Delta-8 THC is legal in Nebraska, largely thanks to the path laid down by the 2018 Farm Bill. State law takes the same definition of hemp as the federal bill, and the prevailing argument is that this legalizes delta-8 THC.
However, while delta-8 THC is legal in Nebraska, there are important rules around adding hemp to food, driving under the influence of hemp products and where you can use it that you should keep in mind.
Is Delta-8 THC Legal to Sell in Nebraska?
Delta-8 THC is legal to sell in Nebraska. The state’s hemp law follows the pathway laid down by the 2018 Farm Bill, which is generally considered to have legalized delta-8 THC.
Legislature Bill (LB) 657, otherwise known as the Nebraska Hemp Farming Act, set the rules for hemp in the state when it was signed into law on May 30th, 2019. Crucially this defined hemp as “any part” of the Cannabis sativa L. plant, including (Section 3(11)) “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not,” provided it has less than 0.3% delta-9 THC by dry weight.
Additionally, this bill excluded hemp from the definition of marijuana (Section 22 (14)(c)) in the state’s uniform controlled substances act. In short, as with the 2018 Farm Bill, the prevailing argument is that this legalizes delta-8 THC.
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Delta-8 THC Legislation Timeline for Nebraska
Delta-8 THC was legalized in Nebraska on May 30th, 2019, and has remained legal in the state since then.
Nebraska started its Industrial Hemp Pilot Program with LB 1001, which was signed into law on April 2nd, 2014. This bill was more restrictive in nature, only allowing postsecondary educational institutions or the Department of Agriculture to grow hemp, and only for research purposes. It also defined hemp slightly differently than the 2018 Farm Bill, with the same delta-9 THC limit but no explicit statement that “all cannabinoids” are included within the definition.
After the Farm Bill was updated for 2018, Nebraska also updated its hemp program in 2019, with LB 657. This included the “all cannabinoids” language, and also made it legal (Section 4 (1)(b)) to possess, buy and sell legally produced hemp products. The state attorney general was asked for an opinion on delta-8 THC, but appears not to have issued one.
It’s worth noting that some police officers appear to be using LB 424 (signed in 2007) to cite people for delta-8 THC, because this bill makes it illegal to “inhale… any other substance for the purpose of inducing a condition of intoxication.” However, others, like the Lincoln Police Department, take a different approach, with Captain Ryan Dale telling reporters, “I don’t know that I would characterize [delta-8] as an issue… To my knowledge, they’re not doing anything illegal.”
On October 25th, 2023, Nebraska Attorney General Mike Hilgers launched a major legal action against 10 sellers of delta-8 THC and hemp products in the state. The suit alleges that products are sold with inaccurate labels, inadequate safety testing and a lack of concern for either appeal to or sales to minors. The suit focuses largely on consumer safety, rather than legality, but it does notably allege that adding delta-8 THC to food violates the Nebraska Pure Food Act.
Can Delta-8 THC Be Added to Food?
Delta-8 THC cannot be added to food in Nebraska. Both state and federal law consider delta-8 THC an impermissible food additive.
The Nebraska Department of Agriculture points out that a food containing CBD, delta-8 THC or other cannabinoids would be considered an adulterated food under the Nebraska Pure Food Act.
This is essentially the same situation at the federal level, with the FDA considering delta-8 THC (and CBD) as impermissible “adulterants” in food intended for interstate commerce under the Federal Food, Drug and Cosmetic Act. In short, both Nebraska and federal agencies say you can’t legally add delta-8 THC to food.
Nebraska’s Attorney General Mike Hilgers also included violations of the Pure Food Act in his October 2023 complaints against hemp sellers in the state (e.g. The Cannabis Factory complaint, Count XXIV/page 28).
Can You Buy Delta-8 THC in Nebraska?
Delta-8 THC is available to buy in Nebraska, from both brick-and-mortar retailers and online stores.
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Delta-8 Alternatives You Can Legally Buy in Nebraska
Nebraska follows the 2018 Farm Bill in its hemp law, so it’s also generally considered to be legal to buy delta-10, hemp delta-9 THC and HHC in the state if they’re derived from hemp. Essentially, only non-natural cannabinoids like THC-O are banned.
Are There Age Restrictions on Delta-8 THC Products?
Technically, there are no legal age requirements for buying delta-8 THC products in Nebraska. However, in practice, most stores require customers to be 18 or 21 to make purchases.
Can You Consume Delta-8 THC in Public in Nebraska?
There is no law about public use of delta-8 THC in Nebraska. In a purely legal sense, you can do whatever you want as long as you don’t smoke in an area where cigarette smoking is banned.
Nebraska’s Clean Indoor Air Act bans smoking in enclosed indoor workplaces in the state. This means that you can’t smoke delta-8 THC in bars, restaurants and other enclosed public places and workplaces. However, since the state’s hemp law doesn’t say anything about public use, technically you can smoke delta-8 THC anywhere you can smoke cigarettes and use non-smoked (or vaped) forms of delta-8 anywhere you want.
Despite this, it’s probably still better to exercise caution with where you use delta-8 THC. It’s possible that the police could stop you under LB 424 (for inhaling something for the purposes of causing intoxication), even if you were in a smoking area, and the owner of the establishment may also have a policy against it. In short, since delta-8 seems like marijuana, you should at the very least expect some resistance if you light up in public.
Can You Drive Under the Influence of Delta-8 THC in Nebraska?
It is illegal to drive under the influence of delta-8 THC in Nebraska.
Nebraska’s driving under the influence law makes it illegal to drive under the influence of “any drug” in the state. Since delta-8 THC is a drug and since it impairs your ability to drive, you’ll be considered in breach of the law if you’re driving after taking it.
The punishment in the first instance is a fine of up to $500, up to 60 days’ imprisonment and six months’ license suspension.
RELATED: Does Delta-8 THC Show Up on a Drug Test?
Can You Travel to Nebraska With Delta-8?
Since delta-8 THC is generally considered to be legal in Nebraska and at the federal level, you can travel to Nebraska with delta-8 THC. It’s wise to bring along a Certificate of Analysis (COA) or at least a receipt for your product as proof, though.
The prevailing argument is that the 2018 Farm Bill legalized delta-8 THC at the federal level, and that LB 657 did so in Nebraska too. The Transportation Security Administration (TSA) acknowledges that hemp products like delta-8 THC are legal, and aren’t even interested in looking for marijuana, much less hemp. In short, if you bring proof that you have a federally legal product – ideally a COA but possibly just a receipt could do – then you can travel with delta-8 THC.
Closing Thoughts: The Future for Delta-8 in Nebraska
There are no bills currently pending that would change the situation for delta-8 THC in Nebraska. While LB 263 makes some changes to the Hemp Farming Act, this wouldn’t change anything relevant for delta-8’s legality. Likewise, LB 336 would replace the current Hemp Commission with a Hemp Advisory Board, but this doesn’t change anything that would affect delta-8’s legal status.
There are proposals to legalize cannabis in Nebraska too, both medically and recreationally. While these don’t appear to be progressing, it’s a sign of the direction things are more likely to move in for the state. Legislators could simultaneously do this and also bring in common-sense regulations like a minimum age for purchasing delta-8 THC, but this is yet to happen.
Editor’s note: We updated this article on November 3, 2023, to highlight the legal action launched by Nebraska Attorney General Mike Hilgers.
