Last month, Nebraska Attorney General Mike Hilgers escalated the state’s hemp enforcement efforts by issuing cease-and-desist letters to more than 100 retail locations in the Omaha metro area. Joint investigations conducted by the Douglas County Sheriff’s Office and the Nebraska Attorney General’s Office revealed that products marketed as being hemp-based often contained Delta-9 THC concentrations exceeding legal limits, effectively classifying them as marijuana under Nebraska law.
Each retail location was required to sign and return a voluntary compliance agreement confirming the removal of non-compliant products. The Attorney General warned that non-compliance could result in litigation and severe penalties, including potential loss of tobacco licenses.
Synthetic THC Products Targeted by Nebraska’s Hemp Regulation Campaign
Since 2023, the Nebraska Attorney General’s Office has taken a firm stance against the sale of certain hemp-derived products, particularly those containing synthetically produced THC. The campaign aims to “clean up the illegal marketplace that has developed in Nebraska” and protect consumers from deceptive and unsafe trade practices associated with improper labeling of these products.
However, the state’s heavy-handed and broad approach to enforcement has created uncertainty for hemp operators, who are unsure whether their current formulations or labeling practices meet state requirements. As a result, retailers and manufacturers of Delta-8 and Delta-9 THC products are facing increasing compliance risk.
Nebraska’s Hemp Policy Reflects National Enforcement Trends
Nebraska’s escalating hemp enforcement posture reflects a broader national trend of crackdowns on hemp-derived intoxicants. States like Florida have recently proposed or enacted laws to restrict or ban intoxicating hemp-derived cannabinoids such as Delta-8, Delta-10, and high-potency Delta-9 THC edibles. Retailers across the country are now dealing with state-level bans, patchwork laws, and heightened scrutiny of cannabinoid content, labeling, and product safety.
