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Is Delta 8 Legal in Nebraska

Discover the legal status of Nebraska, its shipping guidelines, buying tips, and product comparisons in this comprehensive guide.

Since its federal legalization in 2018, delta 8 has gained significant popularity, offering users relaxing effects and mild potency. Despite its appeal, some states have chosen to heavily regulate or even ban the cannabinoid. What about Nebraska? Is delta 8 legal in the Cornhusker State?

Is Delta 8 Legal in Nebraska?

To understand Nebraska’s stance on delta 8, it’s essential to review the 2018 Farm Bill, also known as the Agriculture Improvement Act. This legislation legalized hemp and its derivatives, including delta 8, across all 50 states.

The 2018 Farm Bill and Its Implications

The Farm Bill created a legal distinction between hemp and marijuana. While scientifically similar, these two types of cannabis are treated differently under federal law. Hemp is defined as cannabis containing 0.3% THC or less, making it federally legal, whereas marijuana contains more than 0.3% THC and remains a Schedule I controlled substance.

Despite the federal legalization of hemp, marijuana is still illegal. However, the Biden administration recently announced plans to reconsider this classification, including pardoning federal offenses for simple marijuana possession and urging states to do the same. They also initiated the process to remove marijuana’s Schedule I classification under the Controlled Substances Act.

Is Delta 8 Legal in Nebraska

Current Legal Status in Nebraska

As of now, delta 8 is legal in Nebraska under both state and federal law. The use, possession, sale, distribution, purchase, and production of delta 8 products are permitted without the risk of penalty or prosecution. However, the legality of delta 8 in Nebraska remains uncertain due to ongoing discussions and the state’s anti-cannabis stance.

Nebraska State Governor Pete Ricketts has requested State Attorney General Doug Peterson to review whether delta 8 falls under the state’s definition of marijuana, which is an illegal controlled substance under Nebraska’s Controlled Substances Act. If Peterson determines that delta 8 is considered marijuana, it will likely become prohibited under state law.

However, not everyone in Nebraska agrees on the issue. According to Lincoln-Lancaster County Narcotics Task Force LPD Captain Ryan Dale, delta 8 is not seen as a problem, and there are no plans to arrest anyone for possessing delta 8 products. Dale recommends keeping original packaging and receipts to avoid issues with law enforcement, though there is no legal requirement for how delta 8 products should be carried.

The Nebraska Hemp Farming Act

Delta 8 is currently legal under the Nebraska Hemp Farming Act (LB 657) as long as it is derived from hemp plants containing no more than 0.3% THC. This state law aligns with the federal Farm Bill, which legalized hemp production and cultivation nationwide.

The Nebraska Hemp Farming Act defines hemp as a variety of Cannabis sativa, including viable seeds, cannabinoids, derivatives, extracts, salts, and acids, containing no more than 0.3% THC on a dry weight basis. As a derivative of delta 9 present in hemp, delta 8 is legal under state law. Nebraska’s Uniform Controlled Substances Act classifies all marijuana-derived tetrahydrocannabinols as controlled substances but does not list hemp-derived tetrahydrocannabinols or mention delta 8 specifically.

The Future of Delta 8 in Nebraska

Given the legal framework, it seems unlikely that Attorney General Peterson will classify delta 8 as unlawful. This gives some hope for delta 8’s future in Nebraska. However, with Governor Ricketts’ strong opposition to cannabis, the situation remains uncertain until an official decision is made.

For now, delta 8 remains legal in Nebraska, but its future depends on forthcoming legal reviews and decisions at the state level.

Shipping Delta 8 Products To & From Nebraska

Shipping Delta 8 products to and from Nebraska requires careful adherence to both state and federal regulations to ensure legality. In Nebraska, Delta 8 THC derived from hemp is legal, provided it contains less than 0.3% Delta 9 THC, in compliance with the 2018 Farm Bill. Ensuring compliance with these regulations is crucial for smooth and legal shipping.

When shipping Delta 8 products into Nebraska, it’s important to use carriers knowledgeable about hemp regulations. Proper documentation, including Certificates of Analysis (COAs) verifying the THC content, must accompany shipments to confirm their legality. Similarly, when shipping Delta 8 products out of Nebraska, understanding the laws of the destination state is essential to avoid complications.

  • Confirm the product contains less than 0.3% Delta 9 THC.
  • Use reputable carriers experienced in handling hemp products.
  • Include COAs and other documentation verifying legal compliance.
  • Research the destination state’s Delta 8 regulations.
  • Ensure proper labeling of all products.
  • Stay updated on changing state and federal hemp laws.
  • Understand carrier-specific policies regarding hemp shipments.
  • Consider insurance options to mitigate potential shipping issues.
Is Delta 8 Legal in Nebraska

Things to Consider Before Buying Delta 8 in Nebraska

Before purchasing Delta 8 products in Nebraska, it's essential to consider several factors to ensure a safe and legal transaction. Nebraska law permits the sale of Delta 8 THC derived from hemp, provided it contains less than 0.3% Delta 9 THC. Verifying this compliance helps avoid any legal issues.

