Soon after the US Federal government passed the Farm Bill, the Nebraska Hemp Farming Act, passed by the Nebraska Legislature and signed into law by Governor Pete Ricketts, established a state hemp program within the Nebraska Department of Agriculture (NDA).
The House Bill LB657 gave the NDA the authority to regulate the growing, processing, handling and brokering of hemp in Nebraska.
To legally grow hemp in Nebraska, interested parties must receive a license from NDA, regardless of the size of operation of cultivation. Growing, processing, handling, or brokering hemp without a license from NDA (unless one is a member of a Native American tribe with a USDA-approved hemp plan) is illegal in Nebraska.
Medical Marijuana in Nebraska
Senator Anna Wishart's 2021 bill to legalize medical marijuana in Nebraska stalled and medical marijuana is still illegal in Nebraska as of September 2022. Had it passed, the legislation would have allowed patients with certain qualifying conditions to purchase and possess up to two and a half ounces of pot from licensed dispensaries. While the bill would have legalized medical marijuana use, it would not have allowed patients to smoke marijuana.
Nebraska's cannabis laws are some of the most strict in the country, as both recreational and medical marijuana remain illegal.
Sec. 2-502. Purpose of act.
It is the policy of this state that hemp is recognized as a viable agricultural crop. The purpose of the Nebraska Hemp Farming Act is to:
(1) Align state law with federal law regarding the cultivation, handling, marketing, and processing of hemp and hemp products;
(2) Promote the cultivation and processing of hemp and open up new commercial markets for farmers and businesses through the sale of hemp products;
(3) Establish testing and compliance procedures;
(4) Promote the expansion of Nebraska's hemp industry to the maximum extent permitted by law and allow farmers and businesses to cultivate, handle, and process hemp and sell hemp products for commercial purposes;
(5) Encourage and empower research into hemp cultivation and the processing of hemp products at postsecondary institutions in the state and in the private sector;
(6) Facilitate interstate commerce by not impeding the shipment of hemp into and out of this state;
(7) Return Nebraska to the forefront of the hemp industry.
Sec. 2-503. Terms, Definitions
(2) Commercial sale means the sale of products in the stream of commerce, at retail, wholesale, and online
(8) Federally defined THC level for hemp means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis as defined in section 10113 of the federal Agriculture Improvement Act of 2018, Public Law 115-334, as such section existed on January 1, 2019
(11) this section defines hemp as 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
(12) Licensee means an individual or a business entity possessing a license issued by the department under the Nebraska Hemp Farming Act to cultivate, handle, process, or broker hemp
(14) Nebraska heirloom cannabis plant or seed means a hemp plant or seed from the plant Cannabis sativa L. that possesses characteristics of a unique and specialized cannabis seed variety that is present in Nebraska or has been recognized as produced in Nebraska
Sec. 2-514
(1) Hemp from each cultivation site registered with the department shall be tested for delta-9 tetrahydrocannabinol concentration prior to harvest by an approved testing facility at the licensee's expense. The results of such tests shall be certified directly to the department by the testing facility prior to harvest. The test results shall identify the location ID where the hemp was cultivated.
(2) The department may, at its discretion, conduct sampling and testing of any hemp from any licensee at any time.