2019 Nebraska Revised Statutes
Chapter 2 - AGRICULTURE
2-503 Terms, defined.

2-503. Terms, defined.

For purposes of the Nebraska Hemp Farming Act:

(1) Broker means a person who engages or participates in the marketing of hemp by acting as an intermediary or negotiator between prospective buyers and sellers;

(2) Commercial sale means the sale of products in the stream of commerce, at retail, wholesale, and online;

(3) Commission means the Nebraska Hemp Commission;

(4) Cultivate or cultivating means planting, watering, growing, and harvesting a hemp plant or crop;

(5) Cultivator means a person who cultivates hemp;

(6) Department means the Department of Agriculture;

(7) Director means the Director of Agriculture or his or her designee;

(8) Federally defined THC level for hemp means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis as defined in section 10113 of the federal Agriculture Improvement Act of 2018, Public Law 115-334, as such section existed on January 1, 2019;

(9) GPS coordinates means latitude and longitude coordinates derived from a global positioning system;

(10) Handle or handling means possessing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. Handle or handling also includes possessing or storing hemp plants in a vehicle for any period of time other than during its actual transport from the premises of a person licensed to cultivate or process hemp to the premises of another licensed person. Handle or handling does not include possessing, storing, or transporting finished hemp products;

(11) 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;

(12) Licensee means an individual or a business entity possessing a license issued by the department under the Nebraska Hemp Farming Act to cultivate, handle, process, or broker hemp;

(13) Location ID means the unique identifier established by a licensee for each unique set of GPS coordinates where hemp is cultivated, handled, or processed;

(14) Nebraska heirloom cannabis plant or seed means a hemp plant or seed from the plant Cannabis sativa L. that possesses characteristics of a unique and specialized cannabis seed variety that is present in Nebraska or has been recognized as produced in Nebraska;

(15) Person means an individual, partnership, corporation, limited liability company, association, postsecondary institution, or other legal entity;

(16) Postsecondary institution means a postsecondary institution as defined in section 85-2403 that also meets the requirements of 20 U.S.C. 1001, as such section existed on January 1, 2019;

(17) Process or processing means converting hemp into a marketable form;

(18) Processor-handler means a person who handles or processes hemp;

(19) Site means an area defined by the same legal description in a field, greenhouse, or other outdoor area or indoor structure;

(20) Testing facility means a testing facility approved by the department; and

(21) THC means tetrahydrocannabinol.

Source

• Laws 2019, LB657, § 3.
• Operative Date: May 31, 2019

Cross References

• Uniform Controlled Substances Act, see section 28-401.01.