Is Delta-8 Legal in Nebraska flag

Is Delta-8 THC legal in Nebraska?

Hemp-derived Delta-8 THC is legal in Nebraska according to the Farm Bill and Nebraska’s local rules. Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system, which was first discovered in the 1990s.

The endocannabinoid system uses the cannabinoids as neuromodulators that work with the cannabinoid receptors throughout the human body. ​​The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a popular THC product gaining traction for therapeutic and personal needs. It is similar to Delta-9 THC and we’ll look at that in the next section. Most states including Nebraska have been onboard with Delta-8.

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Is there a difference between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule, and with different properties.

The molecules that make these three types of THC are very similar. A small structural difference exists, in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do in fact make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

You can read much more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?  Spoiler alert – it’s legal too!

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. You might say there’s a hemp tradition in Nebraska. It was admitted to the Union in 1867 and began growing hemp fairly soon after in 1887 [3]. Hemp means anything from the the fiber produced from the hemp plant as an agricultural commodity to the genus cannabis plant that contains other hemp derived cannabinoids such as CBD, THC, etc.

The Farm Bill of 2018 (see next section) established new legal definitions and rules for hemp federally, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Hemp and hemp derivatives include cannabinoids like CBD, CBDA, CBDv, CBC, CBG, CBN, CBDv, THCv, Delta-8 THC, Delta-9 THC, and Delta-10 THC. These and other cannabinoids are federally-compliant for use in inhalable, edible, and topical products. THC means tetrahydrocannabinol, the cannabinoid in cannabis responsible for its psychoactive effects and some of its possible therapeutic benefits. It has a similar chemical structure as other minor cannabinoids.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal? 

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, the main psychoactive chemical, which occurs naturally in the cannabis plant.

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. The law, signed by then president Donald Trump, federally defined thc level cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Most states passed similar laws in the year or years following the Farm Bill’s enactment, and most of these in turn adopted the same definition of hemp. This let Nebraska and other states move forward with legalized hemp and hemp-derived products and cannabinoids, changing the legal status and allowing hemp derived cbd and hemp derived products to taken off the uniform controlled substances act and sold much like recreational cannabis is in other states.

How do you buy high quality Delta-8 in Nebraska?

Finding great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. Be careful what you buy, because if processing of Delta-8 is done poorly, it can lead to degradation of the compound, poor potency, or harmful by-products.

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. A good strategy is to only buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. Synthetically produced cannabinoids can be hard to produce if conditions aren’t dialed in, so it’s always best to order from reputable companies with clear and readily available COA’s.

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Transparency promotes trust and reliability. Producers should only use third-party lab testing and publish the CoA results where buyers can access them. Look for labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities. They follow strict regulations and are trusted to ensure federal-compliance of Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including every strain of our potent Delta-8 Pre-Rolls

Where is Delta-8 THC legal? 

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is made from hemp, and it has less than .3% Delta-9 THC per dry weight.

The federal government permits hemp and hemp-derived Delta-8 THC products nationally and will not make state laws that limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders, and some do so. It’s confusing for Americans but is the current situation. To learn about state law and how all 50 states handle Delta-8, read Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Nebraska

Delta-8 is available from convenience stores across Nebraska. Remember you can always use the convenience and privacy of Earthy Select’s direct mail order service for the best Delta-8, Delta-9, and Delta-10! We sell potent gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and the law in Nebraska

Hemp-derived Delta-8 THC is legal in Nebraska based on the Farm Bill and the state’s rules. Industrial hemp has actually been grown there since 1887 [3] so there is a tradition of and familiarity with hemp farming in Nebraska.  Nebraska hemp farming act made it legal to grow Hemp in Nebraska. To legally grow hemp in Nebraska, interested parties must receive a license from NDA, regardless of the size or purpose for cultivation. Growing, processing, handling, and/or brokering hemp without a license from NDA or a Tribe with a USDA-approved hemp plan is illegal in Nebraska.

Marijuana is not legal in Nebraska but possession has been decriminalized ever since 1979 [3]. A first offense involving up to an ounce results in a non-criminal fine and no incarceration [4].

Hemp is legal in the state because Nebraska passed its Nebraska Hemp Farming Act in 2019, aligning its definition of hemp with federal policy, and removing hemp from the controlled substance list [5].

Fun fact: Nebraska unsuccessfully tried to sue Colorado when the neighboring state legalized marijuana, which had the effect of increasing marijuana arrests and costs of enforcement in Nebraska [3].

Final thoughts on Delta-8 in Nebraska

Folks in Nebraska love Delta-8. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! Save time and get your Delta-8, Delta-9, and Delta-10 delivered right to your door.

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.


  1. Wikipedia: Endocannabinoid System
  2. Delta-8 and Delta-9: Oral and Intravenous Comparison
  3. Wikipedia: Cannabis In Nebraska
  4. NORML: Nebraska Penalties
  5. Nebraska Hemp Farming Act

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Frequently Asked Questions

Hemp-derived Delta-8 THC is legal in Nebraska based on the Farm Bill and the state’s rules.

You may feel “high” after using THC products. Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will differ depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if it’s only used once or twice. If used routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

Yes, the Farm Bill allows this. Though products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

Hemp-derived Delta-8 THC is legal in Nebraska.

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