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| Marijuana Laws in Nebraska | |||
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| POSSESSION | |||
| 1 oz or less (first offense)* | civil citation | none | $100 |
| 1 oz or less (second offense) | misdemeanor | 5 days | $200 |
| 1 oz or less (subsequent offense) | misdemeanor | 7 days | $300 |
| 1 oz to 1 lb | misdemeanor | 7 days | $500 |
| More than 1 lb | felony | 5 years | $10,000 |
| SALE | |||
| Any amount | felony | 1 year MMS** - 20 years | $25,000 |
| To a minor | felony | 3 years MMS** - 20 years | $50,000 |
| Within 1,000 feet of school or 100 to 1,000 feet of other specified areas | felony | 3 years MMS** - 50 years | $50,000 |
| **Mandatory minimum sentence. | |||
| MISCELLANEOUS | |||
| Paraphernalia possession (first offense) | civil citation | none | $100 |
| To a minor | civil citation | none | $200 - $300 |
| Within 1,000 feet of school** | civil citation | none | $200 - $500 |
| Paraphernalia sale | misdemeanor | 6 monts | $1,000 |
| DETAILS | |||
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Possession of one ounce or less of marijuana is an infraction, and the offender receives a citation and is subject to a $100 fine and possible referral to a drug education course for the first offense. For a second offense, the penalty increases to a possible 5 days in jail and a fine of $200. For subsequent offenses, the fine increases to $300 and a possible 7 days jail time. For possession of greater than one ounce, the penalty is up to 7 days in jail and a fine up to $500. Possession of greater than one pound is punishable by up to five years in prison and a fine up to $10,000. The penalty for distribution of marijuana is up to 20 years in prison and a fine up to $25,000. The penalty increases for sale to minors and sale within 1,000 feet of a school, college or playground, or within 100 feet of a youth center, public swimming pool or video arcade to the next higher classification of offense. Possession of paraphernalia is punishable by a fine of $100 for the first offense. For the second offense, the fine increases to $200 - $300 and for subsequent offenses, the fine increases to $200 - $500. Sale of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. |
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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. 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. 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. Marijuana 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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