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  • Alternative Cannabinoids

May 31, 2023

Is Delta 9 Legal In Nebraska?

Estimated Read Time: 8 min

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By Valerie Orta on May 31, 2023

Discover the legal landscape of Delta 9 THC in Nebraska and explore the factors to consider when purchasing legal Delta 9 products.

Delta 9 THC is undoubtedly the most well-known and sought-after type of THC, known for its powerful, uplifting effects. However, it also carries some controversy as it remains on the DEA's list of controlled substances. Despite this, Delta 9 products are more legally available throughout the United States in recent years, thanks to the 2018 Farm Bill.

The 2018 Farm Bill is landmark legislation that drew a clear distinction between hemp-derived and marijuana-derived products, effectively making Delta 9 THC products as long as they are derived from hemp and meet specific requirements.

Key Takeaways:

  • Delta 9 THC is an abundant cannabinoid in the cannabis plant. It's most famous for its uplifting effects.
  • Delta 9 is legally available to buy and use in Nebraska when derived from hemp. State legislation closely follows the federal 2018 Farm Bill.
  • Nebraska has no provision for legal marijuana, so marijuana-derived Delta 9 remains illegal there.

Different states have adopted varying THC regulations, and Nebraska is no exception. So, if you're a resident of Nebraska and interested in knowing whether you can buy, possess, and consume Delta 9 THC within the state, here's what you need to know.

What is Delta 9 THC?

Delta 9 THC, commonly referred to as THC, is one of the many cannabinoids found in the cannabis plant. It serves as the primary compound in marijuana derivatives while occurring naturally in minimal amounts in hemp plants.

With over 100 cannabinoids produced by the plant, Delta 9 stands out for its powerful, uplifting effects. Additionally, it possesses other natural wellness properties, such as promoting enhanced relaxation and mood support, contributing to its growing popularity.

Initially, Delta 9 was only available in the form of smokable flower. However, due to the increasing demand for this cannabinoid, there is now a wide range of enjoyable ways to experience Delta 9. These include Delta 9 edibles and more.

Important Benefits of Delta 9 THC

Our knowledge of Delta 9 THC has dramatically benefited from numerous scientific studies investigating its effects and potential wellness benefits. Interestingly, research into Delta 9 and its possible advantages predates its isolation and discovery in 1960.

While there is still much to uncover about Delta 9 and other types of THC, existing evidence and anecdotal reports highlight a wide range of benefits, including:

Healthy appetite support

Delta 9 has shown the potential to encourage healthier eating habits in some individuals. Although the effects of Delta 9 can vary from person to person, many consumers have reported increased enjoyment of food after consuming Delta 9. It interacts directly with the body's endocannabinoid system, a crucial regulatory network that helps maintain a balanced and optimal appetite.

Uplifted mood

Evidence suggests that Delta 9 can contribute to a more positive and happy state of mind. Most people report experiencing a sense of peace and calm when consuming Delta 9, which can help quiet unwanted busy or stressful thoughts, ultimately leading to an overall improvement in mood.

Natural relief benefits

Throughout ancient times, Delta 9 has been utilized to relax the body and alleviate tightness and soreness. Its ability to naturally reduce body uneasiness is one of the primary reasons people turn to Delta 9 products.

Sleep support

Thanks to its calming properties, Delta 9 is commonly used to unwind in the evenings before bedtime. Delta 9 can help you relax, unwind, and calm racing thoughts in smaller serving sizes, creating an ideal environment for a restful night's sleep.

Delta 9 Gummies Legal in Nebraska

Is Delta 9 the Same as Delta 8?

If you've been familiar with Delta 9 for some time, you may have also come across Delta 8 products. Both compounds share similarities but differ in potency levels.

Delta 8 is an isomer of Delta 9, which means they have a similar structure. It is naturally found in plants, although in minimal quantities.

Compared to Delta 9, Delta 8 is less potent. Some claim it is approximately 50% less powerful, making it suitable for newcomers to elevating cannabinoids who prefer a milder experience.

Despite their differences, both compounds have shown shared benefits, particularly in promoting relaxation.

Delta 8 consumers often note that its effects are slightly distinct. For example, they describe the experience as uplifting and mood-boosting compared to Delta 9's more powerfully relaxing effects.

