Cannabis is an amazing plant with several different effects. Many effects are therapeutic and positive for people. Others can cause psychoactive effects that can make an individual experience a sense of euphoria after taking. Because of this psychoactive effect, cannabis became a Schedule I drug back in the 1970s thanks to the Controlled Substances Act. This has unfortunately hindered the positives that the plant can offer people. But there are cannabinoids within the cannabis plant that are becoming readily available to the general public. One of these cannabinoids is Delta 8 and it has been getting a lot of positive press lately. So what federal laws are there about Delta 8 as well as Nebraska state laws?

Delta 8

But what is Delta 8? It’s a psychoactive cannabinoid that many consumers say is more controllable than standard cannabis, which contains the cannabinoid Delta 9. Delta 9 is the most common cannabinoid that creates the high that consumers aim for when taking cannabis. Delta 8 is said to be less potent than Delta 9. So consumers say they can still function and operate normally while still feeling relaxed and euphoric. How is this possible?

These two cannabinoids have a difference on the molecular level that allows Delta 8 to be less potent and more controllable than Delta 9. For Delta 8, there is a double bond on the 8th carbon chain and for Delta 9, there is a double bond on the 9th carbon chain. But if cannabis is considered a Schedule I drug, then how is Delta 8 readily available to the general public?

Federal Law

Back in 2018, the USDA passed the Farm Bill. This bill separated the definition of cannabis and hemp. This hadn’t been done since cannabis became placed on the controlled substance list in the 70s. The definition of hemp is incredibly important when it comes to Delta 8. The bill states: 

“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.”

So, as long as the final form of a product contains less than 0.3 percent of Delta 9 within it, then it is legal to produce and sell to the general public. Since Delta 8 is structurally different from Delta 9, Delta 8 products are part of this definition because they don’t contain Delta 9 within them. This has opened up a whole new hemp industry that is booming across the states. But just because something is legal on the federal level doesn’t mean that it is legal in every state. It’s how some states have legalized medical cannabis while others haven’t. What Delta 8 laws are there in Nebraska?

Nebraska State Law 

There can be some confusion over the law within the state. Nebraska adopted the same definition of hemp as defined in the Farm Bill. So Delta 8 is considered legal under that definition. The law goes on to state:

“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.”

Hemp is not a controlled substance in Nebraska. This means that hemp products, including Delta 8, are legal to grow, produce, sell, and consume within the state. Laws are always subject to change. Research the rules and regulations within your state before purchasing and consuming Delta 8 products.

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