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Nebraska marijuana laws

Published on September 1, 2020 · Last updated November 18, 2024
  • Is marijuana legal in Nebraska?
  • Nebraska medical marijuana
  • Nebraska cannabis DUI laws
  • Common questions about marijuana legalization in Nebraska

Is marijuana legal in Nebraska?

Current legality status

MEDICAL


Cannabis in Nebraska is classified as an illegal substance and posession may carry heavy fines or imprisonment.

Medical cannabis is legal in Nebraska. Small amounts of it are decriminalized under certain circumstances, but you can get serious jail time for conduct otherwise legal in nearby states.

Medical use of cannabis was legalized in Nebraska in 2024, pending district court review. Medical possession of up to 5 ounces has been legalized.

Possession of one ounce or less of cannabis by an adult, not in a car, may lead to a civil infraction and $300 fine. But sale of any amount of marijuana is a felony in Nebraska carrying a minimum of one year jail time and a $20,000 fine.

Possession of any amount of hash is a felony and can result in two years in jail.

Growing a plant that weighs over one pound, wet (untrimmed) is also a felony and can result in up to two years in jail.

Even having a pipe is a misdemeanor with a potential six-month jail sentence.

Almost 6,000 marijuana arrests went through the Nebraska system in 2016, according to NORML.

Nebraska medical marijuana

In 2024, voters in Nebraska legalized possession of medical cannabis and ordered state officials to enact a program for the growing and selling of it. A district court will weigh in on the voters’ choice. Register to vote in Nebraska using this online form

Nebraska cannabis DUI laws

It is illegal to drive while under the influence of any controlled substance (e.g. marijuana or hash) in Nebraska.

Motor vehicle operators give implied consent to a chemical test during a DUI stop, and refusing the test is a crime and can be used as evidence. A DUI conviction is a class W misdemeanor carrying a minimum seven days jail and a six-month license suspension.

Common questions about marijuana legalization in Nebraska

Are edibles legal in Nebraska?

No, recreational edibles are illegal and can get you prison time. The weight of the food, not the drugs determines the degree of the punishment.

Is Nebraska a rec-legal state?

No, Nebraska is not a recreational marijuana state. It’s became a medical marijuana state in 2024. It also has decriminalization for an ounce or less under certain circumstances.

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Can you get a medical marijuana card in Nebraska?

Not yet. A 2024 ballot initiative started a process to allow medical cannabis, but implementation remains to be seen.

Is CBD legal in Nebraska?

Yes, the federal government has removed hemp that’s less than 0.3% THC from the Controlled Substances act, and Nebraska legislators followed suit with the Nebraska Hemp Farming Act. Nebraska has to set testing and compliance procedures.

Learn more about marijuana legalization in Nebraska

Here are some additional resources, news, and references for Nebraska marijuana policy.

  • Marijuana Policy Project’s Nebraska page
  • NORML Nebraska page
  • ACLU Nebraska arrest statistics
  • Nebraskans for medical marijuana

Related reads

Nebraska votes to legalize medical marijuana image
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Politics
Nebraska votes to legalize medical marijuana
Max Savage Levenson
November 18, 2024


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