Is Delta-9 THC (hemp-derived) Legal in Nebraska? (2026)

Vape / inhalable

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Compliant at or below 0.3% delta-9 THC dry weight is statutorily 'hemp,' not marijuana (Neb. Rev. Stat. 28-401(13)-(14)(c)). But AG Hilgers' enforcement program takes the position that finished vape products testing above 0.3% delta-9 THC (which he asserts is common, especially with synthetic-conversion delta-8) are marijuana under state law and pursues cease-and-desist actions and consumer-protection suits on that basis. No statute names delta-9 as banned; this is an enforcement-posture/testing-dispute risk, not a scheduling ban. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Capsule / tablet

Gray area

As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Same analysis as edible. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Beverage

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as beverage. Hemp Delta-9 drink - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Same analysis as edible; beverages are a common target of AG enforcement letters statewide. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Edible / ingestible

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Same statutory legality at or below 0.3% delta-9, same AG interpretive-enforcement risk if lab testing shows the finished product over that threshold. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Flower / raw plant

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Raw hemp flower is the plant-level test itself (0.3% delta-9 dry weight per Neb. Rev. Stat. 2-503) and is the most straightforward form to test compliant, but remains subject to the same AG enforcement posture if testing is disputed. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Other

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as other. Hemp Delta-9 other - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Catch-all consumable hemp-derived delta-9 products default to the same statutory-legal-but-AG-contested posture. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Powder / bulk

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Same analysis as edible. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Raw material / RUO

Legal

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail in Nebraska as raw material / ruo. Hemp Delta-9 raw material - legal. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
unscheduled

What the record says

Bulk/unprocessed hemp biomass grown and handled under the Nebraska Hemp Farming Act (Neb. Rev. Stat. 2-501 to 2-519) is the core lawful activity the Act protects; least exposure to the AG's finished-product enforcement theory. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  4. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Tincture / sublingual

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Same analysis as edible. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Topical

Gray area

As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Nebraska as topical. Hemp Delta-9 topical - restricted. Controlling source: Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana).

Verified October 25, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Same statutory framework applies; less frequently targeted by AG enforcement to date but not affirmatively cleared. Nebraska is a textbook AG-interpretive-reach state: the statute itself (28-401/2-503) draws a clean line at 0.3% delta-9 THC dry weight and explicitly excludes compliant hemp from the marijuana/controlled-substance definitions. There is no scheduling of delta-9 THC as such and no named legislative ban. The restriction comes entirely from Attorney General Hilgers' active, well-funded enforcement campaign (200+ cease-and-desist letters, 15+ lawsuits since 2023) built on the theory that lab testing of many finished hemp products shows delta-9 THC above 0.3%, making them marijuana in fact regardless of hemp labeling, combined with Consumer Protection Act and Pure Food Act theories. This is interpretive/enforcement exposure layered on top of a facially permissive statute, not a scheduling-based ban -- exposure should be read as high and interpretive, not as a hard prohibition.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Neb. Rev. Stat. Section 28-401 - Terms, defined (Uniform Controlled Substances Act: hemp, marijuana) (Nebraska Legislature, Revisor of Statutes (official), 2024-01-01) PRIMARYOFFICIAL
  2. Nebraska Hemp Farming Act, Neb. Rev. Stat. Section 2-503 - Terms, defined (hemp; 0.3% delta-9 THC dry weight) (Nebraska Legislature, Revisor of Statutes (official), 2019-05-30) PRIMARYOFFICIAL
  3. Neb. Rev. Stat. Section 28-401(4), (13), (14) PRIMARYOFFICIAL
  4. Announcement of New Developments in Delta-8 Enforcement Efforts (Office of the Nebraska Attorney General (Mike Hilgers), 2025-08-01)OFFICIAL
  5. LB316 (109th Legislature, 1st Session) - proposal to prohibit sale of hemp products containing more than 0.3% of any strain of THC (Nebraska Legislature, 2025-01-29)OFFICIAL

