Home News Delta 8 News Nebraska Governor Asks Attorney General About Delta 8 Legality

Nebraska Governor Asks Attorney General About Delta 8 Legality

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Nebraska Governor Asks Attorney General About Delta 8 Legality

Lincoln, Nebraska residents have expressed confusion over Delta 8 and if it is legal in the state. CBD store 50 Shades of Green opened in June and caused quite the stir with locals after advertising Delta 8 products. Many asked what Delta 8 even was, and if it was legal under state law.

Delta 8

Delta 8 is a cannabinoid cousin to Delta 9, the main psychoactive cannabinoid in cannabis. It came into popularity after the 2018 Farm Bill legalized any cannabinoid with no more than 0.3 percent Delta 9. Delta 8 is structurally different from Delta 9, which then classifies Delta 8 as legal under the Farm Bill. There are also different benefits between Delta 8 and Delta 9, making each a viable cannabinoid on their own according to research. 

Legal Status

In Nebraska, Delta 8 maintains its federally legal status. The Nebraska law states

“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.”

Police Captain Ryan Dale agrees that Delta 8 is legal to sell, possess, and consume in the state, for now. “To my knowledge, they’re not doing anything illegal,” he told local news reporters.

“There’s no legal requirement for how you carry the Delta-8 products, but I would recommend that people keep them in their original packaging and then maybe even keep the receipt with it,” Captain Dale continued. “That way if they do have an interaction with an officer, it might speed up that interaction and help clear up any questions about it.”

Governor Response

Even though Delta 8 is legal in Nebraska, it could become one of the next states to ban the substance, like North Dakota did earlier this year. Governor Pete Ricketts, R, has been very vocal about his opposition to cannabis reform, either medical or recreational. It seems he has already started looking into Delta 8 by asking the office of the Attorney General, Doug Peterson, to look into Delta 8’s legality. 

Governor Ricketts hasn’t made any statement as to why he inquired about Delta 8’s legality in Nebraska. However, there’s potential it could be to ban the substance. Earlier this year, the governor spoke out against the medical cannabis measure that had circulated through the state’s unicameral chamber. The medical cannabis bill ultimately failed in a filibuster.

Attorney General Peterson has not made a statement about Delta 8’s legality other than his office is reviewing the matter. As more information becomes available, we will update you with the latest. 

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