LINCOLN — Nebraska hemp retailers, business owners, and consumers pushed back Thursday against proposed state regulations that would make food products illegal if they contain any amount of THC or THC derivatives.
The proposal, discussed during a public hearing, would apply to products such as gummies, drinks, and oral tinctures. Public response has been overwhelmingly opposed, with more than 490 written comments submitted against the changes and only three in support.
The proposed rule follows an executive order issued by Gov. Jim Pillen in January directing state agencies to review laws tied to synthetic THC in food and beverages. The order was intended to bring Nebraska into line with federal changes set to take effect in November 2026. Those federal rules would prohibit synthetic THC products and cap total THC in hemp products at 0.4 milligrams per container.
Opponents argued that Nebraska’s proposal goes further than the federal standard by creating a zero-THC requirement.
Andrew Bish, chief operating officer of Bish Enterprises, said the state rule would not simply mirror federal law.
“It is zero THC,” Bish said during the hearing. “It is not deferring to the federal government standard. It is, in fact, a different standard.”
Fifteen people testified at the hearing. Many urged the Nebraska Department of Agriculture to regulate the hemp and CBD market instead of adopting rules that could effectively remove many products from shelves.
Dr. Andrea Holmes, a chemistry professor at Doane University, called for a more measured approach focused on public safety and enforcement.
“I respectfully urge the department to pursue a balanced, science-based approach that protects public safety, targets specific problems, strengthens standards where necessary and holds bad actors accountable without unnecessarily eliminating access to products that many Nebraskans find valuable and beneficial,” Holmes said.
Several business owners stated that the proposed regulations would result in significant financial losses for Nebraska retailers and decrease state tax revenue.
A representative from The Cannabis Factory stated that the company paid more than $1 million in sales tax in 2025 and anticipates exceeding $1.3 million in 2026.
“We’re not opposed to regulation, or oversight, or even additional taxation,” the speaker said.
The Nebraska Department of Agriculture will now review the testimony and written comments before deciding whether to revise the proposal. If no changes are made, the regulations would move to the Nebraska Attorney General’s Office and then to the governor for final approval.
The proposal includes an exception for Nebraska’s medical cannabis laws. Products available through the state’s medical cannabis program would not be affected by the proposed food regulation.