A legislative proposal that would ban most consumable hemp and other THC products in Nebraska advanced Tuesday without amendments as opponents blocked changes.
Throughout a four-hour debate on Legislative Bill 316, from state Sen. Kathleen Kauth (R) of the Millard area, only a handful of senators spoke. That’s because of pointed opposition from state Sen. John Cavanaugh (D) of Omaha, who filed nearly 30 motions or amendments throughout the bill’s life, largely to push senators toward considering regulations instead of a ban.
LB 316 advanced 32–15 with 32 of the 33 Republicans voting for it and all 15 Democrats voting against. The Legislature’s one nonpartisan progressive was not in attendance.
State Sen. Dan McKeon (R) of Amherst, who was “present, not voting” on advancing the bill, said he did so to wait for possible future changes. He said he recently toured a consumable hemp shop in his district and has concerns about whether the bill could freeze those operations.
LB 316 would prohibit raw hemp above 0.3 percent tetrahydrocannabinol (THC) of any concentration and for processed hemp the lesser of 0.3 percent THC on a total weight basis or 10 milligrams per package, effective January 1. The mature stalks of Cannabis sativa and its fiber, oil, cake and any other naturally derived products would not be considered hemp, leaving a narrow legal path for some products such as fibers and textiles.
If the bill passed, it would include a “consumer safe harbor period” through the end of 2025 to give consumers time to discard any “illegal hemp” as newly defined under LB 316. Legal products would face an additional 10 percent wholesale tax at the time of purchase.
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