Status by product form in Nebraska

FormStatusHeadlineVerified
Vape / inhalable Gray areaHemp Delta-9 vape - restricted2026-10-25
Capsule / tablet Gray areaHemp Delta-9 capsule - restricted2026-10-22
Beverage Gray areaHemp Delta-9 drink - restricted2026-10-25
Edible / ingestible Gray areaHemp Delta-9 edible - restricted2026-10-25
Flower / raw plant Gray areaHemp Delta-9 flower - restricted2026-10-25
Other Gray areaHemp Delta-9 other - restricted2026-10-25
Powder / bulk Gray areaHemp Delta-9 powder - restricted2026-10-25
Raw material / RUO LegalHemp Delta-9 raw material - legal2026-10-07
Tincture / sublingual Gray areaHemp Delta-9 tincture - restricted2026-10-25
Topical Gray areaHemp Delta-9 topical - restricted2026-10-25

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Nebraska's 6 neighbors, Iowa, Kansas and South Dakota are illegal; Colorado is restricted; Wyoming is gray area; Missouri is legal.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Nebraska

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Nebraska

5 instruments on file for this compound's framework in Nebraska; 49 of 49 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Neb. Rev. Stat. 2-503(13); 28-401(4), (14)(c) (LB 262, 2024) · Neb. Rev. Stat. 2-503(13); 28-401(4), (14)(c) (LB 262, 2024)OFFICIAL
Instrument
Neb. Rev. Stat. 2-503(13); 28-401(4), (14)(c) (LB 262, 2024)
Source
https://nebraskalegislature.gov/FloorDocs/108/PDF/Slip/LB262.pdf
Retrieved
2026-10-07
Fingerprint
adbf2ea8136d33e8
[LB 262 (2024), Sec. 2 amending 2-503:] (13) ["Hemp" means the plant Cannabis sativa L. and any part of that plant with a] "delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." [28-401(13) cross-references 2-503; 28-401(4) and (14)(c) exclude hemp from controlled substance and marijuana.] [Bracketed spans summarized.]
Neb. Rev. Stat. Sec. 2-503 · 2-503. Terms, defined.OFFICIAL
Instrument
2-503. Terms, defined.
Source
https://nebraskalegislature.gov/laws/statutes.php?statute=2-503
Retrieved
2026-07-02
Fingerprint
9a544120e3e4ec5a
2-503. Terms, defined.

For purposes of the Nebraska Hemp Farming Act:

(1) Agriculture Improvement Act of 2018 means section 10113 of the federal Agriculture Improvement Act of 2018, Public Law 115-334, and any regulations adopted and promulgated under such section, as such section, act, and regulations existed on January 1, 2024;

(2) Cultivate or cultivating means planting, watering, growing, and harvesting a hemp plant or crop. The presence of plants of the plant Cannabis sativa L. growing as uncultivated, naturalized plants in the environment is not cultivating hemp for purposes of the Nebraska Hemp Farming Act;

(3) 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;

(4) Person means an individual, partnership, corporation, limited liability company, association, postsecondary institution, or other legal entity;

(5) State-program-licensed hemp producer means a person licensed under a USDA-approved state or tribal program as authorized under the Agriculture Improvement Act of 2018 and includes the authorized employees or agents of such person;

(6) USDA means the United States Department of Agriculture; and

(7) USDA-licensed hemp producer means a person licensed by the USDA to produce hemp as provided in 7 C.F.R. part 990, subpart C, as such regulations existed on January 1, 2024, and includes the authorized employees or agents of such person.

Source: Laws 2019, LB657, Sec. 3; Laws 2020, LB1152, Sec. 1; Laws 2024, LB262, Sec. 2.

Cross References: Uniform Controlled Substances Act, see section 28-401.01.
Neb. Rev. Stat. Sec. 28-401 · 28-401. Terms, defined.OFFICIAL
Instrument
28-401. Terms, defined.
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https://nebraskalegislature.gov/laws/statutes.php?statute=28-401
Retrieved
2026-07-02
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28-401. Terms, defined.

