In Nebraska, possession of marijuana products with THC concentrations over 0.3% can lead to legal repercussions. This also applies to concentrates and drug paraphernalia. Possession of weed wax or other types of concentrated marijuana like dabs is a felony under state law because it’s considered a controlled substance outside of the one-ounce limit. This also applies to commercially-baked edibles.
Legality
Is weed illegal in Nebraska? Aside from the exception of qualifying medical marijuana patients, all weed activities are prohibited in Nebraska. It is a class I felony to possess any amount of marijuana in the state, as well as a crime to grow or distribute it. It is also illegal to have or consume marijuana within 1,000 feet of a school or other designated area. Cultivation and possession are both punishable by substantial fines and jail time. Hash, or hashish, is a form of concentrated cannabis, and any amount possessed is a felony in Nebraska. Shatter is another type of concentrated cannabis and is a felony as well, regardless of the quantity included. Attempts to legalize medicinal marijuana in the state have failed, and even the recreational use of cannabis is not permitted under current law. If you have been arrested for marijuana-related offenses, it is imperative to speak with an experienced Nebraska marijuana defense attorney as soon as possible.
Medicinal Use
Although marijuana is legal for medicinal purposes in 23 states, Nebraska still classifies it as a Schedule I drug. This means it is illegal to possess, manufacture, or sell cannabis in the state. Possession of weed is considered a misdemeanor, but cultivating and selling it can be punishable by up to 50 years in prison. It is also a felony to possess concentrates such as wax, dabs, and shatter. Even if the weed is in edible form, possession of it is a felony if the amount exceeds 1 ounce. It is a misdemeanor to possess marijuana paraphernalia such as bongs, pipes, and rolling papers. Possession of used paraphernalia can result in a $100 fine for a first offender. Legislators have introduced bills that would legalize medical weed in the state, but they have not yet passed.
Recreational Use
Aside from the medical marijuana program, recreational cannabis is still illegal in Nebraska. Those caught with possession, cultivation, sale or distribution face felony charges, which could result in years in prison.
The state has been slow to change its marijuana laws compared to other states. Currently, two bills in the works would allow for adult use of marijuana. One is LB 639, and the other is LB 588. Both bills call for the possession of up to 2.5 ounces of marijuana, and both would prohibit driving or working on equipment while under the influence of THC.
Both bills also call for licensing procedures and six-plant home grows, which is in stark contrast to the governor’s proposed bill, HF 100, that calls for no home-grown marijuana. Some lawmakers are speculating that the legislature is about to pass full legalization.
Legalization
In Nebraska, both medicinal and recreational use of cannabis are illegal. Possession of up to one ounce of cannabis is considered an infraction and may result in a fine of $300. First-time offenders may also be required to attend a drug education class. Possession of more than one ounce is considered a misdemeanor and could lead to a fine of $500 and a week of jail time. The cultivation, sale, purchase, transportation, possession, or distribution of marijuana in any form is considered a felony and may result in up to 20 years of imprisonment. Law enforcement agencies can also confiscate property used to grow, manufacture, transport, or sell cannabis. The state’s drug laws prohibit public consumption of cannabis. Despite two attempts to legalize medical marijuana in the November 2022 ballot, they failed to collect enough signatures. However, Legislative Bill 22 aims to decriminalize cannabis in the state by removing it from the Nebraska Uniform Controlled Substances Act. Furthermore, equipment and supplies used for cultivating, consuming, processing, or storing cannabis would not be considered drug paraphernalia under this bill.
