Nebraska Cannabis Law

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A Guide to Nebraska Cannabis Law

Possession is illegal in Nebraska. Possession of one ounce or less is an infraction, which is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course. A second conviction for possession of one ounce or less is a misdemeanor punishable by a maximum fine of $500, and the third and subsequent convictions for possession of one ounce or less are a misdemeanor and are punishable by a maximum sentence of seven days imprisonment and a maximum fine of $500.

Cultivation is not allowed. Cultivation penalties in Nebraska are based upon the total weight of the plants found.

There is no medical marijuana program or any other allowances for patients in Nebraska.

Nebraska Laws and Penalties Surrounding Different Forms of Marijuana

  • As marijuana has become legal in some states, many people are unsure about the laws regarding weed in Nebraska. State law lists marijuana as a Schedule I controlled substance, both recreationally and medically.
  • Although cannabidiol (CBD) can be possessed by the University of Nebraska and Nebraska Medicine for the medical CBD pilot study, anyone not participating in the pilot study will not be treated the same. Instead, they will likely be treated as if they are in possession of an illegal controlled substance.
  • Penalties in Nebraska for marijuana will depend on the form the marijuana is found in and the percentage of tetrahydrocannabinol (THC) – the psychoactive property.

Marijuana and CBD policy in Nebraska

As of 2020, Nebraska did not allow the use of recreational or medical marijuana. On May 30, 2019, Nebraska passed the Nebraska Hemp Farming Act (Legislative Bill 657), which legalized the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products tested and approved by the Nebraska Department of Agriculture.[4]

CBD derived from hemp containing less than 0.3% THC (tetrahydrocannabinol) was legalized at the federal level effective January 1, 2019, after President Donald Trump (R) signed the Agriculture Improvement Act (also known as the Farm Bill) into law on December 20, 2018.[5] Federal policy on marijuana

Penalties For Possession of Dabs In Nebraska

  • You can see that small amounts of Marijuana are decriminalized, and larger amounts carry the little real possibility of jail until you possess more than a pound.
  • However, hash oil, or dabs, is considered a concentrated derivative and is charged as a Class III felony.
  • Class III felonies carry a minimum of one year in prison and up to twenty plus a $10,000 fine. The amount of hash oil does not matter.
  • Nebraska Revised Statute 77-4302, “No dealer may possess marijuana or controlled substances upon which a tax is imposed by section 77-4303 unless the tax has been paid on the marijuana or controlled substance as evidenced by an official stamp, label, or other indicium.”

Nebraska Marijuana Laws and Penalties

Nebraska Laws and Penalties   
OffensePenaltyIncarcerationMax. Fine
Possession – Personal Use   
1 oz or less (first offense)InfractionN/A$300
1 oz or less (second offense)Misdemeanor5 days$500
1 oz or less (third offense)Misdemeanor7 days$500
More than 1 oz – l lbMisdemeanor3 months$500
More than l lbFelony5 years$10,000
Sale/Manufacture   
Any amountFelony1* – 20 years$25,000
To a minor within 1000 feet of a school or between 100-1000 feet of other designated areas (first offense)Felony1* – 50 yearsN/A
Subsequent offenseFelony3 years* – lifeN/A
* Mandatory minimum sentence   
Cultivation   
See Sale/Manufacture section for penalty details.   
Hash & Concentrates   
PossessionFelony5 years$10,000
Selling, manufacturing, or possessing with the intent to distributeFelony1 – 20 years$25,000
Paraphernalia   
Possession of paraphernalia (first offense)InfractionN/A$100
SaleMisdemeanor6 months$1,000
Sale to a minorMisdemeanor1 year$1,000
AdvertiseMisdemeanor3 months$500

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