Is CBD Legal in Omaha?
Omaha, as a city in Douglas County, Nebraska, doesn’t, in itself, have the full authority to make laws on CBD one way or the other. The city has to follow the rules set by the state legislature and enforced by the state government.
The main question, therefore, is ‘Is CBD legal in Nebraska?’ This state, as we are going to see, has marijuana laws, but it appears that every county makes its own decisions on whether to enforce them or not.
The state’s marijuana law is clear. It is illegal to sell or possess marijuana and all its derivatives.
To put the issue in context, marijuana has two main cannabinoids THC and CBD. THC is psychoactive, and its mind-altering effects on its users are the reason why cannabis was, for a long time, categorized as a Schedule 1 drug in the United States.
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Modern technology allows for the breeding of marijuana crops that have minimal amounts of THC or that have high quantities of CBD or any other cannabinoid that one may desire.
Other than breeding, modern extraction methods allow you to isolate a particular cannabinoid and have it dominant in the oil you produce. Thus it is possible to have marijuana products that contain minimal THC.
The law in Nebraska makes no distinction between THC and CBD, as it does in many other jurisdictions. According to the Nebraska CBD law, therefore, all CBD products are illegal, and below are the associated penalties.
Possession of an ounce of any marijuana product as a first offense is categorized as a class three misdemeanor for which you can be cited for up to $300 and be required to attend a course.
If you repeat the offense, the law requires that you get a citation of $400 and be incarcerated for a maximum of five days. The second strike is a Class Four misdemeanor.
If for the third time, you are arrested with a quantity over one ounce, the crime is categorized as a Class 3A misdemeanor, which could earn you up to three months’ imprisonment and a fine of up to $500.
If you are a repeat offender and you are arrested with more than a pound of marijuana or any marijuana product including those that are CBD dominant, you could be imprisoned for up to five years and be fined an amount not exceeding $10,000.
Penalties for the sale of CBD and other marijuana products are even more severe. Selling any amount of any marijuana product, including CBD, carries a prison sentence of up to twenty tears but with a mandatory sentence of one year and a maximum fine of $20,000.
If you sell any marijuana product, including CBD to a minor, the mandatory custodial sentence rises to three years, and the fine increases to a maximum of $50,000. The penalties are much stiffer if you sell CBD to a minor within a school zone as the possible penalty for the custodial sentence then goes up to fifty years.
An attempt by one of the state senators, in 2015, to legalize medical marijuana failed after stiff opposition from the governor, the state attorney general, and some senators.
At the moment, the state of Nebraska has appeared so intent on keeping marijuana out that it sued Colorado, which legalized marijuana in 2014. Once Colorado legalized it, cases on possession increased by 11% along the border, which translated to an 11% increase in the cost of enforcement.
This increase caused Nebraska to sue Colorado in the Supreme Court of the United States, seeking to have the legalization overturned. They argued that Colorado’s legalization of marijuana was unconstitutional. The Supreme Court didn’t agree with Nebraska’s averment.
Where to Buy CBD Oil in Omaha
While CBD is still legally classified as a Class A restricted substance alongside all of the marijuana products, it is still on sale in Nebraska, particularly in Omaha. If someone asked you where to buy CBD Nebraska, you might want to send them to Omaha.
Local law enforcement bodies usually have to work with limited budgets, which leads them to select the crimes on which to focus.
The use of CBD doesn’t contribute to the increase in crime, and law enforcement agencies, therefore, don’t invest much time in it. There are, therefore, shops where you can get high-quality CBD products in Omaha.
There are two possible ways in which you can buy CBD in the city of Omaha.
- Buying Online
Many manufacturers and wholesalers have relatively efficient shipping methods of getting products to their customers. All CBD products are available for shipping even from across the state.
All you need to use this option is to log in to a website with a good reputation. Be sure you know what you are looking for on the site and place your order when you find it.
