While it is legal for the University of Nebraska and Nebraska Medicine to possess cannabidiol ( also known as CBD), possession by anyone not participating in the medical cannabidiol pilot study will likely be treated as if they are in possession of an illegal controlled substance.
CBD is a cannabis compound that has been studied as a new drug, taken as treatment for conditions such as anxiety, Parkinson’s disease and multiple sclerosis. It does not have a psychoactive effect, and is often distributed as an extract in oil form. While CBD oil may have a valid medical purpose, law enforcement appears to treat it as contraband.
Earlier this year, in Washington County, law enforcement raided a Vape store which sold products containing CBD oil claiming it was a controlled substance.
One legal issue is whether CBD oil is in fact “marijuana”. According to Nebraska Revised Statute 28-401 (13) marijuana includes all parts of the genus cannabis plant, whether growing or not, and every compound, manufacture, or derivative of such plant or its seeds. However, this does not include mature stalks of the plant, or cannabidiol contained in a drug product approved by the FDA or pursuant to Nebraska revised statutes. Furthermore, Nebraska Revised Statutes section 28-405 does not list CBD oil as a controlled substance.
What is Cannabidiol?
According to Nebraska Revised Statute 28-463, cannabidiol means the processed cannabis plant extract, oil or resin that contains more than 10% CBD by weight, but no more than 3/10 of a percent tetrahydrocannabinols by weight, in either liquid or solid form.
How do I Know if it’s Illegal?
Unfortunately some people don’t know if their CBD oil is illegal until they’ve been arrested by law enforcement and the substance has been tested.
An investigation into CBD oil is similar to other narcotics investigations where the government must still prove beyond a reasonable doubt that the substance is the actual illegal substance the they claim it to be. In some cases involving narcotics, law enforcement may arrest and send a person to jail only to find out months later that the substance that was tested was not illegal.
The Target of the Investigation
It appears that vape shops are the new target of CBD investigations. Ironically, many vape shops have openly advertised the products containing CBD. In these instances, the owners believe that products containing CBD was legal and were open and upfront about the product, because they believed it was legal.
If you or a loved one has been the target of a CBD, marijuana, or other narcotic investigation, contact the aggressive experienced criminal defense attorneys at Berry Law.
