Judiciary Committee considers proposals to ban or regulate Delta 8

By Fred Knapp , Senior Reporter/Producer Nebraska Public Media

Jan. 29, 2025, 5 p.m. ·

Joseph Fraas, owner of G & G Smoke Shop, testifies Wednesday (Photo by Fred Knapp, Nebraska Public Media News)

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Whether to ban or regulate marijuana-like products such as Delta 8 was the subject of a hearing in the Legislature’s Judiciary Committee Wednesday.

Sen. Kathleen Kauth introduced a bill (LB316) to ban Delta 8 and similar products, supported by Attorney General Mike Hilgers who attended the hearing. Kauth made her intentions clear.

“These products are sincerely dangerous to people,” Kauth said. "These products are sold in many states exploiting misunderstandings in the law. The ability of manufacturers who constantly tweak the chemical composition of the substance and make something that is quote, unquote, new and not yet banned, has become a cat and mouse game between regulators and manufacturers. This bill will stop the influx of dangerous products masquerading as hemp and clean up the illegal marketplace that has developed."

Hilgers recounted stories of people winding up in emergency rooms, adding that dosages of the products are unregulated.

“Six to 10 milligrams of Delta 8 is enough to send my six year old son to the hospital -- he's little, maybe 20 milligrams. Senators, we found products being sold in the state of Nebraska that had 800 milligrams of Delta 8,” Hilgers said.

But Sen. Terrell McKinney said people also have adverse reactions to alcohol, and no one is proposing to ban that. He asked Hilgers if his opposition to Delta 8 is counterproductive.

“Do you think your fight against medical marijuana, the legalization of recreational marijuana, although about 70, maybe 70-plus percent of Nebraskans support the legalization of both, is pushing people to these alternatives and to the black market? Do you think that is causing this issue too?” he asked.

Hilgers did not relent.

“Certainly to the extent… that your point is, or your question is, or suggests maybe that maybe I should rethink my opposition medical marijuana, or marijuana generally, I mean, I think the answer for me would be no,” he said.

Kauth’s proposal drew a series of opponents, including Sarah Linden, owner of 24 Grateful Green and Generation V shops in Nebraska.

“Passing LB316 would ban 99% of the federally-legal products used by hundreds of thousands of Nebraskans to treat various medical conditions. This bill is devastating, not only for the consumers who rely on these products for relief, but also for our local economy,” she said.

Linden said a study found sales of the products contributed $139 million to the economy, including $65 million in wages, 1,600 jobs, and $7.7 million in sales taxes. And she asked the committee to support an alternative proposal, LB16 by Sen. John Cavanaugh, that would regulate sales.

“Rather than an all out ban on these products, we kindly request that you oppose this bill and support positive regulations such as LB16 that ensure the safety of consumers, while maintaining the revenue, jobs, wages and taxes derived from the Nebraska hemp industry,” she said.

LB16 would require sellers to be licensed by the state and would prohibit sales to people under age 21, as well as imposing labelling and packaging requirements.

Hilgers opposed that approach.

“Any vote to regulate Delta 8, to be very clear, is at first a vote to legalize,” he said.

Lorelle Mueting of Heartland Family Services supported an outright ban.

“I work in middle schools and high schools across the metro area. Students are using these products. There's no age limit. Anyone can go into these stores and purchase these products,” she said.

But Joseph Fraas, owner of G & G Smoke Shops in Lincoln and Omaha, said responsible store owners already impose their own age limits, and bans do not work.

“Bans do not stop the sale of these products," he said. "They are simply driven into a black market. Everyone that has wanted cannabis in Nebraska for the past 60 years has gotten it. In fact, past attempts at prohibition have actually raised usage rates, and we can see the cannabis usage rates have fallen after cannabis has been legalized across the US. Prohibition also has shown to make the market more dangerous. In a black market, these products will be sold by people who are not concerned with public safety, with no safety Out: guidelines and no law enforcement."

It will now be up to the committee to decide which approach, if any, to take to the subject in legislation to be considered by the full Legislature.