- Walk-in Shops
The city of Omaha itself is growing as a market for CBD, and it allows you to visit various shops from which you can purchase whatever products you want. The shops are scattered all over the city, and they sell high-quality products. Some of the shops are owned by the CBD manufacturers whose products they stock while retailers in wellness products own others.
Besides the difference in ownership, CBD shops in Omaha vary in the quality and prices and value of the products they stock.
Some sell premium quality products that cost a lot, and others sell lower quality products that are affordable for the everyday user. Still, other shops stock CBD products of different prices and quality.
The following are some of the stores from which you can buy.
a. American Shaman
b. Omaha Mystic Moods
c. Habitz Glass & Goodies
d. Generation V Vape & CBD Shop
e. Acosta Vapes and CBD
Updated 2020 News of CBD Oil in Omaha
While many right places are selling CBD in public, it is good to remember that CBD is still illegal in Omaha. Thus even when buying it and using it, this illegal status hangs over you like the legendary sword of Damocles that can fall on you at any time.
The only reason why the said sword doesn’t fall on you when you buy is that a law enforcement officer or a judge has decided that your crime doesn’t warrant the use of state resources to prosecute.
In light of this state of affairs, the best possible news in 2020 in as far as CBD in Omaha is concerned would be news on the advancement of the cause of legalization. A petition co-sponsored by Sen. Anna Wishart of the Nebraska State Senate for more sensible marijuana law was in the works in 2019.
This petition is requesting for a question on the amendment of the state constitution to be added in the election 2020 ballot. Once the petition has received enough signatures and gone through all the legal hoops, it will be the job of the Attorney General and his department to draft the referendum question.
The Attorney General has so far been one of the staunchest opponents of the legalization of medical marijuana. Still, it can be expected that he will honor the will of the people.
There is another group opposed to legalization. This group argues that proponents of medical marijuana are simply players in the marijuana industry who want to find a way of getting cannabis accepted as a legal drug and then unleash it for recreational use.
The opponents raise the question of the possible social consequences of the legal use of marijuana. In their view, the safety and health risks far outweigh any potential benefits.
Those opposed to legalization started a media campaign pointing out the risks of marijuana at around the time when the petition began. Although they argue that the ads are not targeted on the appeal, one can only expect that the referendum question will meet a determined opposing campaign.
With the above being the status in the ground, it is uncertain what 2020 will bring concerning this matter. The ballot measure can be expected to dominate the news on CBD as the campaign heats up.
It is reasonable to expect that CBD sellers who are already in Omaha to continue with their business. Others will open stores, although many sellers are likely to adopt a wait and see attitude. If the question is defeated, the state government may take it as the people’s mandate for them to shut down CBD shops in Omaha.
Final Thoughts
The question of whether CBD will be legalized in Omaha is a toss-up at the moment. What’s sure is that a majority of the people in the city don’t have anything against CBD.
It is also clear that the general trend worldwide is that people are accepting the health benefits of medical marijuana as being real.
The facts of the usefulness of CBD are borne out by science, and much of the research is still ongoing. All information on the positive benefits of CBD is in the public domain will eventually shape public opinion on the matter. The outcome of changed public opinion is likely to be legalization due to public demand.
Nebraska State government and the opponents of marijuana have valid fears. If the use of cannabis continues unchecked, it may have adverse effects on mental health, especially among teenagers.
The legalization of marijuana in Nebraska should be accompanied by a robust set of laws to prevent abuse of the psychoactive THC, especially on kids. The other alternative is only to legalize CBD, which is the objective of the current ballot measure.
As we await legalization, it is crucial if you are buying CBD, for you to be sure of the purity of the product you buy. This is particularly vital if you have to go through regular drug tests. If the CBD oil you buy has a considerable level of THC, the THC may show up in your drug test.
Also, remember that CBD contains some trace amounts of THC. The presence of these trace amounts means that every time you take CBD, you also take in a certain amount of THC. It follows, therefore, that the more the CBD you take in, the more the THC you absorb.
If therefore, you take large quantities of CBD at the same time, you may have enough trace amounts of THC to return a false positive when you go for a drug test.