Nebraska marijuana laws are somewhat favorable to marijuana users, but harsh on marijuana cultivator and sellers, with mandatory minimums in effect for the selling of any amount of marijuana. Each year, according to the Department of Justice, around 8,000 marijuana related arrests are made in Nebraska. The state produces nearly 8,000 pounds of marijuana annually, with a high estimate street value of around $53 million dollars, according to DEA estimates.
Medical Marijuana Users
Nebraska currently has no medicinal marijuana laws
Non-Medical Users:
Nebraska classifies all marijuana users as non-medical users. The state has decriminalized possession for all users caught with less than a pound of marijuana, and only gives civil infractions to first time users caught with a small amount. The state has also set up alternative sentencing programs for those users.
Penalties for Marijuana Use and Possession in Nebraska:
|
Possession of 1 ounce or less, first offense |
Civil infraction |
The penalty is a fine of up to $300 |
|
Possession1 ounce or less, second offense |
Misdemeanor |
Penalties include up to 5 days of jail time and fines up to $400 |
|
Possession of 1 ounce or less, subsequent offences |
Misdemeanor |
Penalties include up to 7 days of jail time and fines of up to $500 |
|
Possession of 1 ounce to 1 pound |
Misdemeanor |
Penalties include up to 7 days of jail time and fines of up to $500 |
|
Possession of more than 1 pound |
Felony |
Penalties include up to 5 years in jail and a fine of $10,000 |
Penalties for Growing, Selling and Trafficking Marijuana:
Sale:
|
Any amount |
Felony |
The penalty includes a mandatory minimum of 1 year to 20 years in jail and a $25,000 fine |
|
To a minor |
Felony |
The penalty includes a mandatory minimum of 3 years to 20 years in jail and a $50,000 fine |
|
Within 100-1,000 feet of a specified area or 1,000 feet of a school |
Felony |
The penalties include a mandatory minimum of 3 to 50 years in jail and a $50,000 fine |
Miscellaneous:
Paraphernalia Possession, first offense |
Civil infraction |
The penalty is a $100 fine |
Paraphernalia Possession, second offense |
Civil infraction |
The penalty is a fine of $200-$300 |
Paraphernalia Possession, each additional offense |
Civil infraction |
The penalty is a fine of $200-$500 |
Paraphernalia sale |
Misdemeanor |
The penalty is up to 6 months in jail and a $1,000 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
Nebraska has no DUID or driving under the influence of Marijuana laws, however, if a driver is found under the influence of marijuana behind the wheel, state driving under the influence charges will prove applicable.
Legal Help with a Marijuana Offense
If you have been charged with a marijuana-related offense in Nebraska, you should seek the immediate counsel of a marijuana attorney. The state has favorable laws and alternative sentencing programs for users that an experienced marijuana lawyer will be able to fully explore in your favor. If you are caught selling, with the mandatory minimums in place, you absolutely need the experience of a marijuana attorney to plea down your case or, in certain cases, seek a dismissal.
