Nebraska Marijuana Laws

Did you know that Nebraska has decriminalized possession of small amounts of marijuana for first-time offenders?  Cannabis is banned in any other situation in the Cornhusker State, even for medicinal use.

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Possession of small amounts of marijuana is decriminalized in Nebraska, but any other possession, sale, or cultivation is illegal. Hash and concentrates are also banned, as is drug paraphernalia. Penalties can be severe, especially for concentrates.

Possession

Possession of less than one ounce is a minor civil infraction on a first offense and carries a maximum penalty of $300. There is no jail time. A second offense is a misdemeanor that comes with up to five days in jail and fines of up to $500. On a third offense, the penalty increases to as many as seven days in jail and $500.

Possessing between one ounce and one pound is also a misdemeanor, with a top penalty of three months in jail and $500 in fines. Possessing any amount greater than one pound is a felony, and the maximum penalty is five years in prison and a $10,000 fine.

Cultivation of marijuana is also treated as a possession crime, with the same weight limits and penalties.

Offense Penalty Incarceration Max. Fine
1 oz or less (first offense) No penalty N/A $ 300
1 oz or less (second offense) Misdemeanor 5 days $ 500
1 oz or less (third offense) Misdemeanor 7 days $ 500
More than 1 oz – l lb Misdemeanor 3 months $ 500
More than l lb Column 2 Value Felony 5 years $ 10,000

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Sale

Sale of any amount of marijuana is a felony in Nebraska, carrying between one year in jail and as many as 20 years in prison, plus a possible $25,000 fine. Sale of cannabis to a minor, or within 1,000 feet of a school or another prohibited zone, is punishable by at least one year in prison and as many as 50 years in prison. Any subsequent offenses are subject to a mandatory minimum sentence of three years, up to a maximum of life in prison.

Offense Penalty Incarceration Max. Fine
Any amount Felony 1* – 20 years $ 25,000
To a minor within 1000 feet of a school or between 100-1000 feet of other designated areas (first offense) Felony 1* – 50 years N/A
Subsequent offense Felony 3 years* – life N/A
* Mandatory minimum sentence

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Cultivation

Offense Penalty Incarceration Max. Fine
See Sale/Manufacture section for penalty details

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Hash and Concentrates

The possession of hashish or other marijuana concentrates is a felony, as are sale, manufacture, and possession with the intent to distribute. The maximum penalty for possession is five years in prison and $10,000, while distributing comes with between one and 20 years in prison and up to $25,000 in fines.

Offense Penalty Incarceration Max. Fine
Possession Felony 5 years $ 10,000
Selling, manufacturing, or possessing with the intent to distribute Felony 1 – 20 years $ 25,000

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Paraphernalia

Nebraska law bans drug paraphernalia but treats first-time possession of it as a civil infraction rather than a crime. Paraphernalia in the state includes any items intended for use with the cultivation, harvesting, cultivation, testing, analysis, storage, or use of marijuana.

Possession and use. Possession of paraphernalia is a civil infraction on a first offense and carries a fine of up to $100. On a subsequent offense, the fine is between $200 and $500.

Sale and distribution. Selling paraphernalia, or manufacturing/possessing with intent to do so, is a misdemeanor. Penalties include a fine of up to $1,000, up to six months in jail, or both. It is also a misdemeanor to advertise marijuana paraphernalia for sale, and the penalty is up to three months in jail, a fine of up to $500, or both.

Sale to a minor. Selling marijuana to a minor is a misdemeanor when the seller is at least three years older than the recipient. The maximum punishment is up to a year in jail, $1,000 in fines, or both.

Offense Penalty Incarceration Max. Fine
Possession of paraphernalia (first offense) Infraction N/A $ 100
Sale Misdemeanor 6 months $ 1,000
Sale to a minor Misdemeanor 1 year $ 1,000
Advertise Misdemeanor 3 months $ 500

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Medical Marijuana

MEDICAL MARIJUANA

Nebraska has not yet legalized the medicinal use of marijuana.

The only legal products are hemp-derived CBD oils containing no more than 0.3% THC and approved by the Nebraska Department of Agriculture.

QUALIFYING CONDITIONS:
N/A

PATIENT POSSESSION LIMITS:
N/A

HOME CULTIVATION:
N/A

STATE-LICENSED DISPENSARIES:
N/A

CAREGIVERS:
N/A

RECIPROCITY:
N/A

Marijuana Attorney Directory

Medical Marijuana

MEDICAL MARIJUANA

California became the first state in the US to legalize the medicinal use of marijuana when a law was approved by ballot initiative in 1996. The California medical marijuana law removed the criminal penalties for the use, possession and cultivation of cannabis for patients who possess a “written or oral recommendation” from a physician.

QUALIFYING CONDITIONS:
Anorexia, Arthritis, Cachexia, Cancer, Chronic Pain, HIV/AIDS, Glaucoma, Migraine, Persistent Muscle Spasms, Severe Nausea, Seizures, and any other debilitating illness where the medicinal use of marijuana was been “deemed appropriate and has been recommended by a physician.”

PATIENT POSSESSION LIMITS:
No possession limits specified. The amount should be “consistent with each patient’s needs.”

HOME CULTIVATION:
Yes, but no cultivation limits are specified. Certain local ordinances ban the cultivation of medical marijuana.

STATE-LICENSED DISPENSARIES:
Yes

CAREGIVERS:
Yes – a primary caregiver is an individual who has consistently assumed responsibility for the health, housing, or safety of a qualified patient. Unless the caregiver is the parent of a qualified patient, caregivers must be 18 years of age or older.

RECIPROCITY:
No

Marijuana Attorney Directory

Nebraska Marijuana Attorneys

The following Nebraska lawyers are actively involved in the practice of cannabis law: