28-476. Hemp; carry or transport; requirements; peace officer; powers; violation; penalty.
(1) Any person other than the Department of Agriculture, a cultivator, a processor-handler, or an approved testing facility who is transporting hemp shall carry with such hemp being transported (a) a bill of lading indicating the owner of the hemp, the point of origin of the hemp, and the destination of the hemp and (b) either a copy of the test results pertaining to such hemp or other documentation affirming that the hemp was produced in compliance with the federal Agriculture Improvement Act of 2018.
(2)(a) No person shall carry or transport hemp in this state unless such hemp is:
(i) Produced in compliance with:
(A) For hemp originating in this state, the requirements of the federal Agriculture Improvement Act of 2018 under the Nebraska Hemp Farming Act and any rules and regulations adopted and promulgated thereunder, a tribal hemp production plan approved by the United States Secretary of Agriculture, or the United States Department of Agriculture Domestic Hemp Production Plan; or
(B) For hemp originating outside this state, the requirements of the federal Agriculture Improvement Act of 2018; and
(ii) Carried or transported as provided in section 2-515 or subsection (1) of this section.
(b) No person shall transport hemp in this state concurrently with any other plant material that is not hemp.
(3)(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.
(4) In addition to any other penalties provided by law, including those imposed under the Nebraska Hemp Farming Act, any person who intentionally violates this section shall be guilty of a Class IV misdemeanor and fined not more than one thousand dollars.
(5) This section does not apply to a person transporting hemp products purchased at retail in small amounts for personal or household use and not intended for resale.
(6) For purposes of this section:
(a) Agriculture Improvement Act of 2018 has the same meaning as in section 2-503;
(b) Approved testing facility has the same meaning as in section 2-503;
(c) Cultivator has the same meaning as in section 2-503; and
(d) Processor-handler has the same meaning as in section 2-503.
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Cross References