Nebraska's attorney general is fighting with delta-8 retailers on regulations: What to know

Marijuana is not legal for recreational use in Nebraska, but delta-8 products derived from hemp – a plant with low levels of the psychoactive compound found in marijuana – are still being sold across the state.

However, Nebraska Attorney General Mike Hilgers announced earlier this month that he was expanding his office's fight against "illegal or unlawful synthetic THC," sending cease and desist letters to more than 100 retailers in Omaha.

In those letters, Hilgers says many of the "THC-containing products" sold by the retailers "misrepresent the concentrations and types of THC contained within those products," according to a news release.

"This lack of proper labeling means that the stores are engaging in deceptive, unfair, and unsafe trade practices, and also engaging in illegal conduct," Hilgers' news release says.

Hilgers' office has also filed 15 lawsuits against retailers in Norfolk, claiming they violated the Consumer Protection Act and the Nebraska Pure Food Act. His office has settled 12 of the 15 lawsuits, while the remaining three are being "actively litigated," the news release says.

Joe Fraas, president of the Nebraska Healthy Alternatives Association and owner of smoke shops in Omaha and Lincoln, said Hilgers mischaracterized retailers as operating outside the law, the Omaha World-Herald reported.

"We are eager to be regulated," said Fraas, who added that a lack of rules has led to confusion among retailers.

Here's what you should know about delta-8 products in Nebraska.

What is delta-8 THC? Is it legal?

The term delta-8 THC refers to one of more than 100 chemical compounds found naturally in small amounts in cannabis plants, according to the Cleveland Clinic. It is psychoactive, which means it can get you high, but many users describe weaker effects than delta-9 THC, the main psychoactive compound in marijuana. Many delta-8 products are produced with concentrated amounts of the substance synthetically created in a lab.

In the 2018 Farm Bill, Congress legalized hemp, which it says can't be more than 0.3% delta-9 THC, opening a legal loophole that has led to the rise of delta-8 products, including gummies, vapes, tinctures, raw flower and more. None of the products are evaluated or approved by the Food and Drug Administration.

Nebraska legalized hemp in 2019 with the same condition that the concentration of delta-9 THC be less than 0.3%.

Why do some Nebraska officials want to ban delta-8 products?

Hilgers has called for legislation to outlaw delta-8 products since at least 2023, the Nebraska Examiner reported. He said during a recent press conference that delta-8 products have been tied to "all sorts of health issues," including poisonings, cardiovascular problems, mental health episodes and death.

"These retailers are selling unlawful products, and they're harming their community," he said.

The FDA says it received more than 100 reports of adverse events in patients who consumed delta-8 products between Dec. 1, 2020, and Feb. 28, 2022, including "hallucinations, vomiting, tremors, anxiety, dizziness, confusion and loss of consciousness."

A bill introduced in January by state Sen. Kathleen Kauth, a Republican from Omaha, would ban delta-8 products in Nebraska. A different bill introduced by state Sen. John Cavanaugh, a Democrat from Omaha, would create a "regulatory framework" for the sale of delta-8 and other hemp-derived products.

Have other states banned delta-8 products?

Thirteen states have outlawed delta-8 products, according to the Marijuana Policy Project, an organization "dedicated to legalizing cannabis" in the U.S. They are Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah and Washington.

Another seven states have either regulated or restricted it: Arizona, Arkansas, California, Connecticut, Kentucky, Mississippi, and Michigan.