Petersen Criminal Defense Attorneys Help Answer the Question: Is CBD Oil Legal in Nebraska?
As The New York Times recently observed, it appears that CBD oil is now everywhere.
It has been touted as everything from a pain reliever and an anxiety reducer to a cure for insomnia.
This raises an important question: Is CBD legal in Nebraska?
The frustrating answer is “maybe.” CBD oil exists in a state of legal limbo at the moment — there is a tremendous amount of confusion on this issue.
In this article, our Omaha criminal defense attorney provides an overview of the key things that you need to know about the current state of CBD oil laws in Nebraska. We will also help you answer the question, is CBD oil legal in Nebraska?
CBD Oil in Nebraska: What You Need to Know About the Law
CBD Oil in the Nebraska Statutes
One of the biggest points of confusion regarding CBD oil is whether or not it is marijuana at all. Under Neb. Rev. Stat. § 28-401, marijuana is defined in a very broad manner — including virtually all parts of the cannabis plant.
However, the Nebraska statutes do not list CBD oil as a controlled substance. What does that mean? It means the question of whether or not CBD oil is actually legal in Nebraska depends, in large part, on what is actually in the specific CBD oil that you have.
To be clear, possession of hash oil is strictly illegal. But, hash oil has large amounts of THC. In contrast, CBD oil often does not have THC. Of course, for the average consumer, it can be difficult to know what exactly is in these largely unregulated products.
What Nebraska Attorney General Doug Peterson Said in February 2019
In an attempt to get some much needed clarification on this issue, 1011 NOW News sent a letter to Nebraska Attorney General Doug Peterson. Among other things, the news organization asked the state’s top prosecutor about CBD oil. Attorney General Peterson told reporters the same thing he told law enforcement agencies across the state: “CBD oil remains illegal under state law.”
If You Were Arrested for CBD Oil Possession — Call a Lawyer Immediately
To be clear, there is considerable disagreement regarding Attorney General Peterson’s position on this issue. Of course, he is in a position of power and he has made his interpretation of state law clear.
If you are in possession of CBD oil in Nebraska, it is possible that you will be arrested and charged with a crime. Should that happen to you or your family member — call a defense lawyer immediately. You have legal rights and legal options.
Do You Need Help From a Criminal Defense Lawyer in Nebraska?
We can help. At Petersen Criminal Law, our criminal defense attorney is a strong, compassionate representative for clients. If you or someone you know needs legal support, Tom Petersen is prepared to help.
Laws dealing with CBD oil in Nebraska can be tricky. For a free, strictly confidential criminal defense consultation, please contact our legal team right away. With an office in the heart of Omaha, we serve clients throughout Eastern Nebraska.