Nebraska's Aggressive Delta-8 Enforcement in 2025: What Retailers Need to Know
Nebraska retailers selling hemp-derived THC products face an increasingly precarious position in 2025. Attorney General Mike Hilgers has significantly ramped up enforcement actions against businesses selling delta-8 THC and other hemp-derived cannabinoids, despite the absence of comprehensive statewide regulation. This enforcement surge has created a complex landscape where many retailers are caught between federal hemp legality and aggressive state-level prosecution.
Current Enforcement Landscape
As of August 2025, the Nebraska Attorney General's office has issued cease-and-desist letters to over 200 stores across the state. According to reports from CSP Daily News, these enforcement actions cite violations of multiple statutes:
- Nebraska Consumer Protection Act (Unfairness)
- Consumer Protection Act (Deception)
- Uniform Deceptive Trade Practices Act
- Nebraska Pure Food Act
In the first half of 2025 alone, the Lancaster County Sheriff's Office and Nebraska AG investigators conducted purchases from stores owned by 39 different companies, leading to the initial wave of 82 enforcement letters to Lincoln retailers in June. By mid-August, that number had expanded to more than 200 businesses statewide.
Key enforcement trigger: The AG's office found that nearly 90% of products tested were inaccurately labeled, with many containing controlled substances not disclosed on packaging.
The Legal Gray Area
Nebraska's approach represents a unique enforcement challenge for retailers because it operates without a clear statutory framework specifically addressing hemp-derived cannabinoids:
- The Nebraska Hemp Farming Act (LB657), passed in 2019, aligns with the federal 2018 Farm Bill, technically permitting hemp derivatives containing less than 0.3% delta-9 THC.
- Despite this technical legality, the AG's office has taken an increasingly hardline stance against all intoxicating hemp products.
- Unlike neighboring states such as Missouri (which fully legalized cannabis in 2022) or Iowa (which explicitly banned delta-8), Nebraska relies on consumer protection and food safety laws rather than specific hemp regulation as enforcement mechanisms.
A legislative proposal to formally ban most THC-containing hemp products was delayed until at least 2026, according to the Nebraska Examiner, leaving retailers in continued uncertainty through 2025.
Retailer Risk Checklist: Minimizing Exposure in Nebraska
For Nebraska retailers currently selling or considering hemp-derived cannabinoid products, the following actionable measures can help reduce regulatory risk exposure. While these steps cannot eliminate all legal risk in the current environment, they represent best practices based on the AG's stated enforcement priorities.
1. Implement Robust Age Verification Protocols
One consistent focus in enforcement actions has been sales to minors or the lack of adequate age controls:
- Implement mandatory ID verification for all customers, regardless of apparent age
- Utilize electronic age verification systems that scan IDs rather than relying on visual inspection
- Document your age verification policy in writing and require all employees to acknowledge training
- Post clear signage stating products are not for sale to minors
- Consider implementing "mystery shopper" programs to test compliance with your own age verification protocols
2. Scrutinize Product Selection
The AG's office has specifically targeted products that appeal to children or make unsubstantiated health claims:
- Avoid products with cartoon characters, bright colors, or candy-like appearance that might appeal to children
- Eliminate products that mimic recognized brands or food products ("copycat" products)
- Review all packaging for compliance with the Nebraska Pure Food Act requirements
- Avoid products making explicit medical or health benefit claims
- Consider temporarily removing highly intoxicating products (those specifically marketed for their potency) until the regulatory landscape clarifies
3. Verify and Document Product Testing
Product testing and verification have been central to the AG's enforcement actions, with mislabeled products being a primary target:
- Obtain and review Certificates of Analysis (COAs) for all products from ISO-accredited laboratories
- Verify that COAs test for:
- Cannabinoid profile (confirming delta-9 THC is below 0.3%)
- Heavy metals
- Pesticides
- Residual solvents
- Microbial contaminants
- Match batch/lot numbers on products to those on COAs
- Keep records of all COAs for at least two years
- Consider independent testing of products from third-party labs, especially for high-volume items
4. Scrutinize Marketing Claims
Deceptive marketing claims have been specifically cited in cease-and-desist letters:
- Review all product labels, websites, and marketing materials for accuracy
- Remove any therapeutic or medical claims not supported by FDA-approved evidence
- Ensure product potency claims match laboratory test results
- Include appropriate disclaimers about the lack of FDA evaluation
- Avoid marketing language suggesting products produce intoxication or recreational effects
