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is marijuana legal in nebraska

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Nebraska

Is weed legal in Nebraska?

No. Both medical and adult-use marijuana have been illegal in Nebraska since 1927.

A first offense of possession of 1 ounce or less of cannabis is considered an infraction , punishable by a fine of up to $300 and an order to attend a drug-abuse education course. Larger amounts or subsequent offenses can incur more severe penalties.

Legislative history

In the early 1900s, marijuana prohibition swept the nation. Nebraska joined three other states that banned the plant in 1927.

After the 2014 US Farm Bill allowed farmers to grow hemp with less than 0.3% THC as part of a pilot program, Nebraska passed LB 1001 . Also known as the Nebraska Hemp Farming Act, LB 1001 was signed into law in May 2019. It allowed for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture . CBD that is derived from the marijuana plant is still considered illegal in the state and federally, unless it meets Food and Drug Administration (FDA) requirements such as in prescription formulations.

After years of failed attempts by state lawmakers to pass medical marijuana legislation, in 2020 a citizens’ initiative gathered more than 180,000 signatures (only 121,000 were needed) and was set to appear on the ballot. But a sheriff in Lancaster county filed a challenge on a technicality. The state disagreed but the issue went to the Nebraska Supreme Court, which ruled in favor of the sheriff, removing the measure from the 2020 ballot . Supporters of the bill immediately filed an initiative for the 2022 election.

FAQ

When will marijuana be legal in Nebraska?

While we can’t predict the future, we know that Nebraska citizens can petition to have a vote on legalization added to the ballot. It can be tricky, though, since Nebraska is one of a few states requiring ballot measures to cover single issues. Many might assume medical marijuana is a single issue, but a measure slated to go before Husker State voters in 2020 was struck down by the state’s Supreme Court because it purportedly covered multiple issues. Nebraskans for Medical Marijuana immediately submitted a new petition for the 2022 election.

Where can I get marijuana in Nebraska?

In Colorado. Marijuana is illegal in Nebraska. A first offense of possession of 1 ounce or less of cannabis is considered an infraction , punishable by a fine of up to $300 and an order to attend a drug-abuse education course. Larger amounts or subsequent offenses can incur more severe penalties.

Who makes the laws on marijuana in Nebraska?

Generally speaking, the state legislature makes the laws on marijuana (and everything else) in Nebraska. Citizens of the Husker State can petition to have a vote on legalization added to the ballot though.

Where can I get a medical marijuana card in Nebraska?

Marijuana, including for medicinal purposes, is illegal in Nebraska.

When did medical marijuana become legal in Nebraska?

It didn’t. Marijuana is illegal in Nebraska whether for medicinal or recreational use.

Are dabs a felony in Nebraska?

Any marijuana, including concentrates or resin, is illegal in Nebraska. The law has some contradictions, so it would be best to consult an attorney on this matter. Dab nails, percs, and other accoutrements of a dab rig are considered drug paraphernalia , the possession of which is considered an infraction punishable by a fine of up to $100 for the first offense.

This page was last updated November 9, 2020.

View the marijuana laws & regulations for Nebraska.

Nebraska Marijuana Laws

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/

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