If you have seen the signs advertising CBD products in your area, your first thought might have been “Is CBD Oil Legal in Nebraska?”
More and more states are talking about legalizing marijuana, but Nebraska is not one of them yet. So does that make CBD illegal in Nebraska?
It’s not an easy answer. Read on and we’ll explain.
What is CBD Oil?
CBD oil, also known as cannabidiol, is something that is becoming more and more popular in recent years. Many people make use of CBD oil products as a type of alternative medicine. It’s often sold in various retail shops that sell alternative medicines and herbs.
There are even some studies that show that CBD oil may have benefits for treating anxiety in certain patients. Regardless, the legal status of CBD oil in many states is completely up in the air. Some places see CBD oil as completely illegal and it’s perfectly legal in other states.
You might be wondering whether or not CBD oil is legal in Nebraska. The truth is that the answer is going to be somewhat complicated. The legal status of CBD oil is in a state of limbo at the moment.
CBD Oil Is Sold in Nebraska
CBD oil is being sold in many places in Nebraska. It’s often advertised as a type of pain reliever or as something that can help people to reduce their stress levels. Products containing CBD oil have actually been available in Nebraska for quite some time.
Recently, CBD oil has started to receive more negative attention from state lawmakers. As of 2019, there is talk of legalizing marijuana in the state of Nebraska. Many people have been speculating about whether or not a bill will come to fruition so that things can be put to a vote.
CBD oil has traditionally been less controversial than marijuana but it’s receiving a fair bit of backlash now. In 2017, Nebraska Attorney General Doug Peterson stated that CBD is illegal under Nebraska law and clarified that it always has been illegal. There are many people who vehemently disagree with the attorney general but this has led to problems for stores that sell CBD oil products.
There are some shops that have been raided by police and some store owners have been arrested for carrying CBD oil. This is not typical, though. Most of the shops in the state that sell CBD oil have been left alone.
Legal Status of CBD in Nebraska
CBD oil is in something of a state of legal ambiguity at the moment. According to Attorney General Doug Peterson, the only legal exception for CBD oil in the state of Nebraska is for a medical study that is being conducted at the University of Nebraska. Time will tell how things will change with the CBD oil laws moving forward.
The entire country is in a constant state of change when it comes to these laws. Many states are legalizing marijuana outright and many states openly allow CBD oil. Whether or not Nebraska will outlaw the substance remains to be seen.
Much of the debate that surrounds CBD oil is whether it’s an alternative type of medicine or if it’s simply a recreational drug. As mentioned earlier, there are studies that show that CBD oil does have some positive implications for treating certain conditions.
Can You Be Arrested for Carrying CBD Oil?
Potentially, yes. The Attorney General of Nebraska has made clear his possession that CBD is illegal and is a controlled substance. While the Attorney General does not make arrest decisions for local law enforcement, he has clearly weighed in on the issue.
Whether you are arrested will depend on how local law enforcement and the County Attorney in your jurisdiction view the substance. Until the higher courts or the legislature specifically weigh in on the subject, there will be this dangerous uncertainty.
Knowing this, you could decide to err on the side of caution and avoid CBD oil while the laws are being figured out. According to some, this CBD oil has always been illegal in the state of Nebraska. Others don’t see it that way but that might not prevent you from getting into some type of trouble.
Try to understand that this is a complex legal topic that many people in the state have been debating. It’s likely that this topic will not go away any time soon. The ultimate fate of CBD oil in Nebraska will eventually be decided and it’s hard to say which way things are going to go.
Do I Need a CBD Defense Lawyer if Arrested?
Any time you are arrested or investigated for a crime, its always a good idea to be represented by an attorney. If CBD is treated as a controlled substance, it could result in felony charges which are very serious.
If you are looking for a defense lawyer related to CBD oil charges, look for someone who specializes in criminal law and specifically, drug related charges.
Given the complicated nature of the differences in chemical makeup and the state of the law in Nebraska, you will want someone who specializes in these types of issues.
If you find yourself facing charges or investigation, you can use our live chat feature 24 hours a day to set up an initial case consultation or visit our Contact Us page.