Legally speaking, both Delta 8 and Delta 9 are available if derived from hemp. However, hemp products can lawfully contain a higher concentration of Delta 8, while products must not exceed 0.3% Delta 9 by dry weight to meet the requirements outlined in the 2018 Farm Bill.

Learn more: Delta 8 Vs Delta 9 Vs Delta 10 THC

Is Delta 9 THC Legal in Nebraska?

Yes, Delta 9 THC is now legal in Nebraska. However, it has to fall within federal guidelines, which include:

  • Be hemp-derived
  • Contain no more than 0.3% Delta 9 by dry weight

The journey toward Delta 9's legality in the Cornhusker State began with the signing of the 2018 Farm Bill, also called the 2018 Agricultural Improvement Bill. This significant federal legislation legalized hemp production and hemp products across the country.

Following the federal bill's passage, individual states implemented their hemp regulations. In 2019, Nebraska took a significant step forward when Governor Pete Ricketts signed LB657 into law, legalizing hemp cultivation within the state. As of the time of writing, the cultivation, distribution, purchase, and consumption of hemp derivatives are permitted in Nebraska.

The state-level bill was primarily meant to give farmers legal access to growing hemp statewide. However, it also redefined hemp to match those in the 2018 Farm Bill. It confirmed that hemp products, including "extracts or cannabinoids" that contain less than 0.3% Delta 9 by dry weight, are classified as hemp and legal.

Some crucial excerpts of LB657 Nebraska Hemp Farming Act that support Delta 9 in Nebraska include:

2-503 Terms

(11) 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;

2-514 Testing

(1) Hemp from each cultivation site registered with the department shall be tested for delta-9 tetrahydrocannabinol concentration prior to harvest by an approved testing facility at the licensee's expense. The results of such tests shall be certified directly to the department by the testing facility prior to harvest. The test results shall identify the location ID where the hemp was cultivated.

[Read the Full Bill]

Marijuana Delta-9 in Nebraska

If Delta 9 originates from marijuana, it remains illegal in Nebraska.

While some states, such as Florida, have implemented additional legislation to allow for Delta 9 from marijuana with a doctor's prescription, Nebraska's progress in this area faced a hurdle. Senator Anna Wishart's 2021 bill aimed at legalizing medical marijuana in Nebraska encountered a setback and did not move forward.

As it stands, Nebraska has some of the strictest laws in the country regarding both recreational and medical marijuana, as both forms are currently illegal within the state.

How to Take Delta 9 THC Legally in Nebraska

Thanks to the legality of hemp-derived Delta 9 THC in Nebraska, you'll find a wide range of legal products that are highly popular among individuals seeking health and wellness benefits from hemp.

However, it's crucial to ensure that these products are manufactured following the guidelines outlined in the 2018 Farm Bill. This federal legislation limits the Delta 9 concentration, requiring it to be below 0.3% by dry weight.

As a result, most legally available Delta 9 products in Nebraska primarily come in the form of heavier products, like Delta 9 gummies. These sweet-flavored edibles offer a convenient and enjoyable way to experience the benefits of Delta 9 THC while staying compliant with the regulations.

Remember that while legal, hemp Delta 9 will still appear on a drug test. If you're subject to testing, you'll want to avoid all hemp cannabinoids to be safe. How long Delta 9 stays in your system varies by frequency, serving size, method of use, and more.

How to Buy Delta 9 Products Legally in Nebraska

When purchasing Delta 9 products, it's essential to tread carefully along the legal line to help ensure you have a positive experience and avoid any potential issues. Consider a few critical factors to ensure you purchase legal Delta 9 products.


Opt for Delta 9 products from reputable and trustworthy brands with longevity in the hemp industry. Whether you purchase in-store or online, ensure that the brand can be verified and has a track record of producing legal Delta 9 products with the correct THC concentrations.

Third-party lab test certificate

It's always best to review a product's certificate of analysis (CoA) before purchasing it. This document is crucial as it demonstrates that the products have undergone screening and testing. In addition, it provides information on the THC content, purity, and presence of any toxins in the product. Many brands make the CoAs readily available on their websites, allowing you to access and review them before purchasing.

* Legal disclaimer: The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. This article was last updated in May 2023, and laws are different from state to state and are constantly evolving. Please consult an attorney where you live for verification of the legal status of Delta 9 products.

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