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is pot legal in nebraska

LEARN | LAWS & REGULATIONS

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.