Telling the difference between legal hemp and marijuana is a problem Lancaster County Attorney Pat Condon said is not unique to Nebraska.On Monday, Condon confirmed his office will not move forward with possession of marijuana charges for four University of Nebraska football players.”We have held all those cases and have not charged any of those cases,” he said.Condon said that right now, there are questions the recently enacted Nebraska Hemp Farming Act, LB 657, never answered. The bill allows farmers to grow industrial hemp as a viable crop and also aligns state laws with federal laws, after industrial hemp was legalized in the 2018 farm bill.Once LB 657 became effective on May 30, Condon said proving an individual stopped by law enforcement officers actually has marijuana and not hemp boils down to one question:”How do we prove a substance is above or below that 0.3% THC cutoff?” Condon said.Condon said the four players in question — sophomore runningback Maurice Washington, freshman defensive back Myles Farmer, senior cornerback Jeremiah Stovall and freshman receiver Wan’Dale Robinson — will not be the only individuals affected. Some may wait months to hear if they face charges.”I think, on average, between our marijuana infraction and paraphernalia, maybe up to 1,000 or so cases a year that we prosecute here (in our county),” Condon said.LB 657 requires hemp grown in Nebraska to go through testing to determine whether crops contain less than 0.3% THC, the psychoactive ingredient in marijuana.One of the main concerns for both Condon and the Douglas County Attorney’s Office is implementing the right test to find out if police officers or sheriff’s deputies in fact discovered hemp or marijuana.Right now, there are no labs in the state of Nebraska that can test for THC percentage. Douglas County Deputy Attorney Jeff Lux, who handles narcotics cases for the office, said prosecutors are working closely with UNMC to achieve that goal.”I think we’re pretty close to being able to implement a validated procedure to test for 0.3% THC. I think we’re actually going to be ahead of the curve,” Lux said. Douglas County Attorney Don Kleine said that, even though LB 657 is in effect, state lawmakers have to establish rules, regulations and committees to oversee the sale and transportation of industrial hemp.Kleine also pointed out that, because these regulations still aren’t established, the state’s pilot program for hemp farming remains in effect, which means only 10 applicants in the entire state are licensed to farm hemp. Until the time when LB 657’s regulations are approved, Kleine said his office will continue prosecuting individuals for marijuana possession or for not having a license for hemp.Both Kleine and Condon agree that lawmakers need to flesh out the new rules on hemp. “I don’t disagree that there’s some issues or problems to be worked through here,” Kleine said.”We’re now going to, hopefully, try to work with those (state) senators in the upcoming session to kind of close this up a little bit,” Condon said.Both prosecutors said that, in the end, Nebraska’s rules and regulations on industrial hemp will need to comply with federal law set in place by the U.S. Department of Agriculture.When it comes to consequences for the Husker players, Condon said his office has up to 18 months from the time police cited the athletes, or anyone else, to actually file charges.”They’re not off the hook yet,” Condon said.
LANCASTER COUNTY, Neb. —
Telling the difference between legal hemp and marijuana is a problem Lancaster County Attorney Pat Condon said is not unique to Nebraska.
On Monday, Condon confirmed his office will not move forward with possession of marijuana charges for four University of Nebraska football players.
“We have held all those cases and have not charged any of those cases,” he said.
Condon said that right now, there are questions the recently enacted Nebraska Hemp Farming Act, LB 657, never answered.
The bill allows farmers to grow industrial hemp as a viable crop and also aligns state laws with federal laws, after industrial hemp was legalized in the 2018 farm bill.
Once LB 657 became effective on May 30, Condon said proving an individual stopped by law enforcement officers actually has marijuana and not hemp boils down to one question:
“How do we prove a substance is above or below that 0.3% THC cutoff?” Condon said.
Condon said the four players in question — sophomore runningback Maurice Washington, freshman defensive back Myles Farmer, senior cornerback Jeremiah Stovall and freshman receiver Wan’Dale Robinson — will not be the only individuals affected. Some may wait months to hear if they face charges.
“I think, on average, between our marijuana infraction and paraphernalia, maybe up to 1,000 or so cases a year that we prosecute here (in our county),” Condon said.
LB 657 requires hemp grown in Nebraska to go through testing to determine whether crops contain less than 0.3% THC, the psychoactive ingredient in marijuana.
One of the main concerns for both Condon and the Douglas County Attorney’s Office is implementing the right test to find out if police officers or sheriff’s deputies in fact discovered hemp or marijuana.
Right now, there are no labs in the state of Nebraska that can test for THC percentage. Douglas County Deputy Attorney Jeff Lux, who handles narcotics cases for the office, said prosecutors are working closely with UNMC to achieve that goal.
“I think we’re pretty close to being able to implement a validated procedure to test for 0.3% THC. I think we’re actually going to be ahead of the curve,” Lux said.
Douglas County Attorney Don Kleine said that, even though LB 657 is in effect, state lawmakers have to establish rules, regulations and committees to oversee the sale and transportation of industrial hemp.
Kleine also pointed out that, because these regulations still aren’t established, the state’s pilot program for hemp farming remains in effect, which means only 10 applicants in the entire state are licensed to farm hemp.
Until the time when LB 657’s regulations are approved, Kleine said his office will continue prosecuting individuals for marijuana possession or for not having a license for hemp.
Both Kleine and Condon agree that lawmakers need to flesh out the new rules on hemp.
“I don’t disagree that there’s some issues or problems to be worked through here,” Kleine said.
“We’re now going to, hopefully, try to work with those (state) senators in the upcoming session to kind of close this up a little bit,” Condon said.
Both prosecutors said that, in the end, Nebraska’s rules and regulations on industrial hemp will need to comply with federal law set in place by the U.S. Department of Agriculture.
When it comes to consequences for the Husker players, Condon said his office has up to 18 months from the time police cited the athletes, or anyone else, to actually file charges.
“They’re not off the hook yet,” Condon said.
