Prosecutors have dismissed felony drug-dealing charges against a mother and her son who sold cannabidiol products in their Scottsbluff store, according to court records.
Scotts Bluff County Attorney Dave Eubanks filed paperwork to dismiss the cases against Heather Kaufman Beguin and Dreyson Beguin, who were arrested Dec. 14.
Court filings didn't explain the decision to dismiss the charges, and Eubanks didn't immediately respond to a request from the Journal Star for comment.
Eubanks, however, told the Omaha World-Herald that the Legislature needs to clarify the law and said it would be hard to get a guilty verdict from a jury because an increasing number of people support medical marijuana.
"We're not going to enforce it," Eubanks told the World-Herald. "It's technically illegal, but like I said, it's a situation that needs to be fixed by the Legislature, and I hope they'll do that."
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The Beguins opened their store, KB Natural Alternatives, the day before they were arrested.
Police had advised them that cannabidiol products were illegal in Nebraska, but the legality of the products remained a contentious debate.
Prior to her arrest, Kaufman Beguin said she realized there were risks in opening the shop but argued other stores in Omaha and Lincoln sold lotions containing cannabis oil.
The Scottsbluff arrests marked a rare crackdown in the debate over the legality of the substance.
Attorney General Doug Peterson has said he believes cannabidiol products marketed as health aids are barred by state and federal law because they're marijuana derivatives.
Sellers maintain the products are legal because the cannabidiol, commonly known as CBD, comes from hemp, a cousin to the marijuana plant but with higher amounts of CBD and much lower tetrahydrocannabinol, or THC, levels.
In Lincoln, CBD oils are sold at several locations, including CBD Remedies in University Place, CBD American Shaman at 27th Street and Cornhusker Highway, Red Clover Market at 55th Street and Old Cheney Road and Fresh Thyme Farmers Market at 52nd and O streets.