Quality assurance is another critical factor. Look for Delta 8 products that have undergone third-party testing for potency and purity. These tests should be accessible through COAs, confirming the product’s cannabinoid profile and ensuring it is free from harmful contaminants. Additionally, researching the brand’s reputation and customer reviews can provide valuable insights into product quality and reliability.

  • Verify the THC content is within legal limits.
  • Ensure the product is derived from hemp and not marijuana.
  • Look for third-party lab testing and accessible COAs.
  • Investigate the brand’s reputation and customer feedback.
  • Understand local vendors’ compliance with state laws.
  • Consider the preferred method of consumption (gummies, vape, tinctures, etc.).
  • Be aware of the potential effects and recommended dosages.
  • Stay informed about any legislative changes regarding Delta 8.

Nebraska Cannabis Market Grows with Delta 8, But Without Medical Marijuana

Nebraska’s cannabis market has seen significant growth due to the legalization of delta 8. However, as of November 2022, the state does not have a medical marijuana program, and medical marijuana use remains illegal.

This situation persists despite multiple efforts to legalize medical cannabis in the Cornhusker State.

Nebraska Medical Cannabis Laws

A few years ago, the Nebraska Medical Marijuana Initiative of 2020 aimed to legalize medical marijuana. This amendment would have allowed adults and children under 18, with parental consent, to use medical marijuana upon the recommendation of a licensed physician or nurse practitioner to treat a serious medical condition.

The amendment did not define “serious medical condition,” leaving it to the discretion of the healthcare provider. It also proposed that the Nebraska State Legislature develop laws, rules, and regulations to oversee the medical marijuana program without imposing a burden on patients.

Is Delta 8 Legal in Nebraska

Opposition and Legal Challenges

Nebraskans for Medical Marijuana, a political committee, led the campaign, focusing on passing a constitutional ballot initiative to “protect the right of patients with serious health conditions to legally and safely access medical marijuana.” Governor Pete Ricketts opposed the measure, arguing, “There is no such thing as medical marijuana. This is not something that would be prescribed by a doctor. It’s not going to be distributed through a pharmacy… This is not a benign thing. This is a dangerous thing.”

Legal Setbacks

The sponsors submitted the required number of signatures, and the measure was certified for the ballot by the secretary of state. However, in August of that year, a Lancaster County Sheriff filed a lawsuit claiming the ballot language violated the state’s single-subject rule, which requires ballot initiatives to address a single issue or subject.

The lawsuit also argued that the right to medical marijuana is not necessarily connected to the right of providers to produce marijuana and that allowing individuals to grow marijuana personally violates the medicinal purpose of the initiative. In September 2020, the Nebraska Supreme Court ruled in favor of the lawsuit, removing the initiative from the ballot.

The 2022 Initiative

The Nebraska Medical Marijuana Initiative of 2022 was filed by the same sponsors. This initiative aimed to add a provision to the state constitution allowing the use, possession, cultivation, and sale of marijuana for medical purposes.

Continued Opposition

Once again, Governor Pete Ricketts opposed the measure, stating, “[T]he real goal is the legalization of recreational marijuana across the state. We’ve seen what happens when progressive politics trump science and common sense... It’s up to us to protect our kids and defend our communities.” Despite submitting over 90,000 signatures, the sponsors fell short of the required number to place the measures on the 2022 ballot.

Continued Efforts for Legalization

Senator Anna Wishart, a sponsor of both initiatives, remains committed to legalizing medical cannabis. On November 6, 2022, she tweeted her intentions: “Next session I will bring another bill to legalize medical cannabis in Nebraska.

Growing evidence shows benefits not only for reducing seizures and relieving pain, but it can lower the need from opioid use. It is past time Nebraskans have access to a safer alternative medicine.” The future of medical cannabis in Nebraska remains uncertain, but efforts to legalize it continue.

Is Delta 8 Legal in Nebraska

Delta 8 in Nebraska vs Other States

The legal status and availability of Delta 8 THC can vary widely across different states. In Nebraska, Delta 8 is legal under the 2018 Farm Bill, provided it is derived from hemp and contains less than 0.3% Delta 9 THC. However, regulations differ significantly in other states, making it important for consumers to understand these differences, especially if they travel frequently.

For instance, in states like Colorado and Alaska, Delta 8 THC is banned despite the legality of recreational marijuana. Conversely, states such as Florida and Texas allow Delta 8, but with strict regulations. Additionally, states like New York, California, Illinois, and Nevada have their own specific regulations. Awareness of these legal variations is crucial for consumers who might move or travel across state lines.

