Nebraska Marijuana Laws

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.

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.

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.

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.

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

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