Nebraska marijuana laws

Is marijuana legal in Nebraska?

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.