Nebraska is a farming state that shares some old time values, sometimes those old time values hinder progress by spilling over onto the law. Nebraska is not a fan of delta-9 THC, better known as traditional marijuana. They’ve denied both medicinal and recreational uses of cannabis so it leaves you in suspense to see if the state has made any changes when it comes to Delta-8 THC. Nebraska took the time to revise their laws and mimic the same language as the Federal Farm Bill of 2018. Delta-8 THC was removed from the Schedule I Drugs on the Controlled Substances act, making delta-8 a hemp product that is legal. There are no possession limitations on delta 8 but it is vital to hold onto your paperwork. Telling the difference between delta 8 and delta 9 requires complex lab testing so it saves everyone time and keeps you from receiving any penalties.
Yes, Delta-8 THC is legal in the state of Nebraska.
Chapter 2-503. Terms, defined.
(8) Federally defined THC level for hemp means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis as defined in section 10113 of the Federal Agriculture Improvement Act of 2018, Public Law 115-334, as such section existed on January 1, 2019;
Subtitle G. SEC. 297A. DEFINITIONS.
‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(11) Hemp means the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp shall be considered an agricultural commodity. Notwithstanding any other provision of law, hemp shall not be considered a controlled substance under the Uniform Controlled Substances Act;
(21) THC means tetrahydrocannabinol.
28-401. Terms, defined.
(13) Hemp has the same meaning as in section 2-503;
(14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds.
(b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration or obtained pursuant to sections 28-463 to 28-468.
(c) Marijuana does not include hemp.
(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and, for purposes of this subdivision only, isomer shall include the optical, position, and geometric isomers:
(25) Any material, compound, mixture, or preparation containing any quantity of synthetically produced cannabinoids as listed in subdivisions (A) through (L) of this subdivision, including their salts, isomers, salts of isomers, and nitrogen, oxygen, or sulfur-heterocyclic analogs, unless specifically excepted elsewhere in this section. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or compounds of these structures shall be included under this subdivision, regardless of their specific numerical designation of atomic positions covered, so long as it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:
(A) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers;