Nebraska Legislature debates LB 316 increasing felony charges for hemp-derived THC possession

During the Nebraska Legislature's recent session on May 27, 2025, lawmakers engaged in a critical discussion surrounding Legislative Bill 316 (LB 316), which proposes significant changes to the state's drug laws, particularly concerning hemp and THC regulations. The debate highlighted concerns about the potential increase in felony charges related to possession of substances that are currently legal.

One of the key points raised was the bill's implications for small businesses and the broader community. Lawmakers expressed worries that LB 316 could inadvertently criminalize possession of small amounts of THC, which is derived from hemp. Currently, possession of certain amounts of marijuana is treated less severely than possession of controlled substances, but the proposed changes could blur these lines, leading to harsher penalties for individuals who may not be aware of the legal distinctions.

Critics of the bill emphasized that increasing felony charges does not address the root causes of crime, such as substance use disorders and mental health issues. They argued that the legislature's focus on punitive measures fails to consider the need for comprehensive support systems, including mental health resources and substance use treatment. The budget passed earlier this year has already seen cuts to these essential services, raising concerns about the state's commitment to addressing the underlying issues that contribute to criminal behavior.

The discussion also touched on the broader trend within the legislature of increasing penalties and creating new felonies, with estimates suggesting that up to 14 new felonies could be introduced this session alone. This shift towards a more punitive approach has raised alarms among lawmakers who advocate for a more rehabilitative and supportive framework for addressing crime.

As the legislature continues to deliberate on LB 316, the implications of these changes will be closely watched by community members and advocates alike. The outcome of this bill could significantly impact how drug-related offenses are handled in Nebraska, potentially leading to more individuals facing felony charges for minor infractions. The ongoing debate underscores the need for a balanced approach that prioritizes public safety while also addressing the root causes of criminal behavior.