While it’s true that delta 8 THC is a popular, legal hemp derivative under the 2018 Farm Bill — you can’t help but wonder if it’s legal in states with stricter hemp laws. A great example of one of those states is Nebraska.
Is delta 8 THC legal in the Cornhusker State? Can you order it in the mail? Let’s look at the legal situation of hemp delta 8 in Nebraska.
Last Update: March 21, 2025
Summary
- Hemp-derived delta 8 THC is legal in Nebraska. The state hasn’t explicitly banned or restricted this compound.
- You can order your favorite delta 8 THC product in this state without any restrictions. Mr. Hemp Flower offers a premium collection of delta 8 THC products, including pre-rolls, flower, and gummies that you can order online.
- It’s prohibited to add delta 8 THC to food products in Nebraska.
- The state legalized hemp under the Nebraska Hemp Farming Act in 2019 and removed THC derived from hemp from the list of controlled substances.
Is Delta 8 THC Legal in Nebraska?
Yes, hemp-derived delta 8 THC is legal in Nebraska but remains unregulated.
After the state legalized hemp under the 2018 Farm Bill, it hasn’t explicitly banned or restricted the sale and possession of delta 8 THC.
In 2019, this state passed its Nebraska Hemp Farming Act (Bill 657) and legalized the cultivation and distribution of hemp and hemp-derived products. The only exception is adding delta 8 THC to food, which is prohibited in this state.
The state legalized hemp and its cannabinoids, derivatives, isomers, and extracts, as long as they are made from hemp with less than 0.3% THC on a dry weight basis.
The state makes a clear distinction between hemp and marijuana, which excludes hemp-derived delta 8 THC from the state’s controlled substances list.
But, it also lists tetrahydrocannabinols naturally contained in the cannabis plant and its synthetic equivalents as controlled substances. Unlike other states, Nebraska doesn’t exclude hemp tetrahydrocannabinols from the list of controlled substances.
Read more: State-by-State Legality of Delta 8 THC.
Where to Buy Delta 8 THC in Nebraska?
You can find delta 8 THC sold in many places in the Cornhusker State. Here’s your guide to safely buying D8 in a nutshell:
- Buy online: It’s fast. It’s reliable. And you can order wherever you are in Nebraska. Mr. Hemp Flower ships your D8 in discreet packaging straight to your door.
- Choose a reliable brand: This industry is full of companies looking to make a quick buck. Meaning, you should be concerned about the safety of some of the D8 products offered on the market. If the brand doesn’t provide a Certificate of Analysis and other tests, run in the opposite direction.
- Check delta 9 THC levels: Don’t forget to check the levels of delta 9 THC the product contains. A product that’s been screened for quality should contain less than 0.3% delta 9 and fall within the legal threshold.
At Mr. Hemp Flower, we put your health and safety at the forefront. Since 2016, we’ve been invested in providing products that offer hemp’s abundant benefits.
This cannabinoid is legal in Nebraska, so you can order a range of delta 8 gummies, hemp flower, soft gel capsules, and concentrates. Each product you order comes with a Certificate of Analysis and is made from legal USA-grown hemp.
What is Delta 8 THC?
Delta 8 THC is an analogue of delta 9 THC that possesses neuroprotective properties that can increase appetite, reduce nausea, pain, and anxiety. Delta 8 produces psychotropic effects but is, according to research, 50 to 70 percent less intoxicating than delta 9 THC.
D8 is a hemp cannabinoid that can produce a “high” associated with traditional THC — but less of it. Users report feeling a mellow, smooth intoxication that allows them to be productive and go on with their day. So, you’re definitely avoiding the typical “couch-locked” high.
What makes people LOVE this compound is that it’s gentle on the side effects. D8 doesn’t cause the paranoia and extreme anxiety that traditional THC does.
Delta 8’s Legality at the Federal Level
There are two main concerns regarding the legality of hemp-derived delta 8 on a federal level:
- Is D8 produced from hemp-derived CBD “synthetic” and a controlled substance?
- How does delta 8 pass as legal when it’s an intoxicating compound?
Regarding the first concern, most experts agree that delta 8 produced from hemp-derived cannabidiol (CBD) is not really “synthetic THC.”
It’s a fact that natural, organic D8 is legal under federal law. The Farm Bill legalized all hemp derivatives and cannabinoids as long as they are made from hemp material that contains less than 0.3% THC. But, because the hemp plant contains only small amounts of organic D8, manufacturers use CBD to create D8 through isomerization.
The Controlled Substances Act includes synthetic tetrahydrocannabinols, but the term “synthetic” is not explicitly defined. In its 2020 report, the Drug Enforcement Administration (DEA) reinforced what everyone already knew, which is that “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” The report also clarifies that for synthetically derived THCs, the levels of Delta-9 are not a determining factor for their legality.
Yet, most experts argue that even if delta 8 made from CBD is considered a synthetic compound, it still falls under the legality of the 2018 Farm Bill. But, there’s one main obstacle, which is the fact that D8 can get the user “high.”
We all know that the intent behind the Farm Bill was to legalize hemp and all its cannabinoids because they are harmless and don’t get the user intoxicated. The industry fought hard to clarify the distinction between hemp and marijuana. This puts delta 8 in a legal grey area and makes it more than evident that it requires distinct regulation.
Final Thoughts
Hemp-derived delta 8 THC is legal in Nebraska, but lacks regulation.
Nebraska follows the laws from Farm Bill 2018 and hasn’t placed any ban on synthetically derived delta-8 THC. This means you can legally purchase products that contain this cannabinoid.
On the other hand, marijuana, both for recreational and medical purposes, remains illegal in this state, so the marijuana-derived delta-8 THC is also illegal.
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FAQ’s
Is Delta-8 still legal to buy in Nebraska?
D8 is legal in Nebraska, but remains unregulated. The state hasn’t restricted its distribution and sale, so you can order it online without any restrictions.
Where to buy Delta-8 THC in Nebraska?
You can buy it online or at a local shop. Some cities in Nebraska sell it, while others don’t.
Can I order Delta-8 online legally?
You can! Residents of Delta-8 friendly states, including Nebraska, can order D8 online legally.
Is Delta-8 THC legal in all 50 states?
No, so far, 15 states have banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.
Is Delta-8 THC safe?
Deta-8 is a safe hemp derivative. The unsafe part about it can come from badly made products that could possibly contain toxins or other chemicals.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.