Nebraska

(Last update: January 13, 2020)

Medical Marijuana: No

Recreational Marijuana: No

Decriminalized: Yes (Only for First Offence)

In-Home Cultivation: -


Nebraskans for Medical Marijuana leads effort to gather signatures for medical marijuana ballot initiative

Despite pleas from patients and families all across the state, Nebraska’s unicameral legislature adjourned last year without taking action on legislation (LB 110) sponsored by Sen. Anna Wishart, which would have created a sensible and compassionate medical marijuana program in the state. Despite this disappointing result, patients and allies are looking forward to November, as a campaign aims to put the issue directly to voters later this year.

Nebraskans for Medical Marijuana is working to collect roughly 130,000 voter signatures by July to qualify its constitutional medical marijuana initiative for the 2020 ballot. The proposal would establish legal protections for patients who receive a recommendation from their healthcare provider to treat a debilitating condition with medical marijuana. It would also establish a foundation for the state to regulate a market of medical marijuana producers and dispensaries.

Current marijuana laws in Nebraska

Possession is illegal in Nebraska. Possession of one ounce or less is an infraction, which is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course. A second conviction for possession of one ounce or less is a misdemeanor punishable by a maximum fine of $500, and the third and subsequent convictions for possession of one ounce or less are a misdemeanor and are punishable by a maximum sentence of seven days imprisonment and a maximum fine of $500.

Cultivation is not allowed. Cultivation penalties in Nebraska are based upon the total weight of the plants found.

There is no medical marijuana program or any other allowances for patients in Nebraska.

Decriminalization for first time possession

Nebraska is one of the 26 states that do not jail first-time offenders found in possession of a small amount of cannabis. First offense possession of up to an ounce of marijuana is a civil infraction punishable under Nebraska law by a $300 fine — and a possible drug education course — instead of jail time and is a citation as opposed to an arrest. Second offense possession of up to an ounce carries a $400 fine and up to five days in jail, and third offense possession is punishable by up to a week in jail and a fine of $500. Second and third offense possession are misdemeanors, but are only citable, and not arrestable, offenses.