January 25, 2023
Delta 8

Is Delta-8 THC Legal in Nebraska?

Right now, hemp-derived delta-8 THC, a psychoactive cannabinoid, is legal in Nebraska under federal law and state law. It’s also somewhat under siege, which we’ll get to!

Here is what we’ll be covering about Nebraska delta-8 THC laws in this post:

  • Delta-8 is an isomer of tetrahydrocannabinol (THC) that occurs in minuscule amounts naturally in the cannabis plant, causing milder psychoactive effects than delta-9 THC
  • Delta-8 THC is legal in Nebraska under state and federal law; growing, producing, manufacturing, packaging, possessing, distributing, selling, buying, and using delta-8 products is allowed anywhere in the state
  • Although law enforcement is mostly not actively pursuing delta-8 cases, state lawmakers are reviewing the legality of delta-8 THC
  • Other THC isomers, including HHC, delta-10, and THC-O, along with hemp-derived CBD, are also legal under federal and state law
  • Medical cannabis and recreational marijuana remain illegal under state law in the face of multiple pushes to legalize them, including a now-dead 2021 recreational cannabis legalization Resolution (LR2CA) introduced by Omaha Senator Justin Wayne

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol is an isomer of delta-9 tetrahydrocannabinol (delta-9 THC). Delta-9 THC is the common compound in marijuana that imparts euphoric effects to its users.

Cannabis plants and other delta-9 THC products are generally illegal under federal and Nebraska law. Delta-8 THC offers an alternative, providing a euphoric but milder effect similar to delta-9 THC that is legal in Nebraska and many other states.

However, cannabis plants do not produce high amounts of delta-8 THC naturally, so it must be extracted from CBD oil using a laboratory process.

Is Delta-8-THC legal in Nebraska?

The Nebraska Hemp Farming Act made hemp legal in Nebraska and removed it from the Nebraska Controlled Substances Act. The law defines hemp as the Cannabis sativa plant and any of its parts, including derivatives, seeds, extracts, isomers, cannabinoids, salts, acids, and salts of isomers, whether or not they’re still growing, so long as their delta-9 tetrahydrocannabinol concentration is not more than 0.3 % on a dry weight basis.

This just means that as long hemp products (such as CBD and delta-8 THC) do not contain more than 0.3% delta-9 THC, they are classified as hemp, and legal in Nebraska.  Many other states have similar industrial hemp statutes that legalize delta-8 THC products.

The 2018 federal Farm Bill (the Farm Bill) removed hemp from the Controlled Substances Act at the national level. The Farm Bill also defined hemp the same way that the Nebraska Hemp Act did, so delta-8 THC products that contain no more than 0.3% delta-9 THC are legal under federal law.

However, the legality of delta-8 THC under federal law aside, the future for Nebraska retailers and consumers may be in doubt. In 2020, the Drug Enforcement Administration (DEA) issued an Interim Final Rule asserting that any “synthetically derived tetrahydrocannabinols” at all THC levels will stay on the list of Schedule I controlled substances—the question is whether delta-8 THC is synthetically derived, since it occurs in nature.

At the state level, more states are regulating or banning delta-8 THC by tightening laws that are similar to the Nebraska Hemp Act. For example, Colorado, a recreational cannabis state, Texas, a limited medical marijuana state, and neighboring Kansas, which bans all cannabis, have all banned delta-8 THC since 2021. And as of October 2021, sixteen other states had restricted or banned delta-8 THC.

In Nebraska, the office of Governor Pete Ricketts actively opposes all measures in support of cannabis and its derivative products, and has recently asked the state Attorney General to review the legality of delta-8 THC.

But for now, the production of hemp and all hemp-derived cannabinoids, isomers, and other derivatives remains legal in Nebraska, and so is delta-8 THC.

Legislative History of Delta-8 THC in Nebraska

Currently, the Nebraska Hemp Farming Act (LB 657) legalized delta-8 THC made from hemp plants that have 0.3% or less THC calculated based on their dry weight. The Nebraska Hemp Farming Act defines cannabinoids and other components in hemp under state law just as the Farm Bill does.

Chapter 28 of Nebraska’s Uniform Controlled Substances Act classifies controlled substances, including all marijuana-derived tetrahydrocannabinols. On the list of controlled substances are delta-1 cis or trans tetrahydrocannabinols, delta-6 cis or trans tetrahydrocannabinols, and delta 3,4 cis or trans tetrahydrocannabinols, but not any kind of hemp-derived tetrahydrocannabinols, or delta-8 THC.

