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.