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Is CBD Legal in Nebraska? State Hemp Rules in 2026

Hemp CBD is legal in Nebraska, but state officials call synthetic THC products illegal. 2025–26 hemp bills failed. Checked November 5, 2026.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 5, 2026, hemp and hemp-derived CBD are legal in Nebraska. State law defines hemp by its delta-9 THC level and says hemp is not a controlled substance.[1, 2]

We did not find a Nebraska hemp law that sets a minimum age, a retail license or a THC cap per package. Two 2025 bills would have changed this. LB16 would have licensed sellers and set an age of 21. LB316 would have banned hemp products other than CBD products. Both were indefinitely postponed on April 17, 2026.[3, 4]

The governor and attorney general call chemically made "synthetic THC" products illegal. The attorney general has sent cease-and-desist letters to every known store selling them. As of September 29, 2025, his office said it had filed 16 lawsuits, and 12 had been settled. Nebraska voters approved medical cannabis in 2024, and a state commission oversees that program.[5, 6, 7, 8]

At a glance

Is CBD Legal in Nebraska? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes. Nebraska's definition of hemp includes the plant's derivatives, extracts and cannabinoids. State law says hemp is not a controlled substance, and the state's definition of marijuana leaves hemp out.[1, 2]
Hemp definition and THC limitNebraska defines hemp as Cannabis sativa L. with a delta-9 THC concentration of no more than 0.3% on a dry-weight basis. We did not find a state limit on THC per package or per serving.[1]
CBD in food and drinksNot clearly settled. We did not find a Nebraska statute that directly allows or bans CBD in food and drinks. In January 2026, the governor ordered the Department of Agriculture to start rulemaking to prohibit THC in products intended for human consumption. In May 2026, the department proposed a rule under the Nebraska Pure Food Act that would treat food as adulterated and misbranded if it contains, or is labeled to contain, THC. The notice set a public hearing for June 18, 2026. We did not find the rule among the department's adopted rules. It is a proposed rule, not final as of November 5, 2026.[9, 10]
Intoxicating hemp products (delta-8, THCA flower and similar)Nebraska has no law written for delta-8 THC or THCA flower. State law lists tetrahydrocannabinols, including synthetic ones, as Schedule I drugs. The attorney general says many products sold in stores contain synthetic Schedule I cannabinoids or have wrong THC labels. As of September 29, 2025, his office said it had filed 16 lawsuits against sellers, and 12 had been settled. LB316, a 2025 bill that would have banned hemp products other than CBD products, was indefinitely postponed on April 17, 2026.[3, 5, 6, 11]
Minimum ageWe could not find a statewide minimum age for hemp products in Nebraska law as of November 5, 2026. Legislative Bill 16 would have set an age of 21 for consumable hemp products. It was indefinitely postponed on April 17, 2026.[4]
Who can sell itWe did not find a state license or registration for stores that sell hemp or CBD. Hemp farmers need a license from the USDA or an approved tribal program, since the state hemp program ended. We did not find state rules on online sales or delivery.[12, 13]
Labels and lab testingWe did not find a Nebraska law that requires lab certificates, QR codes, warnings or child-resistant packaging for CBD products. The attorney general treats wrong THC labels as deceptive and unfair trade practices.[5]
Medical and adult-use marijuanaNebraska voters approved two medical cannabis laws in 2024. Patients 18 and older need a written recommendation from a health care practitioner. Younger patients also need a parent's or guardian's permission. The Nebraska Medical Cannabis Commission regulates the program. We did not find an adult-use (recreational) program in Nebraska law.[7, 8, 14]
November 12 and December 11, 2026Nebraska's hemp definition has its own text: 0.3% delta-9 THC. Its reference to the 2018 federal farm law is frozen as the law stood on January 1, 2024. In our reading, the 2026 federal change may not rewrite Nebraska's definition by itself. Federal law still applies in Nebraska, though. The governor's office says its January 2026 order matches the coming federal ban on synthetic THC.[1, 6]

