OMAHA, Neb. (WOWT)– CBD shop owners are being arrested in Nebraska but charges are being dropped by prosecutors due to the questionable legality surrounding the hemp plant.
Douglas County Attorney Don Kleine sheds light on the grey area.
â€śItâ€™s not illegal as long as there is no more than .3% THC within that CBD oil,â€ť said Kleine.
Kleine assures that they are prosecuting marijuana because that is illegal but CBD oil doesnâ€™t qualify under marijuana. This is why Douglas County isnâ€™t prosecuting CBD oil.
What you buy at the shops must be within the legal limit.
â€śThere is testing available for that, itâ€™s just not here yet in Nebraska,â€ť said Kleine.
American Shaman, a CBD wellness shop tells 6 News they have their products third party tested to avoid legal issues. According to the owner, Johnny Queen, they have their test results available for customers to look through.
â€śBecause if it was in-house tested, you still have to be careful. Right. So, a third party is not me saying it. Itâ€™s not American Shaman saying it. It is proverde, which is our tester,â€ť said Queen.
As long as consumers and sellers are aware of what is in CBD products, theyâ€™re within their legal rights to have it.
â€śI look at my report here, right at the top says THC .02%, so I know whatâ€™s in my product.
Sarpy Countyâ€™s Attorney will be deciding whether or not to prosecute on a case by case basis.