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is marijuana legal in nebraska

LEARN | LAWS & REGULATIONS

Nebraska

Is weed legal in Nebraska?

No. Both medical and adult-use marijuana have been illegal in Nebraska since 1927.

A first offense of possession of 1 ounce or less of cannabis is considered an infraction , punishable by a fine of up to $300 and an order to attend a drug-abuse education course. Larger amounts or subsequent offenses can incur more severe penalties.

Legislative history

In the early 1900s, marijuana prohibition swept the nation. Nebraska joined three other states that banned the plant in 1927.

After the 2014 US Farm Bill allowed farmers to grow hemp with less than 0.3% THC as part of a pilot program, Nebraska passed LB 1001 . Also known as the Nebraska Hemp Farming Act, LB 1001 was signed into law in May 2019. It allowed for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture . CBD that is derived from the marijuana plant is still considered illegal in the state and federally, unless it meets Food and Drug Administration (FDA) requirements such as in prescription formulations.

After years of failed attempts by state lawmakers to pass medical marijuana legislation, in 2020 a citizens’ initiative gathered more than 180,000 signatures (only 121,000 were needed) and was set to appear on the ballot. But a sheriff in Lancaster county filed a challenge on a technicality. The state disagreed but the issue went to the Nebraska Supreme Court, which ruled in favor of the sheriff, removing the measure from the 2020 ballot . Supporters of the bill immediately filed an initiative for the 2022 election.

FAQ

When will marijuana be legal in Nebraska?

While we can’t predict the future, we know that Nebraska citizens can petition to have a vote on legalization added to the ballot. It can be tricky, though, since Nebraska is one of a few states requiring ballot measures to cover single issues. Many might assume medical marijuana is a single issue, but a measure slated to go before Husker State voters in 2020 was struck down by the state’s Supreme Court because it purportedly covered multiple issues. Nebraskans for Medical Marijuana immediately submitted a new petition for the 2022 election.

Where can I get marijuana in Nebraska?

In Colorado. Marijuana is illegal in Nebraska. A first offense of possession of 1 ounce or less of cannabis is considered an infraction , punishable by a fine of up to $300 and an order to attend a drug-abuse education course. Larger amounts or subsequent offenses can incur more severe penalties.

Who makes the laws on marijuana in Nebraska?

Generally speaking, the state legislature makes the laws on marijuana (and everything else) in Nebraska. Citizens of the Husker State can petition to have a vote on legalization added to the ballot though.

Where can I get a medical marijuana card in Nebraska?

Marijuana, including for medicinal purposes, is illegal in Nebraska.

When did medical marijuana become legal in Nebraska?

It didn’t. Marijuana is illegal in Nebraska whether for medicinal or recreational use.

Are dabs a felony in Nebraska?

Any marijuana, including concentrates or resin, is illegal in Nebraska. The law has some contradictions, so it would be best to consult an attorney on this matter. Dab nails, percs, and other accoutrements of a dab rig are considered drug paraphernalia , the possession of which is considered an infraction punishable by a fine of up to $100 for the first offense.

This page was last updated November 9, 2020.

View the marijuana laws & regulations for Nebraska.

Nebraska Laws and Penalties

Possession

Sale/Manufacture

Cultivation

Hash & Concentrates

Paraphernalia

Penalty Details

Nebraska law lists Marijuana as a Schedule I controlled substance.

Possession

Possession of 1 ounce or less is an infraction, which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course.

A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500.

Third and subsequent convictions for possession of 1 ounce or less are a Class IIIA misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500.

Possession of more than 1 ounce – 1 pound is a class III misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.

Possession of more than 1 pound is a class IV felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

  • § 28-416 of the Nebraska Revised Statutes Web Search
  • § 28-105 of the Nebraska Revised Statutes Web Search
Sale/Manufacture

The sale of any amount is a class III felony, which is punishable by a 1 year mandatory minimum sentence and up to 20 years imprisonment as well as a maximum fine of $25,000.

The sale to a minor within 1,000 feet of a school or between 100-1,000 ft. of other designated areas is a class II felony, which is punishable by a 1 year mandatory minimum sentence and up to 50 years imprisonment.

A second or subsequent violation is a class ID felony punishable by a mandatory minimum sentence of 3 years and up to 50 years imprisonment.

  • § 28-416 of the Nebraska Revised Statutes Web Search
  • § 28-105 of the Nebraska Revised Statutes Web Search
Cultivation

Cultivation in Nebraska will be punished based upon the aggregate weight of the plants found. See the “Sale/Manufacture” section for further penalty details.

Hash & Concentrates

Hashish and THC Concentrates are individually named Schedule I controlled substances in Nebraska. Possession of hash is a Class IV felony, punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. Selling, manufacturing, or possessing with the intent to distribute hashish is a Class III felony, punishable by a minimum sentence of 1 year, a maximum of 20 years imprisonment, and a maximum fine of $25,000.

  • § 28-405(c)(23) of the Nebraska Revised Statutes Web Search
  • § 28-416 of the Nebraska Revised Statutes Web Search
  • § 28-416 of the Nebraska Revised Statutes Web Search
  • § 28-105 of the Nebraska Revised Statutes Web Search
Paraphernalia

Possession of paraphernalia is an infraction which is punishable by a maximum fine of $100.

Each additional conviction is punishable by a fine of $200-$500.

Sale of paraphernalia is a Class II misdemeanor, which is punishable by a maximum fine not exceeding $1,000 and a term of imprisonment not exceeding 6 months.

Sale of paraphernalia to a person under 18 at least 3 years younger is a Class I misdemeanor, which is punishable by a maximum fine not exceeding $1,000 and a term of imprisonment not exceeding 1 year.

Advertisement of is a Class III misdemeanor, which is punishable by a maximum fine not exceeding $500 and a term of imprisonment not exceeding 3 months.

  • 28-106 of the Nebraska Revised Statutes Web Search
  • 28-441 of the Nebraska Revised Statutes Web Search
  • 28-439 of the Nebraska Revised Statutes Web Search
  • 28-440 of the Nebraska Revised Statutes Web Search
  • 28-442 of the Nebraska Revised Statutes Web Search
  • 28-443 of the Nebraska Revised Statutes Web Search
  • 28-444 of the Nebraska Revised Statutes Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Nebraska Laws and Penalties Possession Sale/Manufacture Cultivation Hash & Concentrates Paraphernalia Penalty Details Nebraska law lists Marijuana as a Schedule I controlled