How Nebraska defines hemp

The Nebraska Hemp Farming Act defines hemp as the plant Cannabis sativa L. and any part of it, including seeds, derivatives, extracts, cannabinoids, isomers, acids and salts. To count as hemp, it must have a delta-9 THC concentration of no more than 0.3% on a dry-weight basis. The law calls hemp a farm product and says it is not a controlled substance.[1]

Nebraska's drug law says marijuana does not include hemp. It also leaves out CBD in a drug product approved by the U.S. Food and Drug Administration (FDA).[2]

Growing hemp: the state program ended

A 2024 law (LB262) repealed most of Nebraska's state hemp program. As of November 5, 2026, hemp may be grown only by a farmer licensed by the USDA or by an approved tribal program.[12, 15]

The Nebraska Department of Agriculture says growers could apply to the USDA in fall 2024 to receive a USDA license on January 1, 2025.[13]

Delta-8, synthetic THC and state enforcement

Nebraska lists tetrahydrocannabinols, including synthetic versions, as Schedule I controlled substances. The same body of law says hemp is not a controlled substance. Nebraska has no law that names delta-8 THC or THCA flower.[1, 2, 11]

On September 29, 2025, Attorney General Mike Hilgers said his office had sent cease-and-desist letters to every known Nebraska store selling synthetic THC products. The letters say many products have wrong THC labels and that some cannabinoids sold are purely synthetic Schedule I drugs. Stores that do not sign a settlement may be sued. The office said it had sent letters to the companies that own about 300 stores. It had filed 16 lawsuits under the Consumer Protection Act and the Nebraska Pure Food Act, and 12 of them had been settled. It also said 24 companies had signed an Assurance of Voluntary Compliance.[5]

On January 26, 2026, Governor Jim Pillen signed Executive Order 26-02, "Protecting Nebraskans from Intoxicating Synthetic THC Products." The order directs the Department of Agriculture to start rulemaking under the Nebraska Pure Food Act to prohibit THC in products intended for human consumption. It asks the Department of Banking and Finance to review its guidance to banks. It also asks the Department of Revenue to review whether tobacco licensees who sell intoxicating synthetic THC products break tobacco tax law.[9]

On May 7, 2026, the Department of Agriculture gave notice of a proposed rule: Title 19, Chapter 5 of the Nebraska Administrative Code, the Adulterated Food Product Regulations. It would treat food products as adulterated and misbranded if they contain, or are labeled to contain, THC, psilocybin or other controlled substances. The notice set a public hearing for June 18, 2026. We did not find the rule among the department's adopted rules. It is a proposed rule, not final as of November 5, 2026.[10]

Two hemp bills from 2025 did not become law. LB316 would have allowed only CBD products. LB16, the Consumable Hemp Control Act, would have licensed sellers and set an age of 21. Both were indefinitely postponed on April 17, 2026.[3, 4]

Medical cannabis in Nebraska

In 2024, Nebraska voters approved the Medical Cannabis Patient Protection Act and the Medical Cannabis Regulation Act. Under the patient law, a qualified patient has a written recommendation from a health care practitioner. Patients under 18 also need a parent's or guardian's written permission. The law sets an allowable amount of up to five ounces of cannabis. Its definition of cannabis leaves out hemp.[7]

The Nebraska Medical Cannabis Commission regulates the program. State law told it to set registration rules by July 1, 2025, and to begin granting registrations by October 1, 2025. A 2026 law, LB1235, approved on April 7, 2026, gave commissioners a salary, created a fund and added fee rules and background checks.[8, 14]

We could not confirm the commission's current rules or whether any medical cannabis sales have started. We did not find an adult-use program in Nebraska law.

