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Is Weed Legal in Nebraska?

Nebraska is one of the growing list of states that have decriminalized marijuana in some form. Despite being decriminalized, that does not mean you should smoke up right away in celebration. Weed is still technically illegal in Nebraska. For a first-time offender, if caught with less than 1 ounce of marijuana, you will be cited with a $300 fine and a possible drug education course. After that, the “decriminalization” ends for you. If caught with a prior drug offense, you will be subject to much higher fines as well as the possibility of incarceration time. While decriminalization is the first positive step towards legalization within the state, don’t go grabbing your rolling papers just yet.

Buying Marijuana in Nebraska

Despite being a decriminalized state, that does not make buying marijuana legal in any respect. Buying cannabis in any form, other than CBD, is a very serious criminal offense. 

Buying Marijuana at a Retail Location

Buying marijuana at a retail location within the state is not possible. Despite being in a state that has decriminalized weed possession, cannabis is still illegal. Your best bet to enjoy marijuana and its various healing and psychoactive properties is to visit Colorado for a weekend.

Using a Marijuana Delivery Service

Marijuana delivery is highly illegal within the state of Nebraska. With marijuana being illegal alone, the transportation and sale of cannabis make the crime far worse. 

Store Hours

As of right now, there are no stores that sell cannabis legally. Please be sure to check back with us once Nebraska legalizes cannabis. 

Purchasing Restrictions

Currently, all purchases involving marijuana is illegal. However, CBD oil containing less than 0.3% THC is legal federally and is generally accepted all throughout the country. 

Available Products

There are no available THC products available to purchase in the state. Weed is Illegal and cannot be legally owned and consumed. CBD is your best bet at scraping the surface of the benefits of cannabis without the legal ambiguity that THC brings.

Taxes on Marijuana in Nebraska

Taxes on Recreational Marijuana in Nebraska

Recreational marijuana has yet been legalized in Nebraska. But that does not stop the government from imposing taxes on cannabis. Nebraska has in place tax stamps. Tax stamps are for anyone who is in possession of 6 or more ounces of marijuana, in which they must pay $100 per ounce. Failure to do so will result in a fine of 200% of the tax assessed and a Class IV felony.  

Taxes on Medical Marijuana in Nebraska

Medical marijuana is not legal within the state. Therefore, there are no taxes associated with the purchase of medical marijuana. However, whether claimed for medical use or not, the state still reinforces the tax stamps described above. Please check back in with us when the state laws change for up-to-date information regarding marijuana. 

Possession

Nebraska’s decriminalization status mainly has to do with their progressive possession laws. For a first-time offense, if caught with less than an ounce, you will be cited with an infraction and a $300 fine. However, after you are cited for an offense, subsequent offenses will be treated much more seriously. Second and third offenses are a misdemeanor resulting in up to 7 days in jail and a $500 fine. Holding between 1 ounce and 1 pound is a misdemeanor resulting in 3 months of incarceration and another $500 fine. Possessing more than 1 pound is a felony resulting in up to 5 years in jail and a $10,000 fine.

Using Marijuana in Nebraska

Using marijuana in Nebraska is highly illegal. Despite the fact that Nebraska decriminalized marijuana, that does not mean that you can just smoke up in the middle of the streets. As stated before, the decriminalized status is just an effort in reducing unfair incarcerations, not to promote smoking cannabis or to legalize the substance. It is in your best interest at this time to not use marijuana in the state. We suggest taking a weekend trip to a neighboring state such as Colorado, which has legalized recreational weed, to fulfill your marijuana needs. Just as a reminder, please do not bring cannabis back home with you.

Smoking on Federal Lands 

Regardless of the state, smoking weed on federal land is a federal crime because weed has not yet been legalized federally. Please refrain from any such activities on federal lands or you will be subject to at least one year of incarceration and a $1000 fine for just possession alone!

Medical Marijuana in Nebraska

Medical marijuana is not currently established within Nebraska currently. This means that although marijuana is decriminalized, doctors are not able to prescribe marijuana at all. Please do not use marijuana, even for medical purposes, currently while living in Nebraska. 

How to Get a Medical Marijuana Card in Nebraska

A medical marijuana program has not had the ability to be established at this time for the state of Nebraska. Therefore, it is not possible to get a medical marijuana card from the state. Please be sure to check back in with us when the state’s laws change for an in-depth overview of the process of gaining a medical card when it becomes possible.

Out of State Medical Cards Nebraska

As stated above, a medical marijuana program is nonexistent within the state of Nebraska. Therefore, the use of a medical marijuana card is impossible in any circumstance. Please be sure to revisit us in the future once weed becomes legal in Nebraska so that we can provide a simple overview of their reciprocity laws.

How to Transport Marijuana in Nebraska

Transporting Marijuana in Nebraska

Transporting marijuana is a serious criminal offense in Nebraska. Depending on the amount, it would either be considered possession or possibly be deemed as trafficking. The latter is a felony and requires mandatory minimum sentencing of one year. Please be smart and do not transport weed in your car in Nebraska while marijuana is illegal.

Driving While Under the Influence of Marijuana 

Driving while intoxicated by marijuana is a major criminal offense. Driving while high is considered the same thing as a DUI. If deemed intoxicated, you will potentially lose your license to drive, pay large fines and may even have to attend a drug education program. For your safety as well as the safety of others, please do not drive while high. 

Driving Across State Lines with Marijuana

Despite legalization efforts in certain states, driving across state lines with marijuana is a federal offense. If driving from Colorado to Nebraska, you should avoid transporting drugs. State troopers are on constant high-alert and are very well aware of how easy it may seem to drive through the state with marijuana in your car. At all costs, please refrain from having cannabis of any kind in your car while crossing the border. Although some states are more lenient than others, the federal government has clean cut laws that are not worth the risk. 

Growing Marijuana in Nebraska

Growing marijuana in Nebraska is a considerable criminal offense. Growing cannabis of any amount is considered the same offense as the sale and manufacture of a controlled substance. Regardless of the number of marijuana plants you are growing, it will always be considered a felony. You will also be subject to mandatory minimum sentencing of 1 year to 20 years and a $25,000 fine if caught. It is highly advised to not grow marijuana, especially in Nebraska.

 

Resources

https://www.medicalmarijuanainc.com/nebraska-marijuana-laws/

https://norml.org/laws/nebraska-penalties-2/

https://www.nebraskamarijuana.org/

https://www.mpp.org/states/nebraska/

https://www.marijuanamoment.net/nebraska-medical-marijuana-campaign-submits-182000-signatures-to-qualify-for-ballot/

https://mjbizdaily.com/nebraska-medical-marijuana-petition-drive-gathers-campaign-gathers-182000-signatures/