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. An Omaha marijuana possession lawyer could properly advise you about the charges that you are facing and of any potential penalties a conviction could have.
Even a misdemeanor marijuana possession conviction can be detrimental to a person’s job search, future career goals, and professional licensure in some occupations. As a result, seeking the advice of a relentless defense lawyer from Berry Law may be the most effective way to protect your future from the consequences of a conviction.
Relevant Marijuana Laws in Omaha
According to Neb. Rev. Stat. § 28-416, marijuana is classified as a Schedule I controlled substance. However, charges for possession of marijuana are far less severe than those for other Schedule I controlled substances. Some marijuana possession charges are infractions or low-level misdemeanors that do not even carry the possibility for jail time.
The charges for possession of marijuana are determined by the weight of the marijuana involved in the offense. For example, 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, it 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, getting advice from a marijuana possession lawyer in Omaha is important.
Potential Penalties for Marijuana Possession
An infraction-level possession of marijuana charge carries no potential for jail time but does carry a fine of up to $300. Neb. Rev. Stat. § 28-106 sets forth the penalties associated with misdemeanor marijuana charges, which have the potential to result in short sentences of incarceration, although jail time is not required for these offenses.
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 cause a jail sentence of up to seven days and a $500 fine.
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 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 $10,000 fine. Since the implications of a felony conviction can be more serious, consulting an Omaha marijuana possession attorney is essential.
Work with an Omaha Marijuana Possession Attorney
No matter how minor possession of marijuana charge might initially seem, it can still carry negative consequences. A persistent Omaha marijuana possession lawyer from Berry Law could help avoid these potentially negative consequences by evaluating the evidence against you and building the most effective defense available in your case. Call today to schedule a confidential consultation and learn more about your options.