THE CONFUSION COMES FROM OTHER PROSECUTORS ACROSS THE STATE. WHILE STATE AND COUN PROSECUTORS DEBATE THE GRAY AREA THEY SEE IN NEBRASKA’S NEW HEMP LAW, THE FEDS AT THE DRUG ENFORCEMENT ADMINISTRATION SAY THEY WON’T TAKE ANYONE TO COURT WHO SELLS OR USES HEMP PRODUCTS, LIKE CBD, AS LONG AS THOSE PRODUCTS HAVE JUST A TRACE OF THC. >> IF IT’S LESS THAN 0.3%, IT’S CONSIDERED HEMP, AND THE BYPRODUCTS OF THAT HEMP ARE LEGAL NATIONALLY. DALAUN: OMAHA’S NEWS LEADER FOLLOWED THE CASE OF DEBORAH ARCHER. THE WASHINGTON COUNTY WOMAN HAS BEEN CHARGED THREE TIMES FOR SELLING CBD. EACH TIME, JUDGES DROPPED THE CHARGE COUNTY PROSECUTORS, HOWEVER, HAVE APPEALED THE DECISION. FRIDAY, GOVERNOR RICKETTS AGAI SAYS LOCAL LAW ENFORCEMENT MIGHT INTERPRET THE STATEWIDE LAW DIFFERENTL GOV. RICKETTS: IT’S ACTUALLY THE LOCAL COUNTY PROSECUTORS THA ACTUALLY HAVE TO MAKE THE CASE, AND SO, IT’S GOING TO BE DEPENDING ON THE COUNTY PROSECUTOR TO DETERMINE WHAT THE CASE IS AGAINST SOMEBODY WHO THEY THINK MIGHT BE VIOLATING THE LAW AND MAKE THAT CASE. DALAUN: WHILE THE DEA HAS MADE ITS STANCE CLEAR, GOVERNOR RICKETTS WANTS AN ANSWER FROM A DIFFERENT FEDERAL AGENCY — THE DEPARTMENT OF AGRICULTUR GOV. RICKETTS: IT’S REALLY INCUMBENT UPON THE USDA TO PUBLISH THEIR REGULATIONS WITH REGARD TO HEMP. THAT WILL REALLY TAKE CARE OF A LOT OF THIS IN REGARD TO THE STATE OF NEBRASKA. UNLESS YOU HAVE THAT PERMIT, IT’S STILL NOT LEGAL TO GROW OR PROCESS HEMP IN OUR STATE. DALAUN: WE WANTED AN ANSWER ON THE STATE LAW FROM THE STATE’S CHIEF LAW ENFORCEMENT OFFICER, BUT COUNTLESS CALLS TO NEBRASKA ATTORNEY GENERAL DOUG PETERSON’S OFFICE ABOUT CBD AND HEMP HAVE GONE UNANSWERE SO LAST WEEK, WE FOUND HIM IN THE CAPITOL HALL >> THERE WILL BE A TIME WHEN I WILL SPEAK ON IT, BUT IT’S NOT TODAY. MICHELLE: WHY IS IT NOT NOW? >> BECAUSE IT’S AN INVOLVED TOPIC, O DALAUN: WE WILL CONTINUE REACHING OUT TO ATTORNEY GENERAL PETERSON FOR COMMENT. IF AND WHEN WE HEAR BACK
EXCLUSIVE: Omaha division of the Drug Enforcement Administration says it is not prosecuting CBD, hemp sellers or dealers
Updated: 10:26 PM CDT Aug 30, 2019
State and county prosecutors continue to debate the gray area they see in Nebraska’s new hemp law. The feds at the Omaha division of the Drug Enforcement Administration however say they won’t take anyone to court who sells or uses hemp products, like CBD as long as those products have just a trace of THC. “If its less than .3 percent, it’s considered hemp and the byproducts of that hemp are legal nationally,” said DEA Special Agent in Charge Richard Salter. Omaha’s news leader has continued to follow the case of Deborah Archer, the Washington County woman has been charged three times for selling CBD.Each time, judges dropped the charges, county prosecutors however have appealed the decision.Friday, Governor Ricketts again tell KETV local law enforcement might interpret the statewide law differently.“It’s actually the local county prosecutors that have to make the case,” Ricketts said. “So it’s going to depend on the county prosecutor to determine what the case is against somebody they think might be violating the law and make that case.”While the DEA has made it’s stance clear, Ricketts wants an answer from a different federal agency, the Department of Agriculture. “It’s really incumbent upon the USDA to publish their regulations with regard to hemp,” Ricketts added. “That will really take care a lot of this regarding the state of Nebraska. Unless you have that permit it’s still not legal to grow or process hemp in our state.”We wanted an answer on the state law from Nebraska’s chief law enforcement officer. However, countless calls to Nebraska Attorney General Doug Peterson’s office about CBD and hemp have gone unanswered. Last week KETV Newswatch 7’s Michelle Bandur found Peterson in the state Capitol halls and pressed the attorney for answers, he declined to comment.”There will be a time I speak on it, but it’s not today,” Peterson added, “It’s an involved topic.”KETV Newswatch 7 reached out to Peterson’s office Friday, we still haven’t received hear back.
OMAHA, Neb. —
State and county prosecutors continue to debate the gray area they see in Nebraska’s new hemp law. The feds at the Omaha division of the Drug Enforcement Administration however say they won’t take anyone to court who sells or uses hemp products, like CBD as long as those products have just a trace of THC.
“If its less than .3 percent, it’s considered hemp and the byproducts of that hemp are legal nationally,” said DEA Special Agent in Charge Richard Salter.
Omaha’s news leader has continued to follow the case of Deborah Archer, the Washington County woman has been charged three times for selling CBD.
Each time, judges dropped the charges, county prosecutors however have appealed the decision.
Friday, Governor Ricketts again tell KETV local law enforcement might interpret the statewide law differently.
“It’s actually the local county prosecutors that have to make the case,” Ricketts said. “So it’s going to depend on the county prosecutor to determine what the case is against somebody they think might be violating the law and make that case.”
While the DEA has made it’s stance clear, Ricketts wants an answer from a different federal agency, the Department of Agriculture.
“It’s really incumbent upon the USDA to publish their regulations with regard to hemp,” Ricketts added. “That will really take care a lot of this regarding the state of Nebraska. Unless you have that permit it’s still not legal to grow or process hemp in our state.”
We wanted an answer on the state law from Nebraska’s chief law enforcement officer. However, countless calls to Nebraska Attorney General Doug Peterson’s office about CBD and hemp have gone unanswered.
Last week KETV Newswatch 7’s Michelle Bandur found Peterson in the state Capitol halls and pressed the attorney for answers, he declined to comment.
“There will be a time I speak on it, but it’s not today,” Peterson added, “It’s an involved topic.”
KETV Newswatch 7 reached out to Peterson’s office Friday, we still haven’t received hear back.
