonies and can carry anywhere from 1 to 20 years of jail time and a $25,000 fine.
Marijuana Concentrate Laws in Nebraska
Marijuana concentrate is a very potent form of marijuana in which all unneeded plant materials are filtered out of the product, resulting in a concentrate that features very high levels of THC. The penalties for use, possession, and sale of marijuana concentrate is the same as the penalties for hash under Nebraska marijuana law.
Marijuana Paraphernalia Laws in Nebraska
Marijuana paraphernalia is the term given to products that aid an individual in the use and ingestion of marijuana. Examples of marijuana paraphernalia include bongs and pipes that are used to smoke marijuana. Nebraska marijuana laws have deemed paraphernalia illegal.
Possessing marijuana paraphernalia is an infraction, resulting in a $100 fine. The sale of marijuana paraphernalia is a misdemeanor, and anyone caught selling paraphernalia can be sentenced to six months of jail time and a $1,000 fine. Selling paraphernalia to a minor is also a misdemeanor and can result in one year of jail time and a $1,000 fine. Finally, if you advertise the sale of marijuana paraphernalia, getting caught results in a misdemeanor charge, with individuals serving three months of jail time and paying a $500 fine.
Medical Marijuana in Nebraska
Unfortunately, the state of Nebraska is yet to approve any medical marijuana laws. A medical marijuana initiative to amend the state’s constitution to legalize marijuana for patients with debilitating medical conditions failed to acquire the necessary signatures to make the November 2016 ballot. In 2015, the Legislature introduced a medical marijuana bill, LB 643, but the session ended without the lawmakers taking any action. Since that time the makeup of the Senate has fewer medical marijuana supporters and Gov. Pete Ricketts has been a vocal opponent to medical marijuana in the past.
Nebraska Marijuana Laws Regarding Driving
Like in all states, it is illegal to drive under the influence of marijuana in Nebraska. If you have used marijuana, Nebraska law forbids you from operating a motor vehicle. If any amount of THC or other drug byproduct is found in your system while you are driving, you are subject to harsh penalties.
Using Tax Stamps for Marijuana Contraband
Anyone who possesses marijuana in the state of Nebraska must affix a tax stamp to their contraband. A tax stamp is a stamp printed by the state that is required by law to appear on all marijuana products, and the failure to do so will result in a large fine. Tax stamps cost $100 per ounce of marijuana if the owner has over 6 ounces of marijuana, and the fine will be 200% of the tax stamp cost.
CBD from Hemp Oil in Nebraska
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Nebraska has an active hemp industry that has been authorized for research. Hemp contains little to no THC, the cannabis compound that causes psychoactive effects, which makes it popular for wellness by people of all ages.
Cultivation of Cannabis in Nebraska
The personal cultivation of hemp or marijuana is prohibited in Nebraska.
In May 2019, the Nebraska Legislature passed a bill (LB657) allowing Nebraskans to grow, process, and handle hemp and hemp products in the state. The state Department of Agriculture will now establish, operate, and administer a program to license and regulate those who cultivate, process, handle, or broker hemp. License holders must be at least 18 years old and cannot have been convicted of a felony related to a controlled substance within the preceding 10 years. The department’s director will submit a state regulatory plan for approval by the U.S. Secretary of Agriculture.
The new law replaces LB 1001, which classified industrial hemp as an agricultural product and gave the Department of Agriculture and universities the ability to cultivate hemp as part of a pilot program.
Legal Status of Other U.S. States
Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.
DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
With more states legalizing the use of marijuana it can be hard to stay up to date on Nebraska marijuana laws. Click to learn more about marijuana laws in NE!
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