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Dist. 40 R eport
Dist. 40 Report
The question of whether Delta-8 and similar hemp-derived products should be legal here in the topic of debate last week.
The federal 2018 Farm Bill legalized hemp production with 0.3% or less Delta-9 THC, but other compounds like Delta-8 THC and Delta-10 THC were not limited.
The result has been the rapid rise of vape and smoke shops offering for sale Delta-8, Delta-10, and similar hemp-derived products across the state. While some establishments comply with the federal law, others use the Delta-8 or Delta-10 label to bypass Nebraska law to sell marijuana or other controlled substances.
This year saw two competing proposals for how to deal with hemp-derived products.
LB16 by Sen. John Cavanaugh would create a regulatory framework for the sale and marketing of consumable hemp-derived products. LB316 by Sen. Kauth would ban certain derivatives of the hemp plant, such as Delta-8 that exceed the 0.3% threshold established by federal law.
The Judiciary Committee heard both bills at a public hearing and ultimately decided to advance LB316 for floor debate.
Those opposing LB316 argued the bill would result in more people being arrested for the crime of possessing marijuana, resulting in misdemeanor or felony charges. Supporters pointed out that 21 states, including every neighboring state, have banned the synthesis of Delta 8 from hemp. States have done so largely due to concerns that hemp-derived THC undermines both legal medical and recreational marijuana programs. Nebraska voters passed a medical marijuana law via the ballot initiative process last November which is set to take full effect later this year. After debate, LB316 was advanced to Select File by a 33 to 13 vote.
The Legislature also considered a bill by Sen. Clements which would make further cuts to Nebraska’s inheritance tax.
LB468, as advanced by the Revenue Committee, would increase the exemption for children from $100,000 to $150,000 while keeping the inheritance tax rate at 1%.
Extended family and non-related people would see their inheritance tax rates drop from 11% and 15% respectively to 3%.
To make up for the lost revenue for counties, a number of fees and taxes collected by the counties would be increased to reflect the actual cost of providing services.
LB468 was advanced to Select File by a 27 to 10 vote following a lengthy debate.
I voted in support because Nebraska needs to get closer to being in line with the 45 states that do not have an inheritance tax.
Senators also debated LB530, a Judiciary Committee priority bills, intended to address a number of public safety concerns. LB530 contains multiple bills, including: LB6 by Sen. Bosn which enhances criminal penalties for the distribution of drugs like fentanyl resulting in the death or serious bodily injury to another person; LB124 by Sen. Holdcroft which harmonizes the penalty for motor vehicle homicide of an unborn child while driving under the influence to match the increased penalty for motor vehicle homicide while driving under the influence; LB395, my bill, which closes a loophole which allows prohibited juveniles with sealed records from being able to purchase firearms or firearm-related permits; and LB556 by Sen. Riepe which lowers the age juveniles can be detained at a secure youth confinement facility from 13 years old to 11.
The portions of LB556 contained in LB530 was the center of considerable debate over the course of three days.
Supporters pointed to cases in Omaha where there has been a sigkand 12-year-olds being arrested for violent crimes.
Opponents countered those young juvenile offenders should not be subject to detainment and should instead be given therapy and treatment.
After an agreement was reached for further negotiations prior to Select File debate, LB530 was advanced to the second stage of consideration by a 33 to 0 vote.
