A lot of confusion exists surrounding how those who sell CBD are prosecuted and Governor Pete Ricketts says that it comes down to prosecutors to decide. While some county attorneys refuse to file charges, others are choosing to prosecute business owners and employees. The governor of Nebraska explains that any product containing more than 0.3% THC is illegal in the state. Store owners, however, argue that they have been following this Nebraska Hemp Law. With that said, attorneys still choose to prosecute, and we have seen cases where charges have been thrown out three times in a row.
There are other county attorneys who will not prosecute when business owners are in line with the law. These inconsistencies are what are causing all of the confusion. Local officials need to work together to decide what is and what is not appropriate. That depends, therefore, very much on where you live. The Nebraska State Patrol also has questions for county attorneys. They have notified prosecutors that their lab cannot currently tell the difference between marijuana and hemp and cannot determine the level of THC present. The state says that it is working on improving equipment. It is up to them to have the appropriate equipment to be able to prosecute fairly.