After a three-year legal battle, a CBD vape shop owner in Nebraska can smile after the state’s highest court reprieved her of drug charges. In 2017, the owner of DJ’s Vapes and her employee were charged with distributing felony drugs and conspiracy.
The CBD vape shop, which is about 56 kilometers, was raided two months after the state’s attorney general, General Doug Peterson, had declared CBD products illegal. According to the AG, CBD products had not been approved by the federal government’s regulatory bodies.
Back in 2018, a judge dismissed the allegations against Deborah due to lack of evidence. However, the state prosecutors filed the case a second time later in the same year. According to the Washington County Pilot-Tribune & Enterprise, the court dropped the case, but the reluctant prosecutors brought it up a third time.
From the supreme court’s final decision filed on September 25, 2020, the government did not show that the CBD products had any THC. The 7-0 ruling pointed out that the federal government had violated state law.
Noticeably, the court did not give a definite direction on how cases that involve CBD products should be prosecuted.
In 2019, Nebraska Hemp Farming Act was passed into law. The new law stated that CBD products containing THC amounts less than 0.3% should not be deemed controlled substances. However, the state of CBD in Nebraska is mostly vague, with many businesses in limbo.
Efforts to get the attorney general to comment on CBD products’ legality this year are yet to bear any fruit.
After the drug charges were dropped, Deborah S. Archer said that the road to justice was frustrating. The Herman based CBD vape shop owner confirms that she knew that she was right even before the charges came.