As used in the Uniform Controlled Substances Act, unless the context otherwise requires:

(4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. Controlled substance does not include distilled spirits, wine, malt beverages, tobacco, hemp, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on January 1, 2014, and the law of this state, be lawfully sold over the counter without a prescription;

(13) Hemp has the same meaning as in section 2-503;

(14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds.

(b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration.

(c) Marijuana does not include hemp.

(d) When the weight of marijuana is referred to in the Uniform Controlled Substances Act, it means its weight at or about the time it is seized or otherwise comes into the possession of law enforcement authorities, whether cured or uncured at that time;

(30) Imitation controlled substance means a substance which is not a controlled substance or controlled substance analogue but which, by way of express or implied representations and consideration of other relevant factors including those specified in section 28-445, would lead a reasonable person to believe the substance is a controlled substance or controlled substance analogue. A placebo or registered investigational drug manufactured, distributed, possessed, or delivered in the ordinary course of practice or research by a health care professional shall not be deemed to be an imitation controlled substance;

(31)(a) Controlled substance analogue means a substance (i) the chemical structure of which is substantially similar to the chemical structure of a Schedule I or Schedule II controlled substance as provided in section 28-405 or (ii) which has a stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system of a Schedule I or Schedule II controlled substance as provided in section 28-405. A controlled substance analogue shall, to the extent intended for human consumption, be treated as a controlled substance under Schedule I of section 28-405 for purposes of the Uniform Controlled Substances Act; and

(b) Controlled substance analogue does not include (i) a controlled substance, (ii) any substance generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on January 1, 2014, (iii) any substance for which there is an approved new drug application, or (iv) with respect to a particular person, any substance if an exemption is in effect for investigational use for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355, as such section existed on January 1, 2014, to the extent conduct with respect to such substance is pursuant to such exemption;

(44) Cannabinoid receptor agonist means any chemical compound or substance that, according to scientific or medical research, study, testing, or analysis, demonstrates the presence of binding activity at one or more of the CB1 or CB2 cell membrane receptors located within the human body. Cannabinoid receptor agonist does not include cannabidiol contained in a drug product approved by the federal Food and Drug Administration; and

Cross References: Nebraska Hemp Farming Act, see section 2-501.
Neb. Rev. Stat. Section 28-401(4), (13), (14) · Terms, defined (controlled substance; hemp; marijuana)OFFICIAL
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Terms, defined (controlled substance; hemp; marijuana)
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https://nebraskalegislature.gov/laws/statutes.php?statute=28-401
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2026-07-18
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(4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. Controlled substance does not include distilled spirits, wine, malt beverages, tobacco, hemp, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on January 1, 2014, and the law of this state, be lawfully sold over the counter without a prescription; (13) Hemp has the same meaning as in section 2-503; (14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. (b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration. (c) Marijuana does not include hemp. Neb. Rev. Stat. Section 2-503 (Nebraska Hemp Farming Act): 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.
Neb. Rev. Stat. Section 28-401(4),(13),(14); Section 2-503 · Terms, defined (controlled substance; hemp; marijuana) and Nebraska Hemp Farming Act hemp definitionOFFICIAL
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Terms, defined (controlled substance; hemp; marijuana) and Nebraska Hemp Farming Act hemp definition
Source
https://nebraskalegislature.gov/laws/statutes.php?statute=28-401
Retrieved
2026-07-19
Fingerprint
1bcd490e01404e28
(4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. Controlled substance does not include distilled spirits, wine, malt beverages, tobacco, hemp, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on January 1, 2014, and the law of this state, be lawfully sold over the counter without a prescription; (13) Hemp has the same meaning as in section 2-503; (14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. (b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration. (c) Marijuana does not include hemp. Neb. Rev. Stat. Section 2-503 (Nebraska Hemp Farming Act): 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.

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Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Nebraska? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/nebraska/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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