Nebraska Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 1 oz (first offense) | infraction | N/A | $ 300 |
| Less than 1 oz (second offense) | misdemeanor | 5 days | $ 400 |
| Less than 1 oz (third offense) | misdemeanor | 7 days | $ 500 |
| 1 oz - l lb | misdemeanor | 3 mos | $ 500 |
| More than l lb | felony | 5 years | $ 10,000 |
Sale | |||
| Any amount | felony | 1* - 20 years | $ 25,000 |
| To a minor | felony | 3* - 20 years | $ 50,000 |
| Within 1000 feet of a school or between 100-1000 feet of other designated areas | felony | 3* - 50 years | $ 50,000 |
| * Mandatory minimum sentence | |||
Hash & Concentrates | |||
| Possession | felony | N/A | $ 0 |
| Selling, manufacturing, or possessing with the intent to distribute | felony | 1 - 20 years | $ 25,000 |
Paraphernalia | |||
| Possession of paraphernalia (first offense) | infraction | N/A | $ 100 |
| Possession of paraphernalia (second offense) | infraction | N/A | $ 300 |
| Possession of paraphernalia (third offense) | infraction | N/A | $ 500 |
Penalty Details
Possession
Possession of less than 1 oz. is an infraction which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course.
A second conviction for possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 5 days imprisonment and a maximum fine of $400.
Third and subsequent convictions for possession of 1 oz. or less are a misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500.
Possession of 1 oz.- 1 lb. is a misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.
Possession of more than 1 lb. is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
See:
- 28-416 of the Nebraska Revised Statutes
Sale
The sale of any amount is a felony which is punishable by a 1 year mandatory minimum sentence and up to 20 years imprisonment as well as a maximum fine of $25,000.
The sale to a minor is a felony which is punishable by a 3 year mandatory minimum sentence and up to 20 years imprisonment and a maximum fine of $50,000.
The sale within 1,000 feet of a school or between 100-1,000 ft. of other designated areas is punishable by a mandatory minimum sentence of 3 years and up to 50 years imprisonment and a maximum fine of $50,000.
See:
- 28-416 of the Nebraska Revised Statutes
Cultivation
Cultivation in Nebraska will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.
Hash & Concentrates
Hashish and THC Concentrates are individually named Schedule I controlled substances in Nebraska. Possession of hash is a Class IV felony, punishable by . Selling, manufacturing, or possessing with the intent to distribute hashish is a Class III felony, punishable by a minimum sentence of 1 year, a maximum of 20 years imprisonment, and a maximum fine of $25,000.
See:
- § 28-405(c)(23) of the Nebraska Revised Statutes
- § 28-416 of the Nebraska Revised Statutes
- § 28-416 of the Nebraska Revised Statutes
Paraphernalia
Possession of paraphernalia is an infraction which is punishable by a maximum fine of $100.
A second conviction for possession of paraphernalia is punishable by a fine of $200-$300.
Each additional conviction is punishable by a fine of $200-$500.
See:
- 28-441 of the Nebraska Revised Statutes
- 28-439 of the Nebraska Revised Statutes
- 28-440 of the Nebraska Revised Statutes
- 28-442 of the Nebraska Revised Statutes
- 28-444 of the Nebraska Revised Statutes
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Decriminalization
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
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