State Delta 8 Legal Status Notes
Nebraska Legal Must contain less than 0.3% Delta 9 THC
Colorado Illegal Banned despite legal recreational marijuana
Alaska Illegal Banned despite legal recreational marijuana
Florida Legal Must comply with federal hemp regulations
Texas Legal Allowed under the 2018 Farm Bill
Georgia Legal Must contain less than 0.3% Delta 9 THC
New York Legal Regulated, with specific packaging and labeling requirements
California Legal Strict regulations and testing requirements
Illinois Legal Permitted with similar restrictions as recreational marijuana
Nevada Legal Permitted under state law, with specific regulations
Arizona Legal Allowed under the 2018 Farm Bill
Michigan Legal Permitted with state-specific regulations
Ohio Legal Must comply with federal and state hemp laws
South Carolina Legal Must contain less than 0.3% Delta 9 THC
Tennessee Legal Allowed under federal hemp regulations
Washington Legal Regulated, with specific testing and labeling requirements
Kentucky Legal Must comply with federal and state hemp laws

Types of Delta 8 Products in Nebraska

Nebraska offers a variety of Delta 8 products to cater to different consumer preferences. These include Delta 8 gummies, Delta 8 vape cartridges, Delta 8 tinctures, and Delta 8 flower. Each type provides unique benefits and methods of consumption, making it easy for users to find the right product for their needs.

Delta 8 gummies are known for their convenience and precise dosing, making them a favorite among those who prefer a discreet and tasty way to consume Delta 8. Vape cartridges offer fast-acting effects, ideal for those seeking quick relief. Delta 8 tinctures provide flexible dosing options and can be taken sublingually or added to food and beverages. Delta 8 flower is popular with traditional cannabis enthusiasts who enjoy smoking or vaporizing.

Delta 8 vs Delta 9 in Nebraska

In Nebraska, Delta 8 vs Delta 9 are regulated differently due to their distinct legal statuses and effects. Delta 9 THC, the primary psychoactive component of marijuana, is illegal in Nebraska if it exceeds 0.3% concentration. Delta 8 THC, derived from hemp, is legal as long as it adheres to the federal limit of 0.3% Delta 9 THC.

Both cannabinoids produce psychoactive effects, but Delta 8 is generally milder and less likely to induce anxiety, making it a more attractive option for those seeking therapeutic benefits without the intense high or paranoia that can accompany Delta 9.

Feature Delta 8 THC Delta 9 THC
Legal Status Legal in Nebraska if derived from hemp Illegal in Nebraska above 0.3%
Psychoactivity Milder, less anxiety-inducing Stronger, more intense high
Source Hemp-derived Marijuana-derived
Common Products Gummies, vapes, tinctures, flower Various cannabis products
Availability Widely available in legal markets Restricted to medical use in Nebraska
User Experience Smoother, clearer-headed high More potent, possibly overwhelming

Where to Buy Delta 8 in Nebraska

Delta 8 products can be found in various places in Nebraska, including local dispensaries, smoke shops, and online retailers. When purchasing locally, it's crucial to choose reputable stores that comply with state regulations and offer high-quality products. Knowledgeable staff can provide helpful guidance and product recommendations based on individual needs.

Online retailers provide a convenient alternative with a wider selection of products. However, it’s important to ensure that the online store is reputable and offers third-party lab testing to verify the quality and legality of their products. Reading customer reviews and looking for transparent business practices can help in making an informed decision.


Delta 8 THC offers a legal and accessible option for consumers in Nebraska who seek the benefits of cannabinoids without the intense effects of Delta 9 THC. Understanding the legal landscape, ensuring product quality, and being aware of available options are essential for making informed purchasing decisions. As the Delta 8 market continues to grow, staying informed about regulations and best practices will ensure a safe and satisfying experience.

By considering factors such as product quality, legal compliance, and personal preferences, consumers can navigate the Delta 8 market in Nebraska with confidence. Whether buying locally or online, thorough research and choosing reputable sources will lead to better outcomes and a more satisfying experience.


Is Delta 8 legal in all parts of Nebraska?

Yes, Delta 8 is legal throughout Nebraska as long as it is derived from hemp and contains less than 0.3% Delta 9 THC.

Can I buy Delta 8 online and have it shipped to Nebraska?

Yes, you can purchase Delta 8 online and have it shipped to Nebraska, but ensure the seller complies with both federal and state regulations.

What forms of Delta 8 are popular in Nebraska?

Delta 8 gummies, vapes, tinctures, and flower are among the most popular forms available in Nebraska.

Are there age restrictions for purchasing Delta 8 in Nebraska?

You must be at least 21 years old to purchase Delta 8 products in Nebraska.

Can I travel with Delta 8 products within Nebraska?

Yes, you can travel with Delta 8 products within Nebraska, but it's advisable to keep proof of legality, such as COAs, with you.

How does Delta 8 compare to Delta 9 in terms of effects?

Delta 8 typically offers milder psychoactive effects and is less likely to cause anxiety compared to Delta 9.

Are there any health risks associated with Delta 8?

Potential risks include dizziness, dry mouth, and changes in appetite. It's important to start with a low dose to assess your reaction.

Is Delta 8 used for medical purposes in Nebraska?

While Delta 8 is legal for recreational use, some individuals may find it beneficial for conditions such as anxiety or pain. Consult with a healthcare professional for personalized advice.