LINCOLN – A prosecutor has warned a Bellevue store to withdraw all cannabidiols, or CBD, products from the shelves or risk volts.
Sarpy County Attorney Lee Polikov served a termination and desist letter on the CBD American Shaman Shop Friday. The letter gave American Shaman and owner, Jeff Queen, two weeks to comply.
Wednesday, Polikov said that the products sold at the Galvin Road store are illegal under the Nebraska law, which prohibits "all parts" of the cannabis plant.
"I do not take responsibility for how the unicameral words of their laws," he said as he noted, "It can be resolved. Legislature can change it."
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Polikov's position is consistent with lawyer Doug Peterson, who sent notes to law enforcement and prosecutors in 2017 and again in September.
Peterson said that the state law prohibits the use of any form of marijuana, including the CBD, which makes it illegal to own, distribute, produce or dispense such products.
The only exceptions, he said, are for a four-year study by the University of Nebraska Medical Center approved by the Nebraska lawyer in 2015 and for a prescription version of the CBD oil approved by the Federal Food and Drug Administration in June. The prescription product, Epidiolex, was approved for the treatment of two rare and severe seizures.
Polikov's letter is the last move in a growing battle of CBD products – and medical marijuana in general – in Nebraska.
CBD comes from hemp, a fat of marijuana plant that is low in tetrahydrocannabinol, or THC, the chemical that produces marijuana is high. State and federal law defines hemp as less than 0.3 percent THC.
An increasing number of stores in Nebraska sell CBD products as health and wellness aids similar to supplements. Products include pills, gums, weapons water, oils, lotions and more. There are even some pet products.
Stores in Omaha and Lincoln have operated for more than a year with no problems. But the Scottsbluff police arrested a mother and son on December 14 the day after they opened KB Natural Alternatives and started offering CBD products.
Queen, who opened the Bellevue store three months ago, said the company's lawyers have assured him that he is on a strong legal basis because his products are hemp-based and have low THC.
That reason, Queen believes, became more solid Thursday after President Donald Trump signed the agricultural bill for 2018, which, among other things, separates hemp from marijuana and produces It is legal under federal law to grow and sell.
Although states can still regulate cultivation, he said that they do not violate the Trade Act by prohibiting the transport or import of hemp-based products from other states.
This report contains material from the World-Herald News Service.