Is THCA legal in Nebraska? Nebraska hemp, CBD, delta-8 and kratom laws

The law in Nebraska

Nebraska's hemp law is short. Section 2-503 of the Nebraska Hemp Farming Act defines hemp as the plant and its derivatives, extracts, cannabinoids, isomers and acids with no more than 0.3 percent delta-9 THC on a dry weight basis, makes it an agricultural commodity, and says that notwithstanding any other law it is not a controlled substance. Section 28-401 then leaves hemp out of the definition of marijuana.

LB 262, approved on April 16, 2024, repealed most of the act, including the state's licenses for growers and processor-handlers. What remains covers definitions, growing by USDA or tribal program licensees, and the papers needed to transport hemp.

1. May 30, 2019The governor approves LB 657, creating the Nebraska Hemp Farming Act.
2. April 16, 2024LB 262 is approved, ending state hemp licensing; growers are licensed by USDA or a tribal program.
3. May 15, 2025LB 230 is approved, adopting the Kratom Consumer Protection Act, operative July 1, 2025.
4. January 26, 2026The governor signs Executive Order 26-02, telling agencies to review rules on synthetic THC in food and drinks.
5. April 17, 2026LB 316, which would have redefined hemp and allowed only regulated CBD products, is indefinitely postponed.
6. June 18, 2026The Department of Agriculture holds its hearing on a rule making food with THC adulterated.
7. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

No Nebraska statute or rule names THCA or delta-8 THC. The definition counts delta-9 THC only, and Schedule I in section 28-405 lists tetrahydrocannabinols, natural and synthetic, while section 2-503 keeps hemp out of the controlled substance law. We found no Attorney General opinion or appeals court ruling that applies those sections to THCA flower or to hemp-derived delta-8.

The Attorney General has acted through consumer law instead. His office says it has sent 225 cease and desist letters and filed 16 lawsuits under the Consumer Protection Act and the Pure Food Act, including one against a California-based manufacturer, and that some cannabinoids being sold are synthetic Schedule I substances. Those cases had not produced a ruling on legality that we found.

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Executive order and the proposed food rule

On January 26, 2026 the governor signed Executive Order 26-02, directing the Departments of Agriculture, Banking and Finance, and Revenue to review their authority over synthetic THC in food, drinks and other products for human consumption and draft rules if needed.

The Department of Agriculture followed with proposed rules, 19 NAC 5, under the Pure Food Act. They would make food adulterated if it contains any amount of THC, its acid forms or converted analogs, naming THCA, delta-8, delta-9, delta-10, HHC, THC-O and THC-P among others, unless the state's medical cannabis acts allow it, and they define food to include gummies and tinctures. The hearing was held on June 18, 2026; we found no notice that the rules have been adopted.

LB 316, which would have redefined hemp, taxed and regulated CBD products and barred other hemp products, reached final reading in May 2025 and was indefinitely postponed on April 17, 2026.

Age, licenses and labels

We found no Nebraska statute setting a minimum age, a retail license or label rules for hemp or CBD products. The state stopped licensing hemp processors in 2024, and the Attorney General's letters cite consumer protection, food and controlled substance law.

Kratom, kava, amanita and spores

The Kratom Consumer Protection Act, sections 71-3801 to 71-3815, has been operative since July 1, 2025. It bars selling kratom products to anyone under 21, requires online sellers to verify age, bars products made to appeal to children, and requires labels listing mitragynine and 7-hydroxymitragynine. A product is adulterated if its 7-hydroxymitragynine is more than 2 percent of its alkaloids, it holds synthesized kratom alkaloids, or it is made to be smoked, vaped or injected.

The Department of Revenue began enforcing its directory of registered kratom products on January 1, 2026, with civil penalties of up to $20,000. LB 901, approved on April 7, 2026, adds a 10 percent excise tax on retail kratom sales from January 1, 2027.

We found no Nebraska statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocin are Schedule I under section 28-405.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.