Updated: Dec 1, 2021
People often describe the legal status of Delta 8 THC in Nebraska as a "loophole" - this is not the case. We are, in fact, following the exact letter of the law which restricts only Delta 9 THC content in hemp derived products. I like to emphasize this fact because, often, perception is reality. The reality is that what we do here at Greenlight is both federally legal and - so far - legal in Nebraska 100%. I feel strongly that calling it a loophole works to de-legitimize the efforts here in Omaha to normalize cannabis sales and adult recreational use.
The reason I decided to discuss this issue is as follows: we are rolling out Delta 9 THC products that are both legal in Nebraska and federally. And it is important for folks to understand that we can do this not due to a loophole - but because we are following the letter of the law as it was written. Now, I am about to dive into some math here so follow with me. The law states products derived from hemp can only have 0.3% Delta 9 THC. Within the Hemp industry this has always been somewhat of head scratcher because it begs the question: 0.3% of WHAT exactly? Well, as it turns out what we are concerned with is making sure we don't exceed 0.3% Delta 9 THC in the individual unit being sold - namely the weight of the unit. For example, if we have a single Edible Gummy that weighs 16 grams (which is not large at all, perhaps the size of a fun size candy bar) that would allow us to put as much as 30MG of Delta 9 THC in that gummy. Which is more than enough for full psychoactive effects, to be sure. You may still be wondering how this is all legal - so here is the math.
16 grams X .3% = .48 grams, which would be 48 milligrams. Presto - we now have completely legal Delta 9 THC even here in Omaha, Nebraska. No loopholes, no side-stepping the law - but following it exactly as it was written and passed by both houses of Congress and signed by President Trump in 2018.