CBD products were on sale in Omaha, Nebraska, for less than a fortnight before the state’s Attorney General stepped in, sending a memo to Nebraska law enforcement, telling them that the practice was illegal.
The memo stated that the Nebraska Attorney General’s Office and Nebraska State Patrol were in agreement that the sale of CBD, a controlled substance, was illegal under Nebraska state law.
The lack of FDA approval for any CBD products played a part in the decision, according to the memo. Therefore, the Attorney General’s Office concluded that possessing, manufacturing and distributing CBD was illegal, and that the University of Nebraska Medical Center (UMNC) is the only organization that can legally obtain CBD in Nebraska, for its authorized study.
Brenda Beadle, Chief Deputy Attorney of Douglas County, says that they are in agreement with Nebraska’s Attorney General on the matter.
Beadle says that this statue would include CBDs, and therefore to be in possession of CBD products in Nebraska would be in violation of the possession of marijuana law.
However, according to CBD American Shaman owner, Donald Anderson, Beadle and Nebraska’s Attorney General have a key misunderstanding of the CBD products stocked at his store. Anderson says that they are classifying his product as a marijuana product, when in reality it’s an industrial hemp product.
Botanically, industrial hemp is a cannabis sativa plant, however it contains much lower concentrations of CBD than a typical strain. Providing a hemp plant has less than 0.3% THC, it is permitted at federal level, says Anderson. He adds that if the CBD products sold at his store are illegal, then the same would apply for the hemp-derived cosmetic and food products on sale across the United States.
How CBD American Shaman is responding
CBD American Shaman, a company with stores in several states, has responded promptly. A summary of their statement follows.
The response argues that the decision from the Attorney General’s office was “prematurely and wrongly determined,” adding that the supposedly infringing products stocked at CBD American Shaman are not marijuana products when considered under the framework of Nebraska’s statutes or regulations. Furthermore, no claim is made by CBD American Shaman that they stock cannabis, medical or otherwise.
The statement adds that the company doesn’t advertise or sell their products as authorized medicinal hemp extract, or that they are vending products as state-licensed hemp extract or medical CBD.