Nebraska AG Mike Hilgers pitches crime package focused on consumer protection | Nebraska Examiner

LINCOLN — Under a crime-fighting package pitched Thursday by Attorney General Mike Hilgers, Nebraskans scammed out of money or property might have another way to recoup some of their losses by freezing the assets of alleged fraudsters.

Potential victims of sex trafficking or exploitation might have a clearer path to stop websites from profiting from posting their images or videos.

Local hemp growers would be regulated by the U.S. Department of Agriculture instead of the Nebraska Department of Agriculture.

And the sale of hemp-based delta-8, which often laces food items with THC, would be expressly outlawed.

“All of these have to do with protecting vulnerable Nebraskans, and, in particular, giving our office more tools to protect those who are exploited by bad actors,” Hilgers said.

Three bills from three senators

Hilgers said the three-bill package would be introduced in the coming days by State Sens. Carolyn Bosn of Lincoln, Christy Armemndariz of Omaha and Teresa Ibach of Sumner. None of the bills had yet been assigned a number, nor were they made available for independent review on Thursday.

Bosn, a former Lancaster County prosecutor, said her bill would create a process for the Nebraska Attorney General’s Office to ask a judge to freeze the financial assets of someone charged with fraud or deceptive trade practices.

Today, she said, Nebraska courts can’t prevent a person or business from spending ill-gotten gains until after a civil case is concluded.

Bosn and Hilgers said the bill might help Nebraskans fighting disreputable online sellers of iPhones or other products who failed to deliver purchases.

“This lets us get a subpoena, get the information that shows that you have the accounts … and then take that information and say … we’re making a formal request with the court,” Bosn said.

Armendariz proposes extending the state’s powers against trafficking online, nonconsensual sexual content beyond Nebraska’s borders. She said she wants to “take power away from traffickers and strengthen our ability to empower victims.” 

Hilgers said some adult and child victims of sex assault and others who were recorded without consent struggle to get out-of-state internet content providers to stop sharing such images and videos.

Armendariz’s bill, which Hilgers said also would strengthen the state’s other protections against human trafficking online, would make it easier to stop the distribution. 

Hemp changes

A third bill, being brought by Ibach, would shift responsibility for regulating hemp growers back to the federal government from the state. Ibach said she seeks the change because USDA is better equipped to oversee hemp growing, not because she wants to stop hemp from being grown.

“Those that already produce hemp in the state, this will not inhibit their ability to do that if they’re successful hemp farmers already,” she said. 

The other part of Ibach’s bill takes aim at delta-8, one of Hilgers’ top targets since the 2023 legislative session ended. He said the bill would clarify that products containing the hemp-based chemicals are illegal.

Today, he said, there is some confusion about whether selling such products is legal, and many stores sell products that look like junk food which are laced with THC. He said his chief reason for outlawing delta-8 is to keep people safe from potential harm.

The U.S. Food and Drug Administration has acknowledged hearing concerns about delta-8 products the FDA hasn’t approved that are being sold in dispensaries and vape shops, and concerns about some potentially harmful synthetics used in processing them. 

Some people have reported to the FDA instances of hallucinations, vomiting, anxiety and loss of consciousness after consuming some delta-8 THC products.

Local sellers of the items have defended themselves and their products from Hilgers’ accusations, saying that their products are safe and that what they sell is legal.

Ibach and Hilgers said they are not trying to restrict CBD-containing products that are legal under federal law. But Hilgers said he wants to get delta-8 THC products off store shelves in Nebraska. He said the law already prohibits selling the products but said it requires lawsuits to resolve.

“There are a lot of stores around the state, and … making sure that there is no uncertainty as to what the rules of the road are, I think, will help those retailers,” Hilgers said.