This section defines key hemp-related terms for the Nebraska Hemp Farming Act.
For purposes of the Nebraska Hemp Farming Act: (1) Agriculture Improvement Act of 2018 means section 10113 of the federal Agriculture Improvement Act of 2018, Public Law 115-334, and any regulations adopted and promulgated under such section, as such section, act, and regulations existed on January 1, 2024; (2) Cultivate or cultivating means planting, watering, growing, and harvesting a hemp plant or crop. The presence of plants of the plant Cannabis sativa L. growing as uncultivated, naturalized plants in the environment is not cultivating hemp for purposes of the Nebraska Hemp Farming Act; (3) Hemp means the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp shall be considered an agricultural commodity. Notwithstanding any other provision of law, hemp shall not be considered a controlled substance under the Uniform Controlled Substances Act; (4) Person means an individual, partnership, corporation, limited liability company, association, postsecondary institution, or other legal entity; (5) State-program-licensed hemp producer means a person licensed under a USDA-approved state or tribal program as authorized under the Agriculture Improvement Act of 2018 and includes the authorized employees or agents of such person; (6) USDA means the United States Department of Agriculture; and (7) USDA-licensed hemp producer means a person licensed by the USDA to produce hemp as provided in 7 C.F.R. part 990, subpart C, as such regulations existed on January 1, 2024, and includes the authorized employees or agents of such person. History: Laws 2019, LB657, § 3; Laws 2020, LB1152, § 1; Laws 2024, LB262, § 2.