State Laws

Nebraska Marijuana Laws

     

Seventeen states in America currently allow marijuana to be used for medical purposes. The state of Nebraska is not one of these and does not currently allow the usage of marijuana for medical purposes. Any use of marijuana within Nebraska state lines is deemed an illegal act. All those found possessing, trafficking, cultivating, or selling marijuana will be arrested and charged accordingly.

Those possessing less than a pound will face decriminalizing possession charges. Those possessing less than one ounce will face lesser, infraction charges, but only on the first offense. Certain users may be eligible for alternative forms of sentencing.

Possession
Possession offenses in Nebraska are based on the number of prior offenses and the amount in possession. Unlike most other states, Nebraska has a wide range of penal categories with relatively low fine sentences. Where some states have fines in the thousands, Nebraska has fines in the low to middle hundreds for lesser crimes.

The first offense of possessing less than one ounce is considered a civil infraction that can earn up to three hundred dollars in fines and does not include imprisonment. Possessing less than one ounce on a second offense is classified as a misdemeanor offense. This offense can earn imprisonment up to five days and a fine up to four hundred dollars. Any subsequent offenses of possessing less than one ounce is also a misdemeanor offense, but includes a fine of five hundred dollars and no more than seven days in jail.

Possessing between one ounce and one pound is also a misdemeanor offense than can earn a fine of five hundred dollars and up to seven days in jail. From here all possession offenses increase exponentially. Possessing more than one pound is considered a felony offense. This kind of felony offense can earn up to five years in prison and a fine of ten thousand dollars.

Sale
Sale offenses in Nebraska are not based on the amount sold or any prior offenses. Instead all sale offenses are broken into categories and deemed felony offenses. Selling any amount of marijuana can earn a fine of twenty-five thousand dollars and include imprisonment of a minimum year sentence with a maximum possibility of twenty years.

Selling any amount to a minor is also a felony offense. This offense can earn up to fifty thousand dollars in fines and a mandatory prison sentence of three years with a possible maximum sentence of twenty years. Selling marijuana within one hundred to one thousand feet of specified property or within one thousand feet of school property is a felony offense that can earn up to fifty thousand dollars in fines and a mandatory minimum sentence of three years with the possibility of fifty years in prison.

Other
Possessing marijuana paraphernalia on a first offense is a civil infraction that can earn a fine of one hundred dollars. A second offense of paraphernalia possession is also a civil infraction but can earn a fine between two hundred and three hundred dollars. Subsequent offenses are civil infractions and can have fines up to five hundred dollars. Selling paraphernalia is a misdemeanor offense that can earn six months in jail and a fine of one thousand dollars.

See also:
Nebraska Gun Laws
Nebraska Divorce
Nebraska Bankruptcy Laws
Nebraska Felony External link (opens in new window)
Nebraska Misdemeanors External link (opens in new window)
Nebraska Expungement External link (opens in new window)