Sarpy County

 

Authorities Seize THC Products from Several Nebraska Dispensaries

We have written several previous articles focusing on the legality of the sale in Nebraska of products containing Delta-8 tetrahydrocannabinol (“Delta-8 THC”).   In the past, we have noted that there have been no enforcement actions by any governmental agency regarding these products.  However, on August 14, 2023, it was reported that several dispensaries in Sarpy County and Lancaster County had certain products and documents seized by law enforcement agencies.  A press release from the Lincoln Police Department stated that, based on independent testing of products purchased earlier this year, certain dispensaries were selling “statutorily prohibited substances.”  In addition, a Sarpy County Sheriff’s Office press release stated that certain products it tested earlier in the year contained products with THC levels in excess of 15%.  As of now, we understand no criminal charges have been filed.  

As a refresher, under the Nebraska Hemp Farming Act (the “Nebraska Hemp Act”), hemp is legal in Nebraska and removed from the Nebraska Controlled Substances Act (the “CSA”).  Hemp is defined as “the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (“Delta-9 THC”) concentration of not more than 0.3 % on a dry weight basis” (emphasis added).

A legal argument can be made that if hemp derivative products (such as those containing Delta-8 THC) do not contain Delta-9 THC in excess of 0.3% they are classified as hemp, and not illegal substances under the CSA.  Based on the information we have now, it’s unclear whether the products seized contained Delta-9 THC or Delta-8 THC.  If the latter, under the Nebraska Hemp Act, the THC quantity should have no bearing on the legality of the products.  

We will continue to follow this story and provide updates as they become available.  In the meantime, hemp product retailers should take all measures to ensure their products are legal under the Nebraska Hemp Act.  If you have any questions about Delta-8 THC or other cannabis issues, attorneys at Erickson | Sederstrom can assist you. Attorneys Shay Garvin or Andrew Collins can be reached at (402) 397-2200.

Partner Matt Quandt granted summary judgment in Sarpy County

Matt represented the City of Springfield, Nebraska regarding a single-vehicle injury accident that occurred within city limits. Plaintiff sued the City alleging:

  • Improper intersection control under the Manual on Uniform Traffic Control Devices;

  • Failing to reasonably place a “Stop” or “Yield” sign at the uncontrolled “T” intersection;

  • Failing to place visible traffic control devices at an intersection with inadequate sight distance (Clear Sight Triangle) for uncontrolled approaching vehicles;

  • Inadequate guidance for motorists approaching the uncontrolled “T” intersection;

  • In constructing a retaining wall in excess of six feet high when the Defendant knew, or in the exercise of reasonable care should have known that said retaining wall would be unreasonably dangerous and/or present a hazard for members of the public;

  • In constructing a retaining wall in excess of six feet high without providing a barrier at the top of said retaining wall to deter pedestrians, bikers and motorists from falling over the edge of the retaining wall when the Defendant knew or in the exercise of reasonable care should have known that said retaining wall would be unreasonably dangerous and/or present a hazard for members of the public;

  • In failing to warn members of the public of the existence of the retaining wall hazardous drop off in excess of six feet;

  • Violation of city ordinance regarding retaining wall height;

  • Failing to provide a forgiving roadside suitable for the safe recovery and control of errant vehicles leaving the street.

Plaintiff claimed over $135,000 in medical bills, past and future lost wages, and permanent injury and disability.

With the help of Creighton law clerk Ali Clark, Matt filed a Motion for Summary Judgment. They argued that the City has discretionary function immunity, the purpose of which is to "prevent judicial 'second-guessing' of legislative and administrative decision grounded in social, economic, and political policy through the medium of an action in tort," and that Plaintiff was the sole proximate cause of the accident. After full briefing and oral arguments, Hon. George A. Thompson agreed and held:

  • Defendant has sovereign immunity under the Political Subdivision Tort Claims Act; and

  • Defendant was not the proximate cause of the accident.

The District Court of Sarpy County granted Defendant’s Motion for Summary Judgment and dismissed Plaintiff’s Complaint with prejudice.

Erickson | Sederstrom’s experienced litigation group is well-versed in defending claims brought under the Political Subdivision Tort Claims Act. Don’t hesitate to contact us with any litigation needs.