Nebraska Dept. of Agriculture proposes ban on food and beverages containing any amount of THC

LINCOLN, Neb. — A public hearing Thursday drew strong opposition to proposed rules that would label food adulterated and illegal if it contains any amount of THC and its derivatives, potentially decimating Nebraska’s hemp and CBD industry.

The regulations would affect products like gummies, beverages and oral tinctures. Over 490 people wrote in opposition to the new regulations, while only three supported them.

The rule changes stem from an executive order issued by Gov. Jim Pillen in January requiring state agencies to review laws regarding the use of synthetic THC in food and beverages. The order was made to align with federal law coming in November 2026, which bans synthetic THC products and limits total THC concentrations in hemp products to not exceed 0.4 milligrams per container.

The proposed Nebraska rule goes beyond that federal standard.

“I would say it’d be similar other than it does say no THC. It is zero THC,” said Andrew Bish, chief operating officer of Bish Enterprises. “It’s not we are deferring to the federal government standard and aligning with the federal government standard. It is, in fact, a different standard.”

Fifteen speakers testified during the hearing, with many calling for the Department of Agriculture to regulate the industry rather than enforce outright bans.

“I respectfully urge the department to pursue a balanced science-based approach that protects public safety, targets specific problems, strengths and standards where necessary and holds bad actors accountable without unnecessarily eliminating access to products that may Nebraskans find valuable and beneficial,” said Dr. Andrea Holmes, a professor of chemistry at Doane University.

Many who testified were shop owners who said the regulations would result in major business losses and reduced state revenue.

“In 2025, we pay over $1 million in sales tax. We expect to be over $1.3 million in 2026,” one speaker from The Cannabis Factory said. “We’re not opposed to regulation, or oversight, or even additional taxation.”

The Department of Agriculture will review comments and decide if any changes need to be made. If not, the regulations go to the attorney general and the governor for approval.

The regulations include a carve out for the medical cannabis acts, meaning people with medical cannabis cards could get prescriptions that would not be affected by this proposed regulation change.

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