Is CBD legal in Nebraska? Currently, the answer is no. Although many other US states have legalized medical and recreational marijuana, including weed in some form, in the state of Nebraska in the use and production of this drug are prohibited. The reason for this is that despite recent legislation to legalize marijuana in the state, it remains illegal under federal law. In addition, while the Nebraska legislature has passed legislation to legalize medical marijuana, it is uncertain when it will become active. 

Although marijuana is not yet considered illegal by the US government – it is still illegal in many states to possess or smoke this plant. Similarly, in many countries around the world, including Canada, it is illegal to import marijuana, even if one is obtained legally from a licensed dealer. Additionally, in several US states, hemp is regarded as a criminal activity, which is why marijuana and hemp are not covered in the same laws as prescription drugs. 

While many US states have either placed – some form of limit on the sale of CBD or have legalized some form of medical use of it, the state of Nebraska is the only place that has outright legalized the production, possession, and distribution of CBD. However, because of recent victories in the court cases surrounding cannabidiol, the production, possession and distribution of CBD are becoming much easier to do. The judges in Nebraska ruled that the evidence in the state’s case did not support a ban on CBD production, because there is no medical use for CBD. They merely stated that Congress had failed to pass a law regulating CBD production, and that therefore the decision was not valid. 

The US government and Nebraska’s attorneys – general claim that they simply want to protect Nebraska’s unique culture, by preventing cannabis producers from using the “bio THC” structure found in marijuana. They claim that CBD is not the same as THC and is “not an addictive drug.” In order to be considered as medical use of the plant, it must contain less than 0.3% THC, which is why the state of California and several other states have adopted zero tolerance policy with regards to cannabis. But in order to be legal hemp material, it must contain at least 0.3% of CBD. 

The state of Nebraska’s attorney – general peterson stated in a letter to the Drug Enforcement Association of Nebraska (DEAN) that he would not enforce the law against cannabis users and sellers, stating that “neither the Nebraska State Legislature nor the Omaha City Council can make anyone serve jail time for lawful possession of a non-medical use of marijuana…”. He also said that the decision of the attorney general is not final, and that the Nebraska Supreme Court will ultimately have the final say on the matter. He has also stated that he will not stop pursuing cases of persons who are arrested for possession of marijuana, regardless of the amount that was possessed. He has, however, asked the federal government to consider removing cannabidiol from its list of prescription medicines, to prevent the abuse and availability of the substance. 

In other words: while the state of Nebraska may follow the recommendations of the attorney general, they have the authority, through their discretion, to determine if they think that certain classes of drugs should be made illegal, or if they think that they should be legalized. Currently, the Nebraska statute classifies cannabis, as well as a number of other things that contain cannabidiol, under the classification of “Schedule II”, including “drugs which are habit forming”, “preliminary indications and conditions”, and “others with harmful effects”. There are no current plans for any type of legalization of CBD. However, the state of Nebraska is not the only state to have this dilemma.

Recently in Florida, a bill was introduced that would have legalized medical marijuana, but it is currently under debate in the Florida House of Representatives.