Legalizing marijuana has been a longstanding controversial subject in the United States. Omaha criminal defense lawyer, Daniel Stockmann, stays current on marijuana laws and uses his knowledge to successfully guide clients facing drug charges in Nebraska. Despite the majority of the U.S. holding relaxed views about weed, conservative lawmakers in each state, including Nebraska, continue to push their anti-legalization agendas. Indiana is a great example of this pushback in recent news, but this time the controversy is over cannabidiol, or CBD. Recent raids on local grocery stores, convenience stores, and smoke shops by the Indiana State Excise Police have caused uproar due to misleading communication from government and law enforcement.
CBD Laws: What’s New in Indiana?
IndyStar published an article in September revealing the latest chaos in the Hoosier State. In April, a new CBD law - House Enrolled Act 1148 - was passed in order to legalize the use of CBD for treating epilepsy. CBD, a cannabis compound without the psychoactive effects of THC, has been shown to drastically improve the quality of life for people suffering from epileptic seizures. Under the new law, families in need of CBD would be able to possess the substance without fear of prosecution. Unfortunately, communication was seemingly unclear among government officials and law enforcement. The excise police of the state interpreted this new law to mean that people possessing CBD for any other purpose was illegal. This led to a massive 5-week raid across the state, with police confiscating nearly 3,500 CBD products from store owners who already had the legal right to sell them. According to reports from IndyStar, the Indiana State Police confirmed that CBD was removed from the state’s list of controlled substances back in 2014. Some convenience stores and smoke shops had been carrying a variety of these products for over a year with no issues.
Not only were different law enforcement branches of the state at odds with each other over the legality of these raids, this chaos has left Indiana citizens confused and upset. Parents of children suffering from epilepsy, who believed they were getting one step closer to more accessible treatment, have been disappointed yet again. Shop owners who were raided have lost profit and inventory in addition to having to turn away some of their loyal customers, most of which were purchasing CBD for severe health conditions. Even though the busts have stopped, debates ensue over who to blame for this misinterpreted information and the consequences dealt to the citizens of the state because of it.
CBD Controversy in Omaha
Indiana legislature has historically been against the legalization of medical and recreational marijuana. Indiana’s Attorney General Curtis Hill, a staunch opponent of legalized marijuana, has made it very clear that he believes marijuana is a dangerous substance and should not be made legal in the state, even for medical purposes. Because of this atmosphere, some government officials believed that simply passing this latest CBD law was a mighty success. But it’s not just Indiana that has its hesitations regarding CBD products.
Nebraska is also following suit with a recent memo issued by Nebraska’s Attorney General concerning CBD products in the Omaha metro. Along with the Nebraska State Patrol, the Attorney General’s Office clarified that possessing, manufacturing, or selling CBD products remains illegal based on the grounds that “...no drug products containing cannabidiol have received FDA approval.” In other words, law enforcement considers possessing CBD products a criminal violation in the same way they have criminalized marijuana possession. Many believe that there is a misunderstanding when it comes to CBD and its legality. Store owners say that their CBD products are not marijuana products but rather industrial hemp products, which they argue are perfectly legal.
Medical marijuana remains illegal in Nebraska, due in part to the state’s unicameral failing to vote on bill LB 622, which would have made medical marijuana available to patients suffering from certain medical conditions, one of which being epilepsy. Unfortunately, this leaves many families in Nebraska feeling the pain that Hoosiers feel in Indiana, realizing that access to a life changing medical treatment remains a challenge. Because of this apparent halt in the state’s journey toward legalization, Nebraska citizens should remain mindful and vigilant in their fight toward changing attitudes about marijuana and hemp products.
Contact Daniel Stockmann, Omaha Criminal Defense Lawyer
Many of Daniel Stockmann’s clients have successfully navigated their way through marijuana drug charges, due to his commitment to keeping up with changing marijuana - and now CBD - laws. As dedicated citizens continue the fight to legalize medical marijuana and open up access to CBD products, others can turn to Stockmann for help dealing with drug-related legal issues. If you or someone you know is in need of legal advice, please fill out the free case evaluation form on this page or call (402) 884-1031 today.
