Updated May 2020
While Nebraska has shown potential for easing cannabis laws in the past, recreational and medical marijuana continues to be illegal. The state has, however, decriminalized small possession. Learn more about Nebraska marijuana laws below.
Recreational Marijuana Laws in Nebraska
Is marijuana legal in Nebraska? In short, no. However, in a progressive move, the state of Nebraska has decriminalized the possession of a small amount of marijuana. First offense possession of 1 ounce or less of marijuana is subject to an infraction and punishable by a fine of up to $300 and a possible drug education course.
The leniency ends there in the state of Nebraska. Second offense possession of up to 1 ounce is a misdemeanor, but carries just a $400 fine and up to five days in jail. Third offense possession is also a misdemeanor and subject to up to a week in jail and a fine of up to $500. Possession of greater amounts is punished more seriously, with up to a pound being charged as a misdemeanor, punishable with up to three months in jail and a $500 fine. Possession of more than a pound is a felony, punishable with up to five years of jail time and a $10,000 fine.
Selling and manufacturing marijuana in any form results in a mandatory minimum sentence of one year of jail time. That means that no matter what the circumstances, the judge cannot sentence a guilty party to under one year in jail. No matter what, if you sell marijuana, you are serving at least a year in jail.
The Decriminalization of Marijuana
Nebraska has decriminalized the possession of marijuana, meaning an individual will not serve any prison time or have any marks on their criminal record the first time they are charged with possession of marijuana. As long as they have never been charged with marijuana possession before and they only possess a very small amount of marijuana, the infraction is treated like a minor traffic violation rather than a criminal act.
Conditional Release for First-Time Offenders
If you are facing your first prosecution, Nebraska marijuana laws allow for conditional release. A conditional release allows the accused to choose to accept probation instead of having their case go to trial. If the individual who got conditional release completes their probation with no incidents or transgressions, the criminal charge will be wiped from their record.
Hash Laws in Nebraska
Hash is illegal in Nebraska under Nebraska marijuana laws. Hash is derived from the resin found in cannabis plants and is considered to be very potent. Those caught with hash in their possession (which is considered a felony) are subject to up to five years of jail time and up to a $10,000 fine.
Those caught selling, manufacturing, or possessing hash with the intent to distribute it are subject to even more harsh penalties. All of these infractions are felonies and can carry anywhere from 1 to 20 years of jail time and a $25,000 fine.
Marijuana Concentrate Laws in Nebraska
Marijuana concentrate is a very potent form of marijuana in which all unneeded plant materials are filtered out of the product, resulting in a concentrate that features very high levels of THC. The penalties for use, possession, and sale of marijuana concentrate is the same as the penalties for hash under Nebraska marijuana law.
Marijuana Paraphernalia Laws in Nebraska
Marijuana paraphernalia is the term given to products that aid an individual in the use and ingestion of marijuana. Examples of marijuana paraphernalia include bongs and pipes that are used to smoke marijuana. Nebraska marijuana laws have deemed paraphernalia illegal.
Possessing marijuana paraphernalia is an infraction, resulting in a $100 fine. The sale of marijuana paraphernalia is a misdemeanor, and anyone caught selling paraphernalia can be sentenced to six months of jail time and a $1,000 fine. Selling paraphernalia to a minor is also a misdemeanor and can result in one year of jail time and a $1,000 fine. Finally, if you advertise the sale of marijuana paraphernalia, getting caught results in a misdemeanor charge, with individuals serving three months of jail time and paying a $500 fine.
Medical Marijuana in Nebraska
Unfortunately, the state of Nebraska is yet to approve any medical marijuana laws. A medical marijuana initiative to amend the state’s constitution to legalize marijuana for patients with debilitating medical conditions failed to acquire the necessary signatures to make the November 2016 ballot. In 2015, the Legislature introduced a medical marijuana bill, LB 643, but the session ended without the lawmakers taking any action. Since that time the makeup of the Senate has fewer medical marijuana supporters and Gov. Pete Ricketts has been a vocal opponent to medical marijuana in the past.
Nebraska Marijuana Laws Regarding Driving
Like in all states, it is illegal to drive under the influence of marijuana in Nebraska. If you have used marijuana, Nebraska law forbids you from operating a motor vehicle. If any amount of THC or other drug byproduct is found in your system while you are driving, you are subject to harsh penalties.
Using Tax Stamps for Marijuana Contraband
Anyone who possesses marijuana in the state of Nebraska must affix a tax stamp to their contraband. A tax stamp is a stamp printed by the state that is required by law to appear on all marijuana products, and the failure to do so will result in a large fine. Tax stamps cost $100 per ounce of marijuana if the owner has over 6 ounces of marijuana, and the fine will be 200% of the tax stamp cost.
CBD from Hemp Oil in Nebraska
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Nebraska has an active hemp industry that has been authorized for research. Hemp contains little to no THC, the cannabis compound that causes psychoactive effects, which makes it popular for wellness by people of all ages.
Cultivation of Cannabis in Nebraska
The personal cultivation of hemp or marijuana is prohibited in Nebraska.
In May 2019, the Nebraska Legislature passed a bill (LB657) allowing Nebraskans to grow, process, and handle hemp and hemp products in the state. The state Department of Agriculture will now establish, operate, and administer a program to license and regulate those who cultivate, process, handle, or broker hemp. License holders must be at least 18 years old and cannot have been convicted of a felony related to a controlled substance within the preceding 10 years. The department’s director will submit a state regulatory plan for approval by the U.S. Secretary of Agriculture.
The new law replaces LB 1001, which classified industrial hemp as an agricultural product and gave the Department of Agriculture and universities the ability to cultivate hemp as part of a pilot program.
Legal Status of Other U.S. States
Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.
Sources
- http://norml.org/laws/item/nebraska-penalties-2
- http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
- https://www.mpp.org/states/nebraska/
DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
