Nebraska Attorney General Mike Hilgers has renewed efforts to ban THC products derived from hemp, announcing new legislation at a press conference Thursday alongside State Sen. Kathleen Kauth of Omaha. The proposed bill, LB 316, seeks to prohibit hemp products in Nebraska containing more than 0.3% of any strain of THC. The measure aims to close a loophole unintentionally created in 2019 when lawmakers legalized hemp but did not regulate cannabinoids like Delta-8 THC, which has since led to the sale of high-inducing products statewide without oversight.
Hilgers emphasized that banning these products is necessary to address concerns over their production, labeling, health effects, and marketing practices. He also pledged to increase litigation against THC retailers if lawmakers fail to pass the bill, warning that this would result in higher costs for taxpayers and penalties for store owners. Hilgers has already filed 15 lawsuits against THC retailers and coordinated police raids targeting Delta-8 shops in 2023.
Kauth’s bill is a top legislative priority for Hilgers this session. It follows last year’s unsuccessful attempt to ban THC, which stalled in the Judiciary Committee. This year, the committee has a Republican majority and is chaired by Sen. Carolyn Bosn of Lincoln, a former prosecutor, potentially increasing the bill’s chances of success.
At the same time, Sen. John Cavanaugh of Omaha has introduced a competing proposal, LB 16, to regulate the consumable hemp market under Nebraska’s Liquor Control Commission. THC retailers argue that regulation, rather than an outright ban, would preserve the industry and prevent illegal THC use, given the products’ availability online and under federal law.
In addition to the THC ban, Hilgers highlighted upcoming legislation from Sen. Tonya Storer of Whitman to address mental health crises in rural areas. The proposal would establish a pilot program allowing rural law enforcement agencies to create temporary mental health spaces in existing facilities. These spaces would provide immediate care for individuals in crisis, reducing the burden on regional hospitals that often lack available beds. Storer clarified that patients would not be placed in jail cells but would receive care in a safe environment while awaiting further treatment.
These legislative efforts reflect the state’s ongoing challenges in addressing public health, safety, and regulatory oversight.
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