Nebraska Medical Marijuana Laws

NEBRASKA POSSESSION LAWS:

  • Possession of less than 1 oz. is an infraction which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course.
  • A second conviction for possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 5 days imprisonment and a maximum fine of $400.
  • Third and subsequent convictions for possession of 1 oz. or less are a misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500.
  • Possession of 1 oz. - 1 lb. is a misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.
  • Possession of more than 1 lb. is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
  1. 28-416 of the Nebraska Revised Statutes

NEBRASKA DISTRIBUTION LAWS:

  • The sale of any amount is a felony which is punishable by a 1 year mandatory minimum sentence and up to 20 years imprisonment as well as a maximum fine of $25,000.
  • The sale to a minor is a felony which is punishable by a 3 year mandatory minimum sentence and up to 20 years imprisonment and a maximum fine of $50,000.
  • The sale within 1,000 feet of a school or between 100-1,000 ft. of other designated areas is punishable by a mandatory minimum sentence of 3 years and up to 50 years imprisonment and a maximum fine of $50,000.
  1. 28-416 of the Nebraska Revised Statutes

NEBRASKA CULTIVATION LAWS:

  • Cultivation in Nebraska will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.

NEBRASKA CONCENTRATE LAWS:

  • Hashish and THC Concentrates are individually named Schedule I controlled substances in Nebraska. Possession of hash is a Class IV felony, punishable by . Selling, manufacturing, or possessing with the intent to distribute hashish is a Class III felony, punishable by a minimum sentence of 1 year, a maximum of 20 years imprisonment, and a maximum fine of $25,000.
  1. § 28-405(c)(23) of the Nebraska Revised Statutes
  2. § 28-416 of the Nebraska Revised Statutes
  3. § 28-416 of the Nebraska Revised Statutes 

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Less than 1 oz. (First Offense)           

Infraction

N/A

$300

Less than 1 oz. (Second Offense)

Misdemeanor

5 days

$400

Less than 1 oz. (Third Offense)

Misdemeanor

7 days

$500

1 oz. - l lb.       

Misdemeanor

3 months

$500

More than l lb.

Felony

5 years

$10,000

Sale or Distribution

Any amount

Felony

1* - 20 years

$25,000

To a minor

Felony

3* - 20 years

$50,000

Within 1,000 feet of a school or between 100-1,000 feet of other designated areas.

Felony

3* - 50 years

$50,000

* Mandatory minimum sentence.

Hash & Concentrates

Possession

Felony

N/A

$0

Selling, manufacturing, or possessing with the intent to distribute

Felony

1 - 20 years

$25,000

Paraphernalia

Possession of paraphernalia (First Offense)

Infraction

N/A

$100

Possession of paraphernalia (Second Offense)

Infraction

N/A

$300

Possession of paraphernalia (Third Offense)

Infraction

N/A

$500

Miscellaneous

Any conviction will result in a 6 month driver's license suspension.

Subsequent convictions will result in double penalties.