Is marijuana legal in Nebraska?
Current legality status
Cannabis in [STATE] is classified as an illegal substance and posession may carry heavy fines or imprisonment.
Marijuana is not legal in Nebraska. Small amounts of it are decriminalized under certain circumstances, but you can get serious jail time for conduct otherwise legal in nearby states.
Medical use of cannabis is also prohibited in Nebraska. An initiative will appear on the November 3, 2020 general election ballot, which would legalize medical cannabis in Nebraska.
Possession of one ounce or less of cannabis by an adult, not in a car, may lead to a civil infraction and $300 fine. But sale of any amount of marijuana is a felony in Nebraska carrying a minimum of one year jail time and a $20,000 fine.
Possession of any amount of hash is a felony and can result in two years in jail.
Same with growing a plant that weighs over one pound, wet (untrimmed): felony, up to 2 years in jail.
Even having a pipe is a misdemeanor with a potential six-month jail sentence.
Almost 6,000 marijuana arrests went through the Nebraska system in 2016, according to NORML.
Nebraska medical marijuana legalization efforts
On September 10, 2020, Nebraska high court killed the state’s 2020 medical marijuana legalization measure.
In a devastating ruling for patients and advocates, the Nebraska Supreme Court has removed the Nebraska Medical Cannabis Constitutional Amendment from the November 3, 2020 ballot. The court ruled that the amendment did not meet the strict rules for a voter-initiated measure required by state law.
Nebraskans were set to vote on the Nebraska Medical Cannabis Constitutional Amendment in 2020.
The ballot measure would have permitted individuals 18 years or older—and minors with a parent of guardian’s consent—to obtain a recommendation from a physician or nurse practitioner for the use of medical cannabis to treat a serious medical condition.
The proposed amendment to the state constitution would have legalized the sale and use of medical marijuana, and authorized the state government to develop laws, rules, and regulations to govern the industry.
Register to vote in Nebraska using this online form
Would dispensaries be licensed?
Yes, but details are sparse at this time. The initiative states: “This subsection shall not prevent the expeditious licensing and reasonable regulation of [growers, manufacturers, etc]. Such regulation and licensing shall not impose an undue burden on the ability of individuals authorized to use cannabis as provided in this section to access the type and quantity of cannabis, cannabis products, and cannabis-related equipment they need.”
What the latest polls say
A February 2017 poll found that 77% of eligible Nebraska voters were in favor of legalizing medical marijuana for patients with serious or debilitating conditions.
Voters are acting where lawmakers will not. Since 2010, legislators have rejected three medical cannabis bills. Nearby Colorado and Illinois both have legalization.
In 2019, Nebraska lawmakers failed to approve a restrictive medical cannabis bill, setting the stage for a less restrictive initiative. Activists gathered more than 182,000 signatures to place the initiative on the ballot.
Nebraska cannabis DUI laws
It is illegal to drive while under the influence of any controlled substance (ie marijuana or hash) in Nebraska.
Motor vehicle operators give implied consent to a chemical test during a DUI stop, and refusing the test is a crime and can be used as evidence. A DUI conviction is a class W misdemeanor carrying a minimum 7 days jail and a six-month license suspension.
Common questions about marijuana legalization in Nebraska
Are edibles legal in Nebraska?
No, edibles are illegal and can get you prison time. The weight of the food, not the drugs determines the degree of the punishment.
Is Nebraska a rec-legal state?
No, Nebraska is not a recreational marijuana state. It’s not even a medical marijuana state. It does, however, have decriminalization for an ounce or less under certain circumstances.
Can you get a medical marijuana card in Nebraska?
No, you have to leave Nebraska to lawfully use cannabis therapeutically or otherwise. A 2020 ballot initiative may change that, so register to vote and vote early.
Is CBD legal in Nebraska?
Yes, the federal government has removed hemp that’s less than 0.3% THC from the Controlled Substances act, and Nebraska legislators followed suit with the Nebraska Hemp Farming Act. Nebraska has to set testing and compliance procedures.
Keep up with the latest news about legalization in Nebraska
Stay current on Nebraska’s fast-changing laws by bookmarking Leafly politics and signing up for our newsletter.
Post last updated Sept. 15, 2020