US State

Cannabis and hemp laws

Nebraska

Medical voter-approved 2024; first licenses issued early 2026

Adult use
Decriminalized
Medical
Legal
Last reviewed
May 27, 2026

Nebraska

Cannabinoid status board

All states and compounds

Delta-10 THC

Restricted

Limits

No statutory delta-10 cap or synthetic-cannabinoid ban. AG treats synthetic-conversion delta-10 as marijuana under §28-401. Enforcement is by lawsuit and cease-and-desist.

Key law

Nebraska Hemp Farming Act, Neb. Rev. Stat. §§2-501 to 2-518; Uniform Controlled Substances Act, Neb. Rev. Stat. §28-401; Nebraska Consumer Protection Act; Uniform Deceptive Trade Practices Act; Pure Food Act

Effective

May 30, 2019

Full rules

Delta-8 THC

Restricted

Limits

No statutory delta-8 cap or synthetic-cannabinoid ban. AG treats synthetic-conversion delta-8 as marijuana under §28-401. Enforcement is by lawsuit and cease-and-desist.

Key law

Nebraska Hemp Farming Act, Neb. Rev. Stat. §§2-501 to 2-518; Uniform Controlled Substances Act, Neb. Rev. Stat. §28-401; Nebraska Consumer Protection Act; Uniform Deceptive Trade Practices Act; Pure Food Act

Effective

May 30, 2019

Full rules

Delta-9 THC

Restricted

Limits

No statutory mg-per-serving cap. State follows federal 0.3% delta-9 by dry weight at harvest. AG treats intoxicating finished products as marijuana under §28-401.

Key law

Nebraska Hemp Farming Act, Neb. Rev. Stat. §§2-501 to 2-518; Uniform Controlled Substances Act, Neb. Rev. Stat. §28-401; Nebraska Consumer Protection Act; Uniform Deceptive Trade Practices Act; Pure Food Act

Effective

May 30, 2019

Full rules

HHC

Restricted

Limits

No statutory HHC cap or synthetic-cannabinoid ban. AG treats hydrogenated HHC as marijuana under §28-401. Enforcement is by lawsuit and cease-and-desist.

Key law

Nebraska Hemp Farming Act, Neb. Rev. Stat. §§2-501 to 2-518; Uniform Controlled Substances Act, Neb. Rev. Stat. §28-401; Nebraska Consumer Protection Act; Uniform Deceptive Trade Practices Act; Pure Food Act

Effective

May 30, 2019

Full rules

THCA

Restricted

Limits

No state-level total-THC formula or per-serving mg cap. Nebraska Hemp Farming Act tracks the federal 0.3% delta-9 by dry weight standard. AG treats intoxicating hemp flower as a controlled substance.

Key law

Nebraska Hemp Farming Act, Neb. Rev. Stat. §§2-501 to 2-518; Uniform Controlled Substances Act, Neb. Rev. Stat. §28-401; Nebraska Consumer Protection Act; Nebraska Department of Agriculture

Effective

May 30, 2019

Full rules

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Nebraska

Latest news and analysis

All news

September 12, 2026

Nebraska's Supreme Court Ends the Fight Over Medical Cannabis: Kuehn v. Evnen, 7–0, and What the Commission Does on September 14

A notary's defect does not void a petition page. With that, the last legal cloud over Nebraska's medical cannabis program lifted — and the bottleneck moved to the Commission's fee rule.

Nebraska 2025: AG Hilgers' Delta‑8 Crackdown Without a State Standard—Retailer Risk Checklist

Nebraska AG Mike Hilgers issued cease-and-desist letters to over 200 stores in 2025, prosecuting delta-8 sales without a comprehensive state hemp standard.

September 12, 2026

Nebraska's Supreme Court Ends the Fight Over Medical Cannabis: Kuehn v. Evnen, 7–0, and What the Commission Does on September 14

A notary's defect does not void a petition page. With that, the last legal cloud over Nebraska's medical cannabis program lifted — and the bottleneck moved to the Commission's fee rule.

Nebraska 2025: AG Hilgers' Delta‑8 Crackdown Without a State Standard—Retailer Risk Checklist

Nebraska AG Mike Hilgers issued cease-and-desist letters to over 200 stores in 2025, prosecuting delta-8 sales without a comprehensive state hemp standard.

FAQ

Common questions

Is marijuana legal in Nebraska?

Recreational marijuana is decriminalized in Nebraska. Medical marijuana is legal.

Is THCA legal in Nebraska?

Restricted in practice. Nebraska's Hemp Farming Act (Neb. Rev. Stat. §§2-501 to 2-518) tracks the federal Farm Bill at 0.3 percent delta-9 THC by dry weight at harvest, and the legislature has not enacted a separate intoxicating-hemp framework.

Is delta-8 THC legal in Nebraska?

Restricted in practice. The Nebraska Legislature has not enacted a synthetic-cannabinoid statute.

Is hemp-derived delta-9 THC legal in Nebraska?

Restricted in practice. The Nebraska Hemp Farming Act (Neb. Rev. Stat. §§2-501 to 2-518) tracks the federal Farm Bill at 0.3 percent delta-9 THC by dry weight, and the legislature has not added a state-level total-THC formula or per-serving mg cap.

This is general information, not legal advice.

Seed Legality

Medical program allows no home grow or seed sales; viable seeds are marijuana — ≤1 oz possession is a $300 infraction.
Hemp seeds
Legal
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

Neb. Rev. Stat. §28-401 defines marijuana to include all parts of the cannabis plant except sterilized seed incapable of germination, so viable seeds are contraband: possession of ≤1 oz is an infraction (max $300) under §28-416, and sale or even gratuitous distribution is a felony. The voter-approved 2024 Medical Cannabis Patient Protection Act (Initiatives 437/438) permits no home cultivation; LB677 failed cloture in May 2025, and the Medical Cannabis Commission's 2025–2026 regulations cap four licensed cultivators and restrict products to non-smokable forms, with no seed or flower sales to patients. Hemp seed ≤0.3% delta-9 THC remains lawful under the Nebraska Hemp Farming Act (Neb. Rev. Stat. §2-503 et seq.) with NDA cultivator licensing; Gov. Pillen's Jan. 2026 Executive Order 26-02 targets consumable THC products, not viable seed.

Key law:
Neb. Rev. Stat. §§28-401, 28-416; Neb. Rev. Stat. §2-503 et seq.; Initiatives 437/438 (2024)
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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