Are CBD products legal?
LINCOLN, Neb. — Cannabidiol, or more commonly referred to as CBD, is illegal in Nebraska, so why are store owners still selling it?
Store owners within the Tri-Cities said they’re confused about the law but one document from the attorney general’s office explains that cannabidiol is still a schedule I controlled substance.
You walk into nutrition stores within the Tri-Cities and you’ll find CBD products on the shelves.
Multiple store owners said the law in Nebraska confuses them because their products don’t have any THC.
Attorney General Doug Peterson said it doesn’t matter if the product has THC in it or not, the fact is, it’s still illegal.
Store owners aren’t the only ones confused.
Law enforcement agencies across the state are also asking questions.
“We do receive questions from law enforcement, and we can tell from the number of calls that we were getting that people needed to get some degree of clarity so we issued the memo. The volume of questions recently picked up at the end of 2018 and we reissued the same memo so people would understand the state of the law in Nebraska. That state of the law is still the same,” said Attorney General Doug Peterson.
A copy of that memo to law enforcement agencies was obtained.
It says, “Cannabidiol has been and continues to be included in Nebraska’s Uniform Controlled Substances Act’s legal definition of marijuana.
“Each county, the county attorney, the law enforcement, they have to prioritize their manpower or resources as to what laws they are going to prioritize with enforcement. It wasn’t issued with a mandate to enforce all of this. It was just simply to understand this compound, this drug is still illegal under Nebraska law. That is still true today,” said Peterson.
Even though it is illegal, those selling it don’t seem to be getting in trouble.
Charges were dropped against a mother and son in Scottsbluff who were selling CBD products in their store.
“It doesn’t have any THC. It isn’t able to get you high. It doesn’t have any hallucinogenic effects and prosecuting someone for having an oil that doesn’t have any of those effects and trying to make them a felon just doesn’t make any sense,” said Scotts Bluff County Attorney Dave Eubanks.
In other parts of the state, law enforcement said they have bigger problems to worry about, and Eubanks said that’s exactly the case in Scotts Bluff County.
“My guys who work drug cases have higher priorities and they aren’t going to go out and try to sniff out those who have CBD oil,” said Eubanks.
For any changes going forward to the law, Senator Justin Wayne just introduced a bill this year that would remove cannabidiol from the list of controlled substances in Nebraska.
His bill introduction was for a more personal reason.
“I’m a proponent of CBD oils, taking CBD, the non-THC kind. I had a back injury. I was hit by a drunk driver. When I was on them, my back felt a lot better. I could lift weights and play basketball. Since the attorney general said they’re illegal, I’ve been off and my back has been stiffening up. People I talk to in the community have similar stories and you can’t get high off of it. You can’t smoke it. It’s a way for us to take care of ourselves so that’s why I’m supporting this bill, and why I introduced it,” said Wayne.
“Our statue defining marijuana is poorly written. It’s archaic, it’s out of date and needs to be changed,” said Eubanks.
“That whole area of law right now we know that it’s being considered by the Nebraska legislature. As the law stands now, those laws are still illegal but each county has to decide which way they are going to go, how they are going to use their resources and possible prosecution,” said Peterson.
Currently, the state’s Controlled Substances Act allows use of cannabidiol for two exceptions:
An exception authorizes the University of Nebraska Medical Center to produce or possess cannabidiol for a study of medical seizures.
An exception is for cannabidiol contained in a drug product approved by the federal Food and Drug Administration.
Courtesy: NTV
