Nebraska AG Continues Misguided THC Enforcement | Cannabis Law Report | Where to order Skittles Moonrock online

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Editor’s note – This article was written by Kight Law attorney Amber Lengacher.

Last week, Nebraska Attorney General (AG) Hilgers sent cease and desist letters to 82 Lincoln stores selling “THC-containing products”. According to an Office press release, “[t]o date, the Attorney General’s Office has sent cease & desist letters to 204 stores alleging violations of the Consumer Protection Act (Unfairness), Consumer Protection Act (Deception), Uniform Deceptive Trade Practices Act, and Nebraska Pure Food Act.”

The release goes on to detail purchases made by the AG’s office and local law enforcement from stores owned by 39 different companies, each of which purportedly had at least one product marketed as hemp “which actually had a delta-9 concentration over the legal limit, making it marijuana”. Allegedly, over 90% of the products also had labels that incorrectly identified the contents of the package.

The AG stated that many of the THC-containing products misrepresented concentrations/types of THC and that lack of proper labeling amounted to deceptive, unfair, and unsafe trade practices, as well as the sale of controlled substances. According to the release, many of the stores that were cited have tobacco licenses and the AG believes that selling these synthetically produced THC-containing products could put their tobacco licenses at risk.

Businesses were asked to immediately cease all sales of THC-containing products to Nebraska consumers to avoid litigation. Each store was also asked to return a signed document to the AG’s Office indicating their Assurance of Voluntary Compliance. If the form is not returned, the AG’s Office stated they will initiate litigation.

Here are a few words from AG Mike Hilgers: “Our office’s testing showed that nearly every one of these products were mislabeled. This industry has shown itself to be completely irresponsible. It operates without regard to the health or safety of Nebraskans by selling these poisonous and mislabeled products into the Capital City.”

Is the industry irresponsible? Or has Nebraska’s undying commitment to cannabis prohibition resulted in savvy business owners meeting a large consumer demand in unprecedented ways? Our office recently submitted a request under the Freedom of Information Act (FOIA) to understand more about the AG’s investigations here.

Until we get more clarity, it’s fair to say that the AG’s action is likely a response to the lack of legislative and regulatory guidance surrounding THC products in the State of Nebraska. The legislature considered LB 316 in the 2025 legislative session, which some advocates said would have banned most hemp products altogether. That bill did not pass before the end of Spring session in Nebraska. Also dead in the 2025 legislative session is a bill that would have implemented the voter-approved medical cannabis program in Nebraska. Instead of establishing legislative guardrails for that program, a Commission is now being established to initiate the medical cannabis program without legislative oversight.

THC prohibition doesn’t eliminate consumer demand; it just creates workarounds. It’s time for the law to catch up to American society today.

If AG Hilgers truly wants to protect public safety, he should work with the legislature to pass a combined cannabis and hemp product bill that regulates all cannabinoid products as to product quality and testing, while limiting access to minors’ unless medically necessary and requiring transparent packaging and labeling. These three pillars will help to end cannabis prohibition, while protecting public safety and allowing all cannabinoid industries to continue flourishing.

June 24, 2025