As of June 2023, marijuana is legal in 23 US states. However, people in The Cornhusker State are unsure about the weed laws in Nebraska. If you’re wondering if marijuana is legal in Nebraska, keep reading for the details you should know about Nebraska marijuana law.
The short answer is, Nebraska law still classifies marijuana as a Schedule I controlled substance, both for recreational and medical use.
Although cannabidiol (CBD) can be possessed by the University of Nebraska and Nebraska Medicine System for the medical CBD pilot study, anyone not participating in the pilot study must follow general state rules.
Basically, if the police find cannabis on you while you’re in Nebraska, they will likely charge you with possession of an illegal controlled substance.
Possible penalties in Nebraska for marijuana will depend on the form of marijuana and the percentage of tetrahydrocannabinol (THC) involved. THC is the psychoactive property contained in cannabis and the higher the percentage of THC, the more severe the possible penalties will be.
Is Weed Legal in Nebraska? What About Only Possession?
If you are caught with 1 oz. or less of marijuana, regardless of the THC percentage, and it is your first offense, you can be charged with an infraction which carries a maximum fine of $300. Jail time is not an option for this minor offense. However, if you are charged with possession of 1 oz. to 1 lb. of marijuana, that is a Class III misdemeanor which carries a possible term of incarceration of 3 months and a maximum $500 fine.
Are Edibles Legal in Nebraska?
Possession of edibles, or consumable foods, teas, or other products containing marijuana or THC concentrate are a Class IV felony in Nebraska, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000. This means, even one “pot brownie” may land you in trouble and charged with a felony.
Nebraska Revised Statute 28-401 defines hash/concentrated THC as “(a) the separated resin, whether crude or purified, obtained from a plant of the genus cannabis or (b) any material, preparation, mixture, compound, or other substance which contains 10% or more by weight of tetrahydrocannabinols.”
What Charges and Penalties Apply to Cannabis, Hash, and THC Concentrates Manufacturing and Sale?
If someone takes the steps needed to extract the THC from a cannabis plant, and the result is over 10% THC by weight, they may be looking at a felony charge for selling or manufacturing any amount of cannabis. Also, if they are found with hash or TCH concentrates in excess of 10% THC by weight and they are selling, manufacturing or possessing with the intent to distribute it, they will also face felony charges. These charges are punishable by up to 20 years in prison and a fine of $25,000.
However, with THC concentrates, regardless of where the THC came from, the State still has to prove it contains greater than 10% THC by weight to charge someone with a felony. Otherwise, this offense is treated like a lesser charge as required for other forms of marijuana.
When it comes to the manufacture and sale of weed and THC concentrates, the location where the offense happened may make a difference. If someone is charged with selling cannabis or hash and concentrates within 1,000 feet of a school (or between 100 and 1,000 feet of other designated areas), as a first offense, that person faces a minimum prison sentence of one-year up to 50 years. A second offender in this situation faces a minimum prison sentence of three years up to life in prison.
These laws apply to various forms of THC concentrate, including hash oil, THC vape pens, and wax made of THC concentrate.
Charges related to possession of weed do not depend on the percentage of THC by weight. Instead, depending on the weight amount of marijuana found by law enforcement, the charge will fall under different weed laws. Only if the accused person is in possession of more than 1 lb. of bud can they be charged with a felony.
Hash, concentrates, and marijuana are all classified as Schedule I controlled substances. This means they are defined by the federal government as substances with no currently accepted medical use and a high potential for abuse.
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Is Marijuana Paraphernalia Legal in Nebraska?
Possession of drug paraphernalia such as bongs, pipes, rolling papers, or vape pens is a legal infraction in Nebraska. A first offender is subject to a citation and a maximum fine of $100. If used paraphernalia is found, the possessor may be charged with possession of marijuana, not just possession of paraphernalia if pot resin is found on the piece of used paraphernalia. The possessor can be charged with different offenses depending on the amount of weed residue detected on the item.
If You are Facing Marijuana Charges in Nebraska, Give Us a Call
Every marijuana case is different, so it is important to contact an experienced drug defense attorney to ensure your rights are protected and your case reaches the best possible outcome.
If you or a loved one has been the target of a marijuana investigation, you may be facing serious legal trouble. You should contact the aggressive criminal defense attorneys at Berry Law right away for help defending your rights.
