Nebraska Moves to Bar Food and Drinks Containing Any Amount of THC
Photo: Nanilluc / Wikimedia Commons (CC BY-SA 4.0)
Nebraska regulators have proposed treating any food or beverage that contains THC, its acidic precursor THCA, or synthetic analogues such as delta-8, delta-9, HHC, and THC-O as adulterated under state food-safety law, a designation that would make those products illegal to sell. The proposed rule, heard at a June 18 public hearing, reaches gummies, beverages, and oral tinctures, and would allow no THC at all, a stricter line than the federal cap taking effect in November. It is not final.
The proposed rule follows a January 2026 executive order from Governor Jim Pillen directing state agencies to review rules on synthetic THC in food and beverages. The order was intended to align Nebraska with the federal redefinition of hemp that takes effect November 12, 2026. That federal change caps total THC at 0.4 milligrams per container, while the Nebraska rule would allow no THC at all.
The rule defines food to include edible gummies and tinctures intended for human consumption, and includes an exception for products specifically authorized under Nebraska's Medical Cannabis Patient Protection Act and Medical Cannabis Regulation Act, so products dispensed through the voter-approved medical cannabis program would not be affected. Opposition at the June 18 hearing was heavy, with more than 490 written comments against the rule and three in support. Fifteen people testified, with many urging the department to regulate the market rather than remove products from shelves.
The rule is not final. The Department of Agriculture will review the comments and decide whether to revise the proposal. If it does not, the regulations move to the Nebraska Attorney General and then to the governor for approval. State Senator John Cavanaugh has filed a complaint questioning the department's authority to issue the rule, arguing it follows the governor's order rather than statute.
The proposed rule would classify hemp-derived food and beverage products that contain THC, its acidic precursor THCA, or synthetic analogues such as delta-8 and delta-9, including gummies, drinks, and oral tinctures, as adulterated under the Nebraska Pure Food Act, making them illegal to sell in the state. The rule would apply to any amount of those substances, a stricter threshold than the federal limit of 0.4 milligrams per container. Products dispensed through Nebraska's medical cannabis program are excluded. The rule is not yet in effect and requires review by the Department of Agriculture, the Attorney General, and the governor before it could be adopted.