Nebraska: First State in the Union to Make CBD illegal
In recent years, CBD oil (cannabinol) derived from the hemp plant, has been found to be beneficial for the treatment of a multitude of illnesses. In 2017 it was banned by the state of Nebraska. The legal basis for this action was the 2004 decision from the Ninth Circuit Court of Appeals which ruled that the extracts from flowers and leaves from the hemp plant are considered a Level I drug similar to heroin. The Drug Enforcement Agency (DEA) applies the Level 1 designation to any substance with a THC level above 000.3. However, both the DEA and the Food and Drug Administration (FDA) have allowed products with a THC level below 000.3 to be sold as supplements.
The problem is the state of Nebraska views CBD as marijuana which it is not. It is hemp. Nebraska has ruled that anything that contains cannabinol is illegal in that state. Nebraska sees CBD as a marijuana product while retailers consider it a hemp product. Retailers thought they could sell CBD as long as it stayed within a certain THC limit and that they were safe from confiscation of their product.
The other reason Nebraska came to the conclusion that CBD was illegal, was that the DEA and the FDA consider THC to be an experimental drug only to be used in universities and research facilities and not for retail sale. Difficulties with interpretation of state laws also occur as industrial hemp laws created in the past to allow for manufacturing of hemp products during WWII are still on the books.
Most states are confused over what to do with rising interest in CBD and whether it is legal or not. Every state at this time has reacted to CBD’s rise in different ways. Nebraska has been the first to call it illegal to sell, and it is uncertain what actions other states will take. There is no denying CBD’s effectiveness and the high probability that it can help millions of people with their health care in the future. CBD can be purchased as a supplement in many states, but all this may change depending on what action other state governments may take. CBD is not a problem in states where marijuana is legal and most of the other states are in a mental limbo on how to handle CBD. As long as CBD is rated a level 1 drug in the same category as heroin, legal and moral approval for CBD will be very difficult if not impossible to attain.