Nebraska Delta 8 THC Laws

Shortly after the 2018 Farm Bill, Nebraska enacted its own laws that made CBD and hemp legal, and classified hemp material as an agricultural commodity to be grown, processed, and marketed. Nebraska defines hemp in a similar way to the federal definition.

Is Delta-8 THC a Controlled Substance in Nebraska?

No. The state’s Controlled Substances Act specifically addresses tetrahydrocannabinols from “Marijuana” but excludes “hemp” in the preface to the text and in the state’s legal definition for marijuana.

Delta 8 THC Possession Limits in Nebraska

Nebraska law does not set limits on possession amounts for hemp-derived products, including delta-8 THC. However, because it is easy to confuse D8 for delta-9 THC, and basic lab tests only confirm tetrahydrocannabinol, it is a good idea to keep your receipts.

Is Recreational Marijuana Legal in Nebraska?

No. Recreational cannabis is illegal. However, lawmakers decriminalized simple cannabis possession in 2018. Now, first-time offenders with less than one ounce of cannabis will not face jail time or a permanent criminal record, while second and third-time cannabis possession offenses are misdemeanors punishable by up to 5 and 7 days in jail, respectively.

What About Medical Marijuana?

Medical marijuana is illegal in Nebraska. There is no state medical cannabis program, although in 2015 the Legislature Bill 643 (Cannabis Compassion and Care Act) was introduced. Another voter initiative for medical marijuana was introduced in 2020, and then removed again by the Nebraska Supreme Court.

Can You Buy Delta-10 THC, HHC, or THC-O in Nebraska?

Yes, you can buy delta-10, HHC, and THC-O products in Nebraska. None are listed as controlled substances under the state’s Uniform Controlled Substances Act.

Is CBD Legal in Nebraska?

Yes, CBD is legal in Nebraska, so long as it comes from hemp plants that carry 0.3% THC or less. The legal status of hemp-derived CBD and hemp CBD products is on solid ground. However, CBD derived from marijuana remains an illegal Schedule I controlled substance in Nebraska.

Do You Have to Be 21 to Buy Delta-8 in Nebraska?

Nebraska state regulations do not place age restrictions on the purchase of hemp-derived products. However, many retailers require buyers to be at least 21 years old to purchase delta-8 THC products.

Can You Travel to Nebraska with Delta-8 THC?

Visiting some exotic, out-of-state dispensaries, or just seeing something you didn’t expect in some convenience stores on a road trip? Yes, you can travel into Nebraska with delta-8 THC, provided it’s sourced from hemp plants carrying no more than 0.3% THC. The same is true of any hemp-derived delta-8 products in your possession. Anything with higher THC levels is marijuana-derived and prohibited under state and federal law.

Where to Buy Delta 8 in Nebraska?

Hemp and hemp-derived products with the right, low levels of delta-9-THC (or none at all!) can be made and sold within Nebraska. You can find these products in a number of stores. However, there are lots of benefits when you buy delta-8 THC online.

Number one: you can buy right from the brand, not from some third- fourth-, or fifth-party who doesn’t know anything about delta-8 THC effects or delta-8 THC products. You also get the best selection and prices. It’s just the better way to go, all around.

How to Buy Delta-8 THC in Nebraska

Since hemp-derived delta-8 THC is allowed in Nebraska, you can find it in person in some places throughout the state, though mostly in cities like Lincoln. But online you’ll find it all, from delta-8 THC gummies and tinctures, to delta-8 flower and delta-8 vape cartridges.

We always recommend buying delta-8 THC products online. It’s safe, convenient, and totally easy. It’s also fast and gives you more of what you want with better quality. The best delta-8 brands that are seeing the most success are all online selling, too.

Final Thoughts on the Legality of Delta-8 THC in Nebraska

Ready to shop for delta-8 THC in Nebraska? We have everything from edibles like delta 8 gummies to drinks and vapes that will keep you buzzing and happy—all legal in the US and Farm Bill compliant.

Disclaimer: We work hard to keep up with the news and the latest delta-8 THC laws, but state laws change fast, so always double check. This is not legal, medical, or professional advice of any kind. Remember, like most natural supplements, the Food and Drug Administration (FDA) does not regulate cannabis or hemp products.