Is Delta-8 In A Gray Legal Area in Nebraska? [2021 Laws Update]

Delta 8 Nebraska

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. 

Stock up NOW! Do you live in Nebraska and want some Delta-8 shipped to your door?   


Is It Legal: Nebraska Delta-8 Laws 

The short and simple answer is: Hemp-derived Delta-8 is in a grey legal area in Nebraska.

What Is Delta-8? 

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. 

Where to Buy Delta-8 in Nebraska

You can find Delta-8 sold in many places in the Cornhusker State. Here’s your guide to safely buying D8 in a nutshell: 

  1. 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. 
  2. 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.
  3. 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. 

Continued, Is Delta-8 Legal in Nebraska? 

Hemp-derived Delta-8 THC is in a grey legal area in Nebraska. 

Nebraska enacted hemp legislation shortly after the passage of the 2018 Farm Bill. The state legalized hemp and its cannabinoids, derivatives, isomers, and extracts, as long as they are made from hemp material 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 D8 from the state 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. 

This situation resembles the current legality of D8 on a federal level because it’s unclear whether D8 made from hemp is a synthetic cannabinoid. If it is, D8 made from CBD still falls under the 2018 Farm Bill because it’s a hemp derivative.

There are two main concerns regarding the legality of hemp-derived Delta-8 on a federal level:

  1. Is D8 produced from hemp-derived CBD “synthetic” and a controlled substance? 
  2. 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.

Bottom line

As of this writing, Delta-8 is in a grey legal area in Nebraska. Some shops ship to the Cornhusker State, while others don’t. Before ordering Delta-8 in this state, make sure you check your local laws and find a company that offers safe products. 

Delta 8 Nebraska Laws

Be Sure to Check Out: 

Best D-8 Products

Delta 8 THC Gummies

All Delta 9 Products


D8 is in a legal gray area in Nebraska. As a less friendly D8 state, Cornhuskers should be cautious when buying D8 in Nebraska. 

You can buy it online or at a local shop. Some cities in Nebraska sell it, while others don’t. 

You can! Residents of Delta-8 friendly states can order D8 online legally. 

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.

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.

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