| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| 1 oz or less (first offense) | Infraction | N/A | $ 300 |
| 1 oz or less (second offense) | Misdemeanor | 5 days | $ 500 |
| 1 oz or less (third offense) | Misdemeanor | 7 days | $ 500 |
| More than 1 oz - l lb | Misdemeanor | 3 months | $ 500 |
| More than l lb | Felony | 2 years | $ 10,000 |
Sale/Manufacture |
|||
| Any amount | Felony | Up to 20 years | $ 25,000 |
| To a minor within 1000 feet of a school or between 100-1000 feet of other designated areas (first offense) | Felony | 1* - 50 years | N/A |
| Subsequent offense | Felony | 3 years* - life | N/A |
| * Mandatory minimum sentence | |||
Cultivation |
|||
| See Sale/Manufacture section for penalty details. | |||
Hash & Concentrates |
|||
| Possession of less than 1 oz (first offense) | Civil Infraction | N/A | $ 300 |
| Selling, manufacturing, or possessing with the intent to distribute | Felony | Up to 20 years | $ 25,000 |
Paraphernalia |
|||
| Possession of paraphernalia (first offense) | Infraction | N/A | $ 100 |
| Sale | Misdemeanor | 6 months | $ 1,000 |
| Sale to a minor | Misdemeanor | 1 year | $ 1,000 |
| Advertise | Misdemeanor | 3 months | $ 500 |
| Updated May 12, 2023 | |||
Penalty Details
Nebraska law lists Marijuana as a Schedule I controlled substance.
Possession
Possession of 1 ounce or less 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 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500.
Third and subsequent convictions for possession of 1 ounce or less are a Class IIIA misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500.
Possession of more than 1 ounce – 1 pound is a class III misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.
Possession of more than 1 pound is a class IV felony which is punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000.
- § 28-416 of the Nebraska Revised Statutes
- § 28-105 of the Nebraska Revised Statutes
Sale/Manufacture
The sale of any amount is a class III felony, which is punishable by up to 20 years imprisonment as well as a maximum fine of $25,000.
The sale to a minor within 1,000 feet of a school or between 100-1,000 ft. of other designated areas is a class II felony, which is punishable by a 1 year mandatory minimum sentence and up to 50 years imprisonment.
A second or subsequent violation is a class ID felony punishable by a mandatory minimum sentence of 3 years and up to 50 years imprisonment.
- § 28-416 of the Nebraska Revised Statutes
- § 28-105 of the Nebraska Revised Statutes
Cultivation
Cultivation in Nebraska will be punished based upon the aggregate weight of the plants found. See the “Sale/Manufacture” section for further penalty details.
Hash & Concentrates
Hashish and THC Concentrates are individually named Schedule I controlled substances in Nebraska. Possession of less than one ounce of hash is punishable by a civil infraction carrying a fine of $300 for the first offense. A second offense is a Class IV misdemeanor, punishable by a maximum of $500 fine. Third and subsequent offenses are a Class IIIA misdemeanor, punishable by a maximum of 7 days in jail or a $500 fine Selling, manufacturing, or possessing with the intent to distribute hashish is a Class IIA felony, punishable by a maximum of 20 years imprisonment, and a maximum fine of $25,000.
- § 28-416 of the Nebraska Revised Statutes
- § 28-416 of the Nebraska Revised Statutes
- § 28-105 of the Nebraska Revised Statutes
Paraphernalia
Possession of paraphernalia is an infraction which is punishable by a maximum fine of $100.
Each additional conviction is punishable by a fine of $200-$500.
Sale of paraphernalia is a Class II misdemeanor, which is punishable by a maximum fine not exceeding $1,000 and a term of imprisonment not exceeding 6 months.
Sale of paraphernalia to a person under 18 at least 3 years younger is a Class I misdemeanor, which is punishable by a maximum fine not exceeding $1,000 and a term of imprisonment not exceeding 1 year.
Advertisement of is a Class III misdemeanor, which is punishable by a maximum fine not exceeding $500 and a term of imprisonment not exceeding 3 months.
- 28-106 of the Nebraska Revised Statutes
- 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
- 28-443 of the Nebraska Revised Statutes
- 28-444 of the Nebraska Revised Statutes
Last Updated May 12, 2023
More Information
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.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
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.