{"id":81388,"date":"2025-05-28T11:59:47","date_gmt":"2025-05-28T19:59:47","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/05\/28\/nebraska-lawmakers-move-forward-with-plan-to-outlaw-most-consumable-hemp-and-thc-products\/"},"modified":"2025-05-28T19:47:10","modified_gmt":"2025-05-29T03:47:10","slug":"nebraska-lawmakers-move-forward-with-plan-to-outlaw-most-consumable-hemp-and-thc-products","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/05\/28\/nebraska-lawmakers-move-forward-with-plan-to-outlaw-most-consumable-hemp-and-thc-products\/","title":{"rendered":"Nebraska Lawmakers Move Forward With Plan To Outlaw Most Consumable Hemp And THC Products"},"content":{"rendered":"<\/p>\n

\u201cNebraskans feel like they\u2019re being gaslit by this Legislature, and that\u2019s because they are.\u201d<\/em><\/p>\n

By Zach Wendling, Nebraska Examiner<\/strong><\/p>\n

A legislative proposal that would ban most consumable hemp and other THC products in Nebraska<\/a> advanced Tuesday without amendments as opponents blocked changes.<\/p>\n

Throughout a four-hour debate on Legislative Bill 316, from state Sen. Kathleen Kauth (R) of the Millard area, only a handful of senators spoke. That\u2019s because of pointed opposition from state Sen. John Cavanaugh (D) of Omaha, who filed nearly 30 motions or amendments throughout the bill\u2019s life, largely to push senators toward considering regulations instead of a ban.<\/p>\n

LB 316 advanced 32\u201315 with 32 of the 33 Republicans voting for it and all 15 Democrats voting against. The Legislature\u2019s one nonpartisan progressive was not in attendance.<\/p>\n

State Sen. Dan McKeon (R) of Amherst, who was \u201cpresent, not voting\u201d on advancing the bill, said he did so to wait for possible future changes. He said he recently toured a consumable hemp shop in his district and has concerns about whether the bill could freeze those operations.<\/p>\n

LB 316 would prohibit raw hemp above 0.3 percent tetrahydrocannabinol (THC) of any concentration and for processed hemp the lesser of 0.3 percent THC on a total weight basis or 10 milligrams per package, effective January 1. The mature stalks of Cannabis sativa<\/em> and its fiber, oil, cake and any other naturally derived products would not be considered hemp, leaving a narrow legal path for some products such as fibers and textiles.<\/p>\n

If the bill passed, it would include a \u201cconsumer safe harbor period\u201d through the end of 2025 to give consumers time to discard any \u201cillegal hemp\u201d as newly defined under LB 316. Legal products would face an additional 10 percent wholesale tax at the time of purchase.<\/p>\n

Regulations again rejected<\/strong><\/p>\n

Part of Cavanaugh\u2019s tactics included a regulatory-focused amendment that he termed a \u201ccompromise.\u201d It would have still banned \u201csynthetic\u201d cannabinoids of any THC concentration but protected \u201chemp-derived\u201d cannabinoids, such as CBD lotions.<\/p>\n

The Cavanaugh amendment would have required ID checks before purchases, in-state testing, tamper-proof and child-resistant packaging and licensing similar to the Liquor Control Act.<\/p>\n

Cavanaugh and state Sen. George Dungan (D) of Lincoln said most hemp-derived products require chemical processes, such as heat, to be manufactured. Cavanaugh said the \u201csynthetic\u201d marijuana that opponents detest as a \u201cgreat evil,\u201d including K-2 and spice, was already banned in Nebraska in 2011.<\/p>\n

\u201cThis is a compromise that allows people, good actors, to continue to act and sell their product in the State of Nebraska, to collect taxes, collect revenue, create jobs, all of these sorts of things,\u201d Cavanaugh said.<\/p>\n

Cavanaugh\u2019s regulatory amendment failed 16\u201327. State Sen. Stan Clouse (R) of Kearney was the only eventual supporter of LB 316 who supported his proposal.<\/p>\n

\u2018Russian roulette\u2019<\/strong><\/p>\n

Around Cavanaugh, Kauth is seeking to amend LB 316 to explicitly state her bill would not conflict with voter-approved medical cannabis legalization and regulations in the state, a request of state Sen. Ben Hansen (R) of Blair.<\/p>\n

The other major change would allow consumers to prove via an \u201caffirmative defense\u201d in court that they purchased what would become \u201cillegal hemp\u201d under LB 316 for personal use before September 2025, when the law would take effect. That\u2019s a change made to appease state Sen. Tom Brandt (R) of Plymouth.<\/p>\n

Brandt and Hansen, both Republicans, have so far supported LB 316 under the condition that it be amended in the future. Lawmakers have five legislative days left to do so and are set to adjourn by June 9.<\/p>\n

Kauth disagrees that most products would be banned and envisions a three-step process for products under her bill:<\/p>\n