Spencer said Beguin did bring product to the police department. Beguin said she brought an isolate, which she says is the purest form of CBD offered for sale in her store, and a tincture, Spencer says he allowed Beguin to leave the department with the products she had brought in.

“I was surprised,” Beguin said. “I told him I thought they would confiscate it.”

Possession would be an “unarrestable infraction,” Spencer said, and he considered it an opportunity to meet with Beguin and inform her about the concerns about the law.

The Scottsbluff Police Department advised they would do follow up on the issue with the Attorney General’s Office and did so on Monday, Dec. 3. As a result of that follow up, Spencer said Sgt. Lance Kite contacted Kaufman and advised that based on the state of Nebraska statute, cannabidiol sales were illegal in the state of Nebraska and that should Beguin sell or possess cannabidiol oil, she could be charged criminally. Beguin says the officer advised her of the information, and as they debated the issue, she said he told her “do with that what you want.” However, she said, he also asked her to bring the product to the Police Department for destruction, which she refused.

Business owner’s position