Nebraska

• Hemp-sourced CBD: ILLEGAL

• Marijuana-sourced CBD for medical use only: ILLEGAL

• Marijuana-sourced CBD for recreational use: ILLEGAL

Nebraska does has an industrial hemp pilot program, but cannabis of all forms is highly restricted in this state. Currently, CBD is still included in the legal definition of marijuana under Nebraska’s Uniform Controlled Substances Act.

In 2015, Nebraska passed LB 390, which allowed CBD to be prescribed for individuals with intractable epilepsy, but only to patients accepted into the state Medical Cannabidiol Pilot Study. That study expired in 2019.

In preparation for that expiration date, the State Attorney General released a statement clarifying that because CBD is still classified as marijuana, the only other current legal exception for CBD products are drugs that have been approved by the FDA. To date, that only includes Epidiolex, a CBD oral spray for severe epilepsy.

Because CBD from industrial hemp is legal on a federal level, thanks to the 2018 Farm Bill, this leaves the current overall legal status of CBD in Nebraska murky at best.