Is Delta-8 THC Legal in Nebraska? (August 2023 Update)

By | Updated on August 25, 2023

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Delta 8 is legal in Nebraska, which is good news for locals since the state is one of few without a medical cannabis program. Here’s the lowdown on delta 8 legality in the Cornhusker State.


Delta-8 THC is legal in Nebraska because the state aligns with the federal law by allowing all hemp-derived products. However, there have been reports of authorities seizing delta-8 products in Lincoln.

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Nebraska Delta-8 THC Laws

Nebraska passed the Hemp Farming Act in 2019, officially making hemp and hemp-derived products legal in the state.

The Act specifies that hemp products are exempt from the list of controlled substances:

Hemp means 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

Nebraska Hemp Farming Act

Hemp-derived delta 8 THC falls under this definition, making it legal in Nebraska. Delta 8 products are fairly easy to access both online and in brick-and-mortar shops in the state.

Having said that, there have been reports from August 2023 of some Lincoln delta-8 vendors having their products confiscated by the police. The products were deemed prohibited but nobody has been charged. For now, it looks like there’s some confusion regarding whether the law has been broken and the products are legal or not. We’ll keep you updated on the situation.

What is Delta-8 THC?

Delta 8 is a form of tetrahydrocannabinol (THC), the intoxicating compound in cannabis. Cannabis plants contain high levels of delta-9, which is the most common form of THC (1).

Delta 8 has similar but milder euphoric effects than delta 9 and is only found in trace quantities in cannabis.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp, which is defined as any cannabis plant or product containing no more than 0.3% delta-9 THC. 

But manufacturers can also take hemp-derived CBD and turn it into delta-8 THC through a chemical isomerization process. As long as this delta-8 meets the delta-9 limit, it’s considered a federally legal product.

Other States Where Delta-8 THC is Illegal

States can choose to make their own laws to regulate delta 8.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Nebraska

For now, delta-8 THC is legal in Nebraska. But it’s difficult to say what will happen in the future. There are many possibilities.

One outcome is that the state legalizes medical and eventually recreational marijuana, which is likely to lead to proper regulation of delta 8 products.

Another possibility is that the state decides to restrict or ban delta 8. But there’s no way of knowing so we’ll have to wait and see.

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