28-476. Hemp; carry or transport; requirements; peace officer; powers; violation; penalty.

(1) No person shall carry or transport hemp in this state unless such hemp is:

(a) Produced in compliance with the requirements of the Agriculture Improvement Act of 2018, as such act is defined in section 2-503; and

(b) Carried or transported as provided in section 2-515.

(2)(a) A peace officer may detain any person carrying or transporting hemp in this state if such person does not provide the documentation required by this section and section 2-515. Unless the peace officer has probable cause to believe the hemp is, or is being carried or transported with, marijuana or any other controlled substance, the peace officer shall immediately release the hemp and the person carrying or transporting such hemp upon production of such documentation.

(b) The failure of a person detained as described in this subsection to produce documentation required by this section shall constitute probable cause to believe the hemp may be marijuana or another controlled substance. In such case, a peace officer may collect such hemp for testing to determine the delta-9 tetrahydrocannabinol concentration in the hemp, and, if the peace officer has probable cause to believe the person detained is carrying or transporting marijuana or any other controlled substance in violation of state or federal law, the peace officer may seize and impound the hemp or marijuana or other controlled substance and arrest such person.

(c) This subsection does not limit or restrict in any way the power of a peace officer to enforce violations of the Uniform Controlled Substances Act and federal law regulating marijuana and other controlled substances.

(3) In addition to any other penalties provided by law, any person who intentionally violates this section shall be guilty of a Class IV misdemeanor and fined not more than one thousand dollars.

Source:Laws 2020, LB1152, § 16; Laws 2024, LB262, § 22.
Operative Date: January 1, 2025

Cross References