How Nebraska law relates to the 2026 federal change

Nebraska's hemp definition uses its own words: 0.3% delta-9 THC on a dry-weight basis. Where the law points to the 2018 federal farm law, it means that law as it stood on January 1, 2024. In our reading, the new federal total-THC limit and the 0.4 mg per container cap may not change Nebraska's definition by themselves.[1, 16, 17]

Federal law applies in every state. From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp. The rest of the federal change is set for December 11, 2026, unless Congress delays it again. The governor's office says its January 2026 order lines up with the coming federal ban.[6, 16, 17]

What changes next

  1. Federal synthetic cannabinoid exclusion

    From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp.[16, 17]

  2. Rest of the federal hemp definition change

    Set for December 11, 2026, unless Congress delays it again: a total THC limit that includes THCA and a 0.4 mg total THC limit per container for final products.[16, 17]

Who regulates hemp and CBD

Timeline

  1. USDA licenses replace the state hemp program

    After LB262 (2024) repealed most of the state program, Nebraska hemp growers moved to USDA or tribal licenses.[12, 13]

  2. Attorney general warns every known THC retailer

    The attorney general said cease-and-desist letters had gone to every known store selling synthetic THC products. His office had filed 16 lawsuits, and 12 had been settled.[5]

  3. Medical cannabis registration deadline

    State law set this date for the Medical Cannabis Commission to begin granting registrations.[8]

  4. Governor signs Executive Order 26-02

    Governor Pillen directed the Department of Agriculture to start rulemaking to prohibit THC in products intended for human consumption. Two other agencies were asked to review their rules.[9]

  5. LB1235 approved

    The law added salaries, a fund, fee rules and background checks to the medical cannabis program.[14]

  6. Hemp bills postponed

    LB316 (CBD-only products) and LB16 (Consumable Hemp Control Act) were indefinitely postponed.[3, 4]

  7. Food rule on THC proposed

    The Department of Agriculture gave notice of a proposed rule that would treat food containing THC as adulterated and misbranded. It is not final as of November 5, 2026.[10]

  8. Hearing set on proposed food rule

    The department's notice set a public hearing on the proposed Adulterated Food Product Regulations for this date.[10]

Sources

Show 17 references
  1. Neb. Rev. Stat. § 2-503 Terms, defined (Nebraska Hemp Farming Act)
  2. Neb. Rev. Stat. § 28-401 Terms, defined (Uniform Controlled Substances Act)
  3. LB316 (109th Legislature) – Prohibit conduct relating to hemp other than cannabidiol products (bill, not law; indefinitely postponed April 17, 2026)
  4. LB16 (109th Legislature) – Adopt the Nebraska Consumable Hemp Control Act (bill, not law; indefinitely postponed April 17, 2026)
  5. Attorney General Hilgers Sends Cease and Desist Letters to Every Retail Store in Nebraska Selling THC-Containing Products (September 29, 2025)
  6. Gov. Pillen Joins AG Hilgers; Signs Order Addressing Illegal Recreational Synthetic THC Industry (January 27, 2026)
  7. Neb. Rev. Stat. § 71-24,104 Terms, defined (Nebraska Medical Cannabis Patient Protection Act; Initiative Law 2024, No. 437)
  8. Neb. Rev. Stat. § 71-24,111 Commission; powers and duties (Nebraska Medical Cannabis Regulation Act; Initiative Law 2024, No. 438)
  9. Executive Order No. 26-02, Protecting Nebraskans from Intoxicating Synthetic THC Products
  10. Notice of Rulemaking Hearing, Nebraska Department of Agriculture (Title 19, Chapter 5, Adulterated Food Product Regulations), dated May 7, 2026
  11. Neb. Rev. Stat. § 28-405 Controlled substances; schedules
  12. Neb. Rev. Stat. § 2-505 Cultivation and transportation of hemp; authorized
  13. Hemp | Nebraska Department of Agriculture
  14. LB1235 (2026), slip law – Approved by the Governor April 7, 2026
  15. Nebraska Revised Statutes, Chapter 2 index (sections 2-501 to 2-519; repealed by Laws 2024, LB262, § 52)
  16. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  17. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.