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Both recreational and medical marijuana are illegal in Nebraska. Read on to learn more about Nebraska's current marijuana laws.

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What you need to know about Marijuana Laws in Nebraska

  • Both recreational and medical marijuana are illegal in the state of Nebraska
  • Possession up to one ounce of marijuana is a civil infraction resulting in a $300 fine
  • Sale of any amount of marijuana is a felony and carries a minimum sentence of one year in jail and a $20,000 fine
  • Cultivating over a pound of marijuana is a felony offense that could result in up to two years in jail
  • In 2020, a medical cannabis ballot measure was invalidated by the Nebraska Supreme Court and never made it on the ballot

Marijuana Legislation in Nebraska

In 2015, state legislators proposed an act aimed to legalize medical marijuana but the bill was blocked in 2016 by a Senate filibuster. Both Governor Ricketts and Attorney General Doug Peterson were opposed to the medical marijuana bill. Nebraska citizens attempted to bring a medical marijuana ballot measure to be voted on by citizens but the initiative was blocked by the state Supreme court for containing more than one question.

Marijuana Fines and Penalties in Nebraska

Possession up to one ounce: A civil infraction resulting in a $300 fine for first-time offenders.

Possession up to one ounce (second offense): A misdemeanor offense punishable by up to five days in jail and a $500 fine.

Possession over one ounce: A misdemeanor punishable by three months in jail along with a fine of $500.

Possession over one pound: A felony punishable by five years in jail along with a fine of $10,000.

Cannabis & the Law

Penalties for sale and cultivation of any amount of marijuana are severe and could lead to anywhere from one to twenty years in jail and fines as high as $25,000.

Additional Marijuana Laws to be Aware of in Nebraska

  • In Nebraska, police may ask drivers to submit to a chemical test if they believe the driver is under the influence of marijuana
  • Public consumption of marijuana is illegal and if caught offenders may be charged with a misdemeanor
Cannabis & Handcuffs