Nebraska has one of the strictest laws with regards to marijuana use. It is criminal to use marijuana in the state of for recreational or even medical purposes.
In other words, the state will not even allow those suffering from serious illnesses to benefit from the proven therapeutic benefits of marijuana which include pain relief.
What about CBD oil? It is legal in 50 states, right? No, it is not. Unfortunately, Nebraska is one of the states where it is completely illegal.
CBD (Cannabidiol) oil is an extract of the industrial hemp plant. The federal government allows for the use of industrial hemp plant and its products. But that’s not the case in Nebraska. It can also be extracted from the cannabis (marijuana) plant, hence the legal confusion since marijuana is a controlled substance.
In this article, we discuss marijuana-related laws in Nebraska, cultural attitudes towards cannabis and CBD oil in the state, and best places to buy CBD oil near Nebraska.
LAWS ON CBD IN NEBRASKA
RECREATIONAL MARIJUANA LAW IN NEBRASKA
Possession of recreational marijuana was criminalized in 1927. The legal state of marijuana remains so to date.
However, legislators have passed laws to ease penalties for first-time possession and for the possession of small amounts of marijuana. This was done in 1978.
The penalty for first-time possession is now not more than one week in jail.
No attempts have been made in the state legislature to legalize recreational marijuana in the state.
However, this doesn’t mean people don’t use marijuana in the state. Since the legalization of weed in Colorado, the number of arrests made by Nebraska law enforcement agencies have increased significantly.
Analysts are not sure whether this is as a result of increased enforcement or as a result of more Nebraskans crossing the border to Colorado to buy weed.
This tells us, that even though not public, a significant portion of Nebraskans are already using marijuana and could in the future help advocate and pass legislations to completely decriminalize the use of marijuana in the state.
MEDICAL MARIJUANA LAW IN NEBRASKA
Nebraska has no medical marijuana program. This means there is no way you can acquire marijuana for medical reasons in the state.
However, this does not mean there have not been attempts to legalize medical marijuana in the state. One such attempt was the proposed Cannabis Compassion and Care Act that was presented to the state legislature in 2015.
The act sought to allow patients with serious illnesses to access medical marijuana in leaf or pill form. Despite an initial support from a majority of the state senators, the bill failed to advance.
The bill was also publicly opposed by the state’s Governor and Attorney General.
So as of now, Nebraskans cannot yet access medical marijuana in their own state.
CBD OIL LEGAL STATUS IN NEBRASKA
Hemp-derived CBD oil is legal in most states across the country. This is because it was legalized by the Federal Agricultural Act of 2014.
The condition is that it has to contain less than 0.3% THC, the psychoactive compound.
Some stores such as the American Shaman, carry dozens of CBD products using this legal provision as protection.
However, in a memo, the state’s Attorney General (AG) recently insisted that CBDA oil is illegal to manufacture, possess or distribute. His opinion was backed by law enforcement officers.
In a rejoinder lawyers for the American Shaman Store wrote to the AG insisting that what the store was selling was legal. And that this was because the store was not advertising its products as a medicinal product (and therefore did not require FDA approval) and that the hemp-derived CBD did not meet the definition of marijuana as defined in the law.
No cease and desist letters have been sent to the business which shows that their position could be the right one. That CBD oil is legal in the state.
However, if we are to strictly stick to what the situation is as of now, CBD is illegal in Nebraska. This is according to the Attorney General – who is the government’s chief legal adviser. But the courts could rule otherwise should there ever be a case between the state of Nebraska and American Shaman or any other business selling CBD oil in the state.
CULTURAL ATTITUDES TOWARDS CBD IN NEBRASKA
Most Nebraskans are seemingly not sure as to whether or not to support the legalization of marijuana in their state.
This is despite the fact that quite a significant portion of the state’s residents use the drug.
As for CBD oil, it is well-accepted in Nebraska will plenty of health stores carrying it despite the fact that it is not exactly legal.
BEST PLACES TO BUY CBD IN NEBRASKA
As stated severally. It is illegal to possess marijuana for recreational or medical reasons in Nebraska. As for CBD oil, there is a legal grey area. Some stores like American Shaman located at 20th and P in Omaha carry a wide range of CBD products. However, most health and wellness stores in the state have shied away from carrying the product.
This leaves most Nebraskans with recreational or medical needs for marijuana or CBD oils with no option but to seek the products from Colorado. In Colorado, recreational marijuana is legal. Medical marijuana is also legal. And so is CBD oil.
Some Nebraskans, especially the young ones, have relocated permanently to Colorado. Others cross the border frequently to purchase the oils and come back with it. Cities like Colorado Springs have some nice health and wellness stores that carry the product. Check out our Colorado state CBD laws review for more information.
Some notable mentions include Yeden at 2924 Beacon Street in Colorado Springs and Emerald Fields at 27 Manitou Avenue in Manitou Springs.
How is CBD oil used?
Oil form is the most common way of taking CBD. The oil or tincture often comes in a bottle with a dropper. Put a few drops on your tongue or under it and you are done. Vaping is also a popular way of taking CBD. There are vape pens and vaporizers for this purpose. CBD oil is also taken in food. States like Colorado have stores with CBD gummies, cookies and chocolates. Some prefer taking CBD in their morning cup of coffee or tea. There are several lotion and shampoo brands that are also infused with the therapeutic substance.