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Nebraska Marijuana Laws

Cannabis laws began to become liberalized in the 1990s when several states legalized the medical use of marijuana and decriminalized possession of small amounts, in defiance of federal drug law. A few states have even legalized the recreational use of the herb by adults, similar to alcohol regulation. Generally, states don't punish people as severely for marijuana offenses as they do for other drugs, such as heroin or methamphetamines. And while the federal government (as of 2015) is recognizing state marijuana laws, it remains a Schedule I drug under U.S. law.

Nebraska Marijuana Laws at a Glance

The state of Nebraska has decriminalized possession of small amounts of cannabis, punishing possession of up to one ounce with a $300 citation, but the sale of any amount of marijuana is still felony (with mandatory minimum prison sentences). For instance, someone convicted of selling a single joint faces a mandatory one-year prison sentence in addition to a stiff fine.

Additional details about Nebraska's current marijuana laws are listed in the following table. See FindLaw's Drug Charges and Patient Rights sections for more information.

Code Section 28-401, et seq.
Cultivation Classifications and penalties for cultivation are based on possession  
Possession Under 1 oz. (if first offense): Citation, up to $300, and attend a course; 2nd offense: Citation, $400, up to 5 days in jail, and Class IV misdemeanor; 3rd offense: Class IIIA misdemeanor, $500, and up to 7 days jail; Over 1 oz.: Class IIIA misdemeanor (3 months, up to $500); Over 1 lb.: Class IV felony (5 years, up to $10,000)
Sale Any amount is a felony (1-20 years with a mandatory minimum sentence of 1 year, up to $20,000); a 3-year mandatory minimum sentence and up to $50,000 if sold to a minor (up to 50 years if sold within a school zone).
Trafficking Classifications and penalties for trafficking are based on sales
Is Medical Marijuana Permitted? No.

Note: State laws are always subject to change through ballot initiatives, new legislation, or actions by higher courts. You may want to contact a Nebraska drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.

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