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 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 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.
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.