It was not long ago that all cannabis products were illegal and listed as Schedule I drugs. However, it all changed with introducing the 2018 Farm Bill — at least for most people.
While some states are more permissive, others still keep strict regulations even before the historic 2018 Farm Bill. Nebraska is notorious for being one of the most resistant to this change in regulation.
In this article, we’ll cover, in detail, the laws regulating delta 8, delta 9, and delta 10 THC in the state of Nebraska. We’ll cover the differences between delta 8 and delta 9 THC and let you know how to use and where to buy delta 8 THC.
IS DELTA 8 THC LEGAL IN NEBRASKA?
The laws surrounding delta 8 THC are quite ambiguous but, under the 2018 Farm Bill, this compound is legal at the federal level.
This bill removed hemp (containing less than 0.3% THC) and hemp products from the Controlled Substances Act, meaning that it is no longer an illegal Schedule I drug.
State laws supersede federal laws — in most cases. For example, since the 2018 Farm Bill, Nebraska has decided to outlaw delta 8 THC no matter if it’s extracted from legal hemp or illegal marijuana.
No delta 8 THC vendor will ship directly to Nebraska. Some people use mail forwarding services like Skypax to have it routed through legal states, but this is illegal according to Nebraska law.
WHAT ABOUT DELTA 10 THC?
Delta 10 THC is illegal in Nebraska, just like delta 8 and delta 9 THC. This cannabinoid falls under the same laws that ban the sale and possession of any THC product.
DO I NEED A MEDICAL CARD TO ORDER DELTA 8 THC IN NEBRASKA?
Considering delta 8 THC is banned in Nebraska even for medical purposes, medical cards for delta 8 products don’t exist in the state.
WHAT’S THE DIFFERENCE BETWEEN DELTA 8 THC & DELTA 9 THC?
Delta 9 THC is most commonly known as just THC. It’s one of the most famous cannabinoids since it is the main compound in cannabis that gets you high. Unfortunately, Delta 9 THC is illegal at the federal level, with just a few states allowing it.
Delta 8 THC is found in minimal amounts in cannabis compared to delta 9. It produces similar but milder effects than delta 9 THC. However, it’s approximately half as potent.
These two compounds are isomers, meaning that their chemical structures are very similar. The difference is the location of a single double-bond — everything else is identical. Still, these small variances are responsible for their different effects and legal classification.
When it comes to health benefits, you can get pretty much the same out of both. Although some would consider delta 8 THC’s reduced potency as a disadvantage, delta 8 has advantages over delta 9.
The advantages of delta 8 THC include:
- Less undesired side effects, especially anxiety
- Superior ability to increase your appetite
- Greater shelf-life
- Regaining your tolerance to delta 8 THC is easier and faster
- Due to its lower potency, it’s less likely that you use too much delta 8 by mistake
A few disadvantages of delta 8 THC include:
- Less potency, roughly half as much, meaning that you need twice as much delta 8 to get the same effects high-wise (which may be a plus for some people)
- You develop tolerance to delta 8 faster.
- Given that it’s only found in trace amounts in cannabis, it’s considerably more expensive.
IS DELTA 8 THC SAFE?
Yes! As previously mentioned, due to delta 8 THC having around half the potency of delta 9 THC, you’re less likely to use too much accidentally, and it leads to less undesired side-effects, like anxiety and paranoia.
While side effects are possible, there has never been a reported death or overdose from delta 8 THC. Taking too much may make you feel nauseous, dizzy, or sedated. Some people wake up feeling groggy the day after using high doses of delta 8 THC.
IS DELTA 8 THC SYNTHETIC?
The term synthetic is used to describe human-made products. For example, Delta 8 THC isn’t considered synthetic since cannabis plants naturally produce it.
When cannabis or hemp are exposed to oxygen, heat, or UV light, chemical reactions that turn delta 9 into delta 8 THC occur. However, it can only be found in trace amounts, around 1% or less.
Due to this low concentration, commercial products convert CBD to delta 8 THC through chemical reactions. First, highly refined CBD is mixed with hydrochloric acid and toluene, and the mixture is refluxed for 20+ hours.
This process leads to confusion as some people argue it might be considered synthetic since it’s produced in a lab – however, as previously mentioned, it can be found in nature, just not in amounts great enough to be commercially viable.
In 2020, the federal government further ensured the legality of delta 8 THC by stating that “All synthetically derived tetrahydrocannabinol remain Schedule I controlled substances.” This made a clear distinction between delta 8 and other synthetic THC versions, like ‘spice.’
DELTA 8 VAPES & THE PACT ACT
In 2009, the Prevent All Cigarette Trafficking (PACT) Act was passed as an amendment to the 1949 Jenkins Act. Its main goal was to prevent the online sales of untaxed cigarettes.
