The Nebraska Supreme Court weighed in Friday on a three-year long controversy surrounding CBD as an illegal substance. The high court ruled to dismiss charges against the owners of a vape shop in the small town of Herman, NebraskaKETV NewsWatch 7 first introduced you to Deborah Archer in 2017. She purchased DJ’s Vapes and re-purposed it from a smoke shop to the only general store in Herman. She soon added groceries, medicine and CBD products to shelves. “I had people requesting to sell it, I told him that I was going to look into it, make sure it was something legal,” said Archer. “And I did some research on it and determined that the products that I was looking at were legal so I went ahead and brought them in.”Deborah and three others affiliated with the store were arrested and charged. The case was dismissed multiple times. Each court declared there was no evidence to prove the products Deborah was selling were psychoactive. At one point, an expert from Nebraska Medicine testified in court after analyzing the products to determine their properties.” did not find any trace of THC, which is the part that makes it illegal,” Archer said.The State Supreme Court agreed writing, “Our review of the record supports the contention of Archer and Russell that the CBD oil in question did not contain THC and did not have the same pharmacological effects as THC. Therefore, the state failed to establish that the CBD tested in this matter was a “controlled substance” under the Uniform Controlled Substances Act.” Archer has spent thousands on attorney fees. Her business also took a major hit after the investigation came to light in the small community. But Washington County continued to appeal the decisions bringing the case to the state’s high court. Washington County attorney Scott Vanderschaaf wanted the high court to rule on the confusion still surrounding CBD. “I don’t think it’s right to leave folks in basically in the dark in regards to what is illegal conduct and what is, you know, illegal conduct,” said Vanderschaaf.In the decision Friday, the Supreme Court declined to provide direction on how to prosecute cases involving CBD.In May 2019, LB 657 was enacted to clarify that products containing below 0.3% THC are not considered a controlled substance in the state of Nebraska.In a news release Friday, the Washington County Attorney’s Office said the case was “an attempt to understand the conflicting directives given to this office and to the public.”The Attorney’s Office said it has been worked on finding answers to help the public understand the “confusion surrounding CBD and CBD-related products.”According to the Attorney’s Office, it chose to file the specific type of appeal as it was the only way to get the information necessary to help with that understanding.The Attorney’s Office said it will not prosecute CBD or CBD related products because the Supreme Court “did not address the effect of the ‘Nebraska Hemp Farming Act’ concerning CBD or CBD-related products.”The news release said the Attorney’s Office will review its procedures when new information is available.
The Nebraska Supreme Court weighed in Friday on a three-year long controversy surrounding CBD as an illegal substance.
The high court ruled to dismiss charges against the owners of a vape shop in the small town of Herman, Nebraska
KETV NewsWatch 7 first introduced you to Deborah Archer in 2017. She purchased DJ’s Vapes and re-purposed it from a smoke shop to the only general store in Herman. She soon added groceries, medicine and CBD products to shelves.
“I had people requesting to sell it, I told him that I was going to look into it, make sure it was something legal,” said Archer. “And I did some research on it and determined that the products that I was looking at were legal so I went ahead and brought them in.”
Deborah and three others affiliated with the store were arrested and charged. The case was dismissed multiple times. Each court declared there was no evidence to prove the products Deborah was selling were psychoactive. At one point, an expert from Nebraska Medicine testified in court after analyzing the products to determine their properties.
“[The lab technician] did not find any trace of THC, which is the part that makes it illegal,” Archer said.
The State Supreme Court agreed writing, “Our review of the record supports the contention of Archer and Russell that the CBD oil in question did not contain THC and did not have the same pharmacological effects as THC. Therefore, the state failed to establish that the CBD tested in this matter was a “controlled substance” under the Uniform Controlled Substances Act.”
Archer has spent thousands on attorney fees. Her business also took a major hit after the investigation came to light in the small community. But Washington County continued to appeal the decisions bringing the case to the state’s high court.
Washington County attorney Scott Vanderschaaf wanted the high court to rule on the confusion still surrounding CBD.
“I don’t think it’s right to leave folks in basically in the dark in regards to what is illegal conduct and what is, you know, illegal conduct,” said Vanderschaaf.
In the decision Friday, the Supreme Court declined to provide direction on how to prosecute cases involving CBD.
In May 2019, LB 657 was enacted to clarify that products containing below 0.3% THC are not considered a controlled substance in the state of Nebraska.
In a news release Friday, the Washington County Attorney’s Office said the case was “an attempt to understand the conflicting directives given to this office and to the public.”
The Attorney’s Office said it has been worked on finding answers to help the public understand the “confusion surrounding CBD and CBD-related products.”
According to the Attorney’s Office, it chose to file the specific type of appeal as it was the only way to get the information necessary to help with that understanding.
The Attorney’s Office said it will not prosecute CBD or CBD related products because the Supreme Court “did not address the effect of the ‘Nebraska Hemp Farming Act’ concerning CBD or CBD-related products.”
The news release said the Attorney’s Office will review its procedures when new information is available.
Source link
English
Arabic
Chinese (Simplified)
Dutch
French
German
Italian
Portuguese
Russian
Spanish