EXCLUSIVE: ‘It’s really up to prosecutors,’ governor’s take on CBD confusion – KETV Omaha

Gov. Pete Ricketts offers his take on the confusion over selling cannabidiol products.Some local county attorneys are prosecuting business owners and employees, while others refuse to file charges.”If you’ve got over 0.3 percent THC content and that would qualify as being illegal because it would have too much of that drug that is illegal here in our state,” Ricketts said.The Nebraska Hemp Law states that is the legal limit for THC. That is the chemical that can produce a “high.” The owner of DJ Vapes in Herman, Nebraska, says she was following the law at her store. Washington County Attorney, Scott Vanderschaaf believes otherwise. Judges dismissed her and her employees’ felony charges three times.Douglas County Attorney Don Kleine won’t file any charges.”No, I will absolutely not prosecute,” Kleine said.Gov. Ricketts said he understands there is frustration with the inconsistencies.”That’s where you need to work with your local officials to decide what’s appropriate. Obviously, that’s going to be dependent on where you live,” Ricketts said.The Nebraska State Patrol also has questions for county attorneys. It sent a letter to prosecutors saying its lab currently cannot tell the difference between marijuana and hemp and cannot test the level of THC. Ricketts said they are working on certifying equipment.”This is just part of what we have to work through as a state given what other states are doing and making sure we have the testing facilities to be able to do what we need to do in prosecuting marijuana which is still illegal,” he said. Ricketts also said he would defer to attorney general Doug Peterson. Peterson sent a memo in December calling CBD a controlled substance. He has not responded to KETV for comment.

Gov. Pete Ricketts offers his take on the confusion over selling cannabidiol products.

Some local county attorneys are prosecuting business owners and employees, while others refuse to file charges.

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“If you’ve got over 0.3 percent THC content and that would qualify as being illegal because it would have too much of that drug that is illegal here in our state,” Ricketts said.

The Nebraska Hemp Law states that is the legal limit for THC. That is the chemical that can produce a “high.”

The owner of DJ Vapes in Herman, Nebraska, says she was following the law at her store. Washington County Attorney, Scott Vanderschaaf believes otherwise. Judges dismissed her and her employees’ felony charges three times.

Douglas County Attorney Don Kleine won’t file any charges.

“No, I will absolutely not prosecute,” Kleine said.

Gov. Ricketts said he understands there is frustration with the inconsistencies.

“That’s where you need to work with your local officials to decide what’s appropriate. Obviously, that’s going to be dependent on where you live,” Ricketts said.

The Nebraska State Patrol also has questions for county attorneys. It sent a letter to prosecutors saying its lab currently cannot tell the difference between marijuana and hemp and cannot test the level of THC. Ricketts said they are working on certifying equipment.

“This is just part of what we have to work through as a state given what other states are doing and making sure we have the testing facilities to be able to do what we need to do in prosecuting marijuana which is still illegal,” he said.

Ricketts also said he would defer to attorney general Doug Peterson. Peterson sent a memo in December calling CBD a controlled substance. He has not responded to KETV for comment.

Source: https://www.ketv.com/article/exclusive-its-really-up-to-prosecutors-governors-take-on-cbd-confusion/28682041

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