It prohibited the US Postal Service from shipping cigarettes and smokeless tobacco. In addition, it required all online sellers to register with the Bureau of Alcohol, Tobacco, Firearms, Explosives (ATF) and with the tax administrators of each state.
Additionally, the PACT Act:
- Mandated that online sellers collect state and local taxes
- Imposed strict rules for tax collection, payment, and reporting to individual states and the federal government
- Created standards for private carriers shipping cigarettes and smokeless tobacco to both residencies and businesses
More recently, in December 2020, another act was passed. The Preventing Online Sales of E-Cigarettes to Children Act, also known as the ‘vape mail ban,’ was added to the PACT Act.
Essentially, this bill changed the definition of ‘cigarettes.’ It now includes all vaping products, from devices to e-liquids, whether or not they contain nicotine — including delta 8 THC vaping cartridges.
Additionally, all Electronic Nicotine Delivery Systems (ENDS) are banned from being delivered by the US Postal Service under this new act.
Here are other important rules imposed by the Preventing Online Sales of E-Cigarettes to Children Act:
- Sellers must verify the customer’s age;
- Only private shipping companies can deliver these products;
- Upon delivery, there must be an adult with ID to receive the products;
- Shipping packages must be labeled to signal they contain tobacco products;
- Companies must register with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the US Attorney General, and with state and local tax administrators, wherever they conduct business;
- Companies must comply with local and state tax requirements and add tax stamps to all products sold;
- Companies ought to send a list detailing all transactions to state tax administrators every month.
WHAT DOES THIS MEAN TO VAPERS?
This bill completely changes the landscape of vaping products’ sales and deliveries. The vaping industry will have to adapt quickly to this new reality, and a lot of smaller businesses might not survive.
Now, you’ll have to fill out an age verification form at the time of checkout. This is done by uploading documents that can prove you’re above the age of 21. It also means shipping times could be longer than usual and may be more expensive than they used to be. The US Postal Service and many other major shipping companies will no longer ship vape products within the US.
If you order vaping products from a website that doesn’t verify your age, you should avoid buying from them – firstly, because it’s illegal and, secondly, because they’re probably cutting corners and conducting other unethical practices.
HOW TO USE DELTA 8 THC?
When it comes to delta 8 THC, there’s something for everyone. You can find delta 8 products in the same various forms as CBD products. Here are three of the best options:
1. DELTA 8 THC VAPE CARTRIDGES
If you’ve been using other types of vapes before, delta 8 THC vapes work just the same. If not, nothing to worry about — take a deep breath and hold the vapor for as long as you want — the longer you hold, the greater the absorption.
To vape delta 8, you can get pre-made disposable vape pens or cartridges to use with your reusable pen.
It might be hard to find delta 8 THC vape cartridges for some common vape pen models, but you can find standard 510 threading that’s become the universal threading for vape products in the US.
Vaping has many advantages when compared to other methods, including how convenient and discreet it is. Moreover, the effects show up much faster — it only takes about 10 minutes while ingestion methods take about 30 minutes.
2. DELTA 8 THC GUMMIES
Gummies’ greatest advantage is the easiness of controlling your delta 8 THC dosage. You know exactly how much is in each gummy and can have as many as you need to reach your ideal dosage – they’re also super yummy!
The effects take longer to show up than with vaping since your digestive system needs to process them before the delta 8 THC enters your bloodstream – but the effects last longer and spread throughout your whole body.
3. DELTA 8 THC TINCTURES
Tinctures are super versatile, and you can find them in different flavors. You can apply a few drops sublingually and hold them for about a minute before swallowing or add them to food or drinks to make your own personalized edibles.
Due to other ingredients in tinctures’ formulations, they have great bioavailability. This means that your body can efficiently absorb them — especially if you apply them under your tongue; the effects are quite fast to set on (although not as fast as vaping).
DELTA 8 THC IN NEBRASKA: WHERE TO BUY
Usually, you can purchase delta 8 THC products from dispensaries or online vendors. Unfortunately, you won’t find any delta 8 products legally in the state of Nebraska. There are no dispensaries that would carry it, and most online D8 vendors don’t ship to illegal states like Nebraska.
Ordering through mail forwarding services to get your products is illegal because it’s an attempt to sidestep the local law.
WHAT IS THE FUTURE OF DELTA 8 THC IN NEBRASKA?
While all the US states are moving towards full legalization of marijuana, Nebraska is likely to be one of the last states to accept this change. From the very beginning, Nebraska regulators have pushed back on changes to the cannabis legislature and have even since signed new, more restrictive laws.
While it’s hard to see a future where cannabis is illegal anywhere within the next 10–15 years, there’s no indication that Nebraska is seeking to go with the trend and loosen their already strict cannabis laws.