Nebraska Marijuana Laws
Marijuana is not legal according to Nebraska law. However, legislators have decriminalized possession of small amounts of it under certain circumstances. There are initiatives to offer Nebraska voters the option to legalize medical marijuana and set up a statewide medical program during the 2022 election cycle.
State Laws and Offenses
Here’s a list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Nebraska.
- Penalties under Nebraska laws range from infractions to a Class III misdemeanor, Class IV misdemeanor, or even felony charges.
- Marijuana, which includes hash and hash oil under the Nebraska Criminal Code, is listed as a Schedule I drug.
- Federally, cannabis is still considered a Schedule I Controlled Substance according to the federal government
- First offense Possession below one ounce is considered a civil infraction with a maximum fine of 300 USD. Third and subsequent convictions will result in a Class IIIA misdemeanor, steeper penalties, and a potential mandatory drug education course.
- Marijuana possession above a pound will result in a Class IV felony charge with up to five years incarceration and a 25,000 USD fine.
- Sales of any kind will result in a Felony, a minimum of one year of jail time, and a 25,000 USD fine.
- Cultivation and commercial distribution of any kind will result in a Class III Felony, a mandatory minimum sentence of one year of jail time, and a 25,000 USD fine.
- Possession of marijuana paraphernalia is an infraction with up to a 100 USD fine.
Medical cannabis is illegal in Nebraska, however, voters may be able to change that in the 2022 elections thanks to initiatives by Nebraskans for Medical Marijuana.
A 2017 poll found that seventy-seven percent of Nebraska voters favored legalizing medical cannabis for patients with severe or debilitating conditions.
Possession is illegal in Nebraska. First-time possession of an ounce or less in the state of Nebraska is considered an infraction, which is punishable by a maximum fine of 300 USD.
Yes. CBD derived from the hemp plant is legal in Nebraska if it has under 0.3% THC due to the passing of the federal Farm Bill of 2018, but it is not manufactured or distributed by the state.
Cultivation isn’t allowed and the penalties in Nebraska are based on the accumulative weight of the plants found.
Cannabis Policy Reform Timeline
Since 2010, legislators have killed multiple medical cannabis bills even though surrounding states have at least medically legalized it.
2018: The Nebraska Hemp Farming Act was set in place following the federal legislative bill for industrial hemp.
2019: Nebraska lawmakers rejected a restrictive medical cannabis bill, setting the stage for a less stringent initiative. Activists raised more than 182,000 signatures to place legalization on the ballot; however, it still did not pass.
Due to a new 2022 ballot initiative effort, Nebraskans could have an opportunity to end the criminalization of medical cannabis during election season.
Local advocates of Nebraskans for Medical Marijuana (NMM) intend to qualify two cannabis initiatives ahead of the November election next year. They’ll have to gather approximately 175,000 signatures from voters across the state before the July deadline.
Some of the Current Cannabis Bills in Nebraska
- NE LB661 - Prohibit assault on a public transportation driver and clarify provisions relating to assault on officers, emergency responders, certain employees, and health care professionals
- NE LB920 - Change criminal justice provisions including offenses, sentencing, set-asides, restitution, pretrial diversion, and parole; provide for benefits under the Rural Health Systems and Professional Incentive Act; create criminal justice pilot programs;...
- NE LB1275 - Adopt the Medicinal Cannabis Act
- NE LB808 - Change provisions relating to controlled substances schedules
- NE LB889 - Change provisions of the Nebraska Hemp Farming Act
Learn more about Cannabis legalization in Nebraska:
Updated 6.14.2022