by | Oct 19, 2021

In Nebraska you will find CBD Oil and other Marijuana extract products in various locations. Medical Marijuana is not currently legal in this state but the prevalence of these Marijuana extract products, which promise health benefits, begs the question: Are these products compensable under Nebraska Workers’ Compensation Act?

Marijuana and its extracts are illegal in Nebraska. Neb. Rev. Stat. § 28-405. There is an exception for CBD Oil in a drug if the drug is approved by the FDA.

To date, the FDA has only approved Epidiolex, a purified form of CBD, for the treatment of seizures associated with Lennox-Gastaut syndrome or Dravet Syndrome. No other CBD Oil substance is currently legal under Nebraska or Federal law. Neb. Rev. Stat. § 28-405; 21 USCA § 812.

However, this has not stopped many companies from producing CBD Oil products and marketing them as though they are legal and have positive health benefits. The FDA has published several warning letters to these companies regarding how their actions are in violation of several Federal laws and regulations. You can find those letters here.

Therefore, while there are some rare and limited exceptions, Medical Marijuana and CBD Oil are not currently compensable treatment options in Nebraska. Nebraska currently has a ballot initiative that is aiming to legalize Medical Marijuana in this state. If that happens, or if the FDA approves more CBD Oil products, this analysis might change.

If you have specific question about Medical Marijuana or CBD Oil, please call Paul Barta or Micah Hawker-Boehnke at 402-475-1075.