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 5 years imprisonment and a maximum fine of $10,000.

See

• § 28-416 of the Nebraska Revised Statutes Web Search
• § 28-105 of the Nebraska Revised Statutes Web Search

Sale/Manufacture

The sale of any amount is a class III 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 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.

See

• § 28-416 of the Nebraska Revised Statutes Web Search
• § 28-105 of the Nebraska Revised Statutes Web Search

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 hash is a Class IV felony, punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. 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 Web Search
• § 28-416 of the Nebraska Revised Statutes Web Search
• § 28-416 of the Nebraska Revised Statutes Web Search
• § 28-105 of the Nebraska Revised Statutes Web Search

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.

See

• 28-106 of the Nebraska Revised Statutes Web Search
• 28-441 of the Nebraska Revised Statutes Web Search
• 28-439 of the Nebraska Revised Statutes Web Search
• 28-440 of the Nebraska Revised Statutes Web Search
• 28-442 of the Nebraska Revised Statutes Web Search
• 28-443 of the Nebraska Revised Statutes Web Search
• 28-444 of the Nebraska Revised Statutes Web Search

 

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.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

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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 Nebraska Marijuana Arrests 

 

Nebraska	2008	2009	2010	2011	2012	ARC
Possession	7,598	7,097	7,198	7,396	7,374	-0.7%
Sales	386	432	482	438	444	3.6%
Total	7,984	7,529	7,680	7,834	7,818	-0.5%

ARC: Annual Rate of Change

Source: Federal Bureau of Investigation, Uniform Crime Reporting Program