Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Nebraska, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Ne. Stat. Ann. § 28-405.) Also, while not covered in this article, it is also a crime to drive under the influence of marijuana in Nebraska.
For information about charges and penalties for driving under the influence of marijuana in Nebraska, see Driving Under the Influence of Marijuana in Nebraska.
It is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use) in Nebraska. Penalties vary according to the amount possessed, and whether the offense was a first or subsequent violation. (Ne. Stat. Ann. § 28-416.)
- Up to one ounce. Penalties for a first offense include a fine of up to $300, participation in a drug education program, or both. A second offense carries a fine of up to $400, up to five days in jail, or both. And a third or subsequent offense carries a fine of up to $500, up to seven days in jail, or both.
- Between one ounce and one pound. Penalties include a fine of up to $500, up to seven days in jail, or both.
- More than one pound. Penalties include a fine of up to $10,000, up to five years in prison, or both.
Manufacture and Sales
Manufacturing or selling any amount of marijuana in Nebraska is illegal, and may be punished with a fine of up to $25,000, at least one year (and up to 20 years) in prison, or both. Selling to a minor; within 1,000 feet of a school; withinin100 feet of a youth center, public pool, or video arcade; or possessing a firearm during the offense increases the applicable penalties. These include a fine of up to $50,000, a minimum prison sentence of 3 years (and up to 20), or both. (Ne. Stat. Ann. § 28-416.)
It is illegal in Nebraska to manufacture, advertise, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation, with harsher penalties for sales to a minor.
Possession and use
Using paraphernalia (or possessing it with the intent to do so) is an infraction, punishable with a fine of up to $100. A second offense incurs a fine between $200 and $300; all subsequent offenses are punishable with a fine between $200 and $500. (Ne. Stat. Ann. § 28-441.)
Manufacture and sale
Selling paraphernalia (or manufacturing or possessing it with the intent to do so), is a class II misdemeanor. Penalties include a fine of up to $1,000, up to six months in jail, or both. (Ne. Stat. Ann. § 28-442.) However, selling paraphernalia to a minor is a class I misdemeanor, punishable with a fine of up to $1, 000, up to one year in prison, or both. (Ne. Stat. Ann. § 28-443.)
It is illegal for someone to place an advertisement in any medium, when that person knows or should reasonably know that advertisement’s purpose is to promote the sale of paraphernalia. A violation is a class III misdemeanor, punishable with a fine of up to $500, up to three months in jail, or both. (Ne. Stat. Ann. § 28-444.)
Nebraska's Stamp Tax on Marijuana
A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.
In Nebraska, those who buy, transport, or import marijuana into Nebraska are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($100 for each ounce or portion of an ounce). (Ne. Stat. Ann. § 77-4303.)
The Value of Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.