5. Consider a Product Liability Waiver
Given the legal uncertainty, implementing a liability waiver may provide an additional layer of protection:
- Develop a customer acknowledgment form that discloses known risks
- Include confirmation that customers are over 21
- Specify that products have not been evaluated by the FDA
- Note that product effects may vary and customers use products at their own risk
- Consult with legal counsel to ensure the waiver is properly constructed for Nebraska law
Nebraska vs. Neighboring States: A Compliance Comparison
For retailers operating across state lines, Nebraska's enforcement approach creates unique challenges compared to neighboring states:
Missouri
- Fully legalized recreational and medical cannabis in 2022 (Amendment 3)
- Hemp-derived cannabinoids like delta-8 are permitted with fewer restrictions
- Product testing and labeling requirements exist through the state's cannabis regulatory framework
- Key difference: Missouri's regulated market provides clear guidelines, while Nebraska relies on broad consumer protection enforcement
Iowa
- Has explicitly banned delta-8 THC and other hemp-derived cannabinoids
- Classifies these products as Schedule I controlled substances
- Key difference: Iowa's approach provides regulatory clarity through explicit prohibition, while Nebraska's enforcement occurs without specific statutory language on delta-8
South Dakota
- Recently banned hemp-derived THC products under "total THC" rules (HB 1125, 2024)
- Medical marijuana program provides limited access to cannabis
- Key difference: South Dakota has established clear statutory language on hemp derivatives, while Nebraska's enforcement relies on broader consumer protection statutes
Civil Liability Considerations Beyond AG Enforcement
Beyond direct regulatory enforcement, Nebraska retailers should also consider potential civil liability exposure:
- Product liability claims from consumers experiencing adverse effects
- False advertising class actions related to product efficacy claims
- Negligence claims related to sales to minors or vulnerable populations
- Business interruption and inventory losses from enforcement actions
With the AG's office requiring signed voluntary compliance agreements as an alternative to litigation, retailers face significant pressure to permanently discontinue product lines or face costly legal battles.
Documentation and Compliance Systems
Given the enforcement environment, implementing robust documentation systems can help demonstrate good faith compliance efforts:
- Maintain detailed records of:
- Product sourcing and chain of custody
- Employee training on age verification
- Customer age verification processes
- Product testing and COAs
- Customer complaints and responses
- Conduct regular compliance audits of inventory, marketing materials, and sales processes
- Develop a rapid response plan for addressing regulatory inquiries or complaints
Looking Ahead: Policy Developments to Monitor
Nebraska retailers should keep close watch on several policy developments that could impact the hemp-derived cannabinoid market:
- Nebraska's delayed legislative action on hemp product regulation, expected to resume in 2026
- Federal action on hemp derivatives, including potential FDA regulation or DEA scheduling decisions
- Nebraska's medical cannabis program development, following voter approval in 2024, which could eventually provide a regulated pathway for cannabinoid sales
- Pending litigation challenging the AG's enforcement approach in other states, which could establish precedents relevant to Nebraska
Conclusion: Risk Management in an Uncertain Environment
Nebraska's approach to delta-8 THC and other hemp-derived cannabinoids creates significant challenges for retailers in 2025. Without comprehensive state regulation or clear statutory language specifically addressing these products, the AG's office has leveraged consumer protection and food safety laws to aggressively target businesses selling these items.
While the checklist above cannot eliminate all risks in this uncertain environment, implementing these practices can help demonstrate good faith compliance efforts and potentially reduce exposure to the most aggressive enforcement actions. Retailers must weigh business opportunities against significant regulatory risks and should consider consulting with legal counsel experienced in hemp regulation to develop individualized compliance strategies.
As the regulatory landscape continues to evolve, staying informed about enforcement trends and policy developments will be critical for businesses operating in this space. The disconnect between technical federal legality and aggressive state enforcement creates particular challenges that require careful navigation and ongoing vigilance.
This information is provided for educational purposes only and should not be construed as legal advice. For guidance specific to your business, consult with an attorney experienced in cannabis regulation and compliance. Stay updated on evolving regulations with CannabisRegulations.ai - your trusted resource for navigating the complex world of cannabis compliance.
