Omaha Marijuana Possession Lawyer

Is Weed Legal in Omaha, Nebraska?

The short answer is no. Although several other states have legalized the use and possession of marijuana for medicinal or other purposes, in Nebraska, simply possessing weed is still illegal. Depending on your situation, you may be facing only an infraction or misdemeanor charge, or you could be charged with a felony.

An Omaha marijuana possession lawyer at Berry Law has the skill and knowledge to properly advise you about the charges that you are facing and explain the potential penalties a conviction could impose under your unique circumstances.

What Factors Affect How a Marijuana Possession Case is Charged?

Marijuana possession may be either a misdemeanor or a felony offense under Nebraska law, depending on the amount of marijuana involved in the offense and whether someone has a history of prior convictions. While the penalties for distributing large amounts of marijuana can be far more severe, even a conviction for simple possession of marijuana is not without repercussions.

Receiving a misdemeanor marijuana possession conviction can be damaging to your job search, future career goals, and professional licensure in some occupations. As a result, seeking the advice of a relentless drug crime defense lawyer at Berry Law may be the most effective way to protect your future from the harmful consequences of a conviction.

What are the Relevant Omaha Marijuana Laws?

According to Neb. Rev. Stat. § 28-416, marijuana is classified as a Schedule I controlled substance. This classification also includes more serious drugs, such as heroin and methamphetamine. However, most charges for possession of marijuana are far less severe than the possible penalties for many other Schedule I controlled substances. In fact, some marijuana possession charges are considered infractions or low-level misdemeanors that do not even carry the possibility of jail time.

The drug charges for possession of marijuana are determined by the weight of the marijuana involved in the offense. For example, a first instance of intentional possession of marijuana may result in the following charges:

• Infraction for one ounce or less of marijuana
• Class III misdemeanor for between one ounce and one pound of marijuana
• Class IV felony for possession of more than one pound of marijuana

Second and subsequent offenses involving the possession of one ounce or less of marijuana are charged as misdemeanors. For a second offense, the minimum amount for possession is a Class IV misdemeanor, and for a third or subsequent offense, it is a Class IIIA misdemeanor.

In contrast, possession of any amount of another Schedule I controlled substance is automatically a Class IV felony or a more serious felony charge. While marijuana possession charges still can have negative consequences, they do not always result in felony charges. Nonetheless, if you are charged with possessing any amount of weed, you should always seek advice from a marijuana possession lawyer in Omaha as soon as possible.

Potential Penalties for Marijuana Possession

An infraction-level possession of marijuana charge carries no potential for jail time but a conviction can result in a fine of up to $300 and you may be required to complete a drug education course. A second conviction for possession of one ounce or less of marijuana can result in up to five days of incarceration and a $400 fine. A third or subsequent conviction may require a jail sentence of up to seven days and a $500 fine.

If you are charged with misdemeanor possession of weed, Neb. Rev. Stat. § 28-106 sets forth the penalties associated with misdemeanor marijuana charges. These charges have the potential to result in short sentences of incarceration, although jail time is not required for these offenses.

A Class III misdemeanor conviction for possession of between one ounce and one pound of marijuana can result in up to three months of incarceration and/or a $500 fine. All sentences for misdemeanor marijuana possession convictions also may result in required attendance at a drug education course.

Under Neb. Rev. Stat. § 28-105, a conviction for a Class IV felony charge of possession of more than one pound of marijuana can result in up to two years in prison, nine to 12 months of post-release supervision, and/or a maximum $10,000 fine. Since the overall implications of a felony conviction beyond court-ordered penalties are much more serious, your first move should be to consult with an Omaha marijuana possession attorney immediately.

When Your Future is at Stake, Turn to an Omaha Marijuana Possession Attorney at Berry Law

No matter how minor a possession of marijuana charge might initially seem, it can still carry life-long implications and harmful consequences. An experienced Omaha marijuana possession lawyer at Berry Law could help avoid or reduce these potentially negative consequences by evaluating the evidence against you and building the most effective defense available in your case.

Contact us today to schedule a confidential consultation and learn more about your legal rights and potential options.