Nebraska legislature considers felony designation for Delta 8 cannabinoid products

The Nebraska Legislature convened on April 28, 2025, to discuss a significant bill concerning the legal status of Delta 8 THC, a cannabinoid derived from hemp. The session highlighted concerns regarding the implications of classifying Delta 8 as a Class 1 felony, which would criminalize its possession in any form, including topical applications and pet products.

One senator expressed strong opposition to the bill, arguing that it would effectively turn many Nebraskans into felons for possessing products that have been widely used and sold legally until now. The senator emphasized that Delta 8 is commonly found in CBD creams and other wellness products, which many individuals, including elderly residents, rely on for pain relief. The potential for criminal charges against those unknowingly possessing these products raised alarm, particularly for those who may have them in their homes without awareness of their contents.

The discussion also drew attention to the disparity in legal consequences between Delta 8 and traditional THC products. While possessing marijuana with THC is classified as an infraction, the proposed bill would elevate Delta 8 possession to a felony, highlighting a significant inconsistency in the state's approach to cannabis-related substances.

The senator concluded by underscoring the widespread use of Delta 8 products, referencing a popular recipe for canna butter from a well-known cooking magazine, which could inadvertently implicate many home cooks in potential felony charges. The session underscored the complexities and potential repercussions of the proposed legislation, prompting further debate on the future of cannabis regulation in Nebraska.