Nebraska and Cannabis. What You Should Know

Is Marijuana Legal in Nebraska?

Marijuana is a hot topic in America; it seems everyone wants to know where it is legal and how they can get it. With medical marijuana legal in 37 states and recreational marijuana legal in 18 states, millions of people constantly seek canna-related information. So, what’s the deal with Nebraska marijuana? 

Unfortunately, marijuana is not yet legal in the Cornhusker State, and the state has had a long, negative history with the plant. However, all hope isn’t lost when it comes to MMJ in Nebraska.

Let’s learn more.

Does Nebraska Allow Use of Medical Marijuana?

The early 90s saw a wave of marijuana prohibition as states rushed to ban the plant. Nebraska joined the rush and banned marijuana in 1927. But medical marijuana has attained widespread acceptance; 37 states can’t be wrong, right? So, is medical marijuana legal in Nebraska? Sadly, no, it is not.

Since Nebraska banned marijuana in 1927, it has remained illegal to buy, possess, cultivate, use or sell marijuana in the state; their law lists marijuana as a Schedule I controlled substance. 

While no form of marijuana is legal in Nebraska, the state has decriminalized possession of small amounts. This means you won’t go to jail if law enforcers catch you with small amounts of marijuana.

In 1969, Nebraska reduced the penalties for possession of cannabis and punished first-time offenders with no more than seven days in jail.

Is Recreational Weed Legal in Nebraska?

Advocates of legalization are still battling to make marijuana legal. But until then, there’s no such thing as Nebraska recreational weed: it is illegal. For now, the focus is on legalizing medical marijuana.

However, that doesn’t mean you can’t get weed at all. Recreational marijuana has been legal in neighboring Colorado since 2012, so you can nip over to enjoy your blunt. Just make sure you don’t bring the fun home with you. 

Note: Marijuana purchased in Colorado, where it is legal, becomes illegal when it crosses over into Nebraska. Also, since marijuana is illegal federally, it is illegal to transport it across state lines. So, if you’re hopping over to Colorado for a joint or two, ensure that what happens in Colorado stays in Colorado.

Nebraska Medical Marijuana Card

It is not possible to get a Nebraska medical marijuana card as all forms of marijuana are illegal, that includes medical marijuana.

However, if the state legalizes medical marijuana, we’ll be the first on the scene to tell you all about how you can get your Nebraska Medical Marijuana card with hassles.

Can You Buy Medical Marijuana in Nebraska?

If it’s not legal, you certainly can’t buy it. No licensed Nebraska dispensaries are selling medical marijuana.

However, you may be able to find hemp-derived CBD products at your local health and wellness store. They won’t get you high, but these products may help you feel a bit better.

Nebraska Marijuana Laws

Advocates of legalization are working hard to change marijuana laws in Nebraska, but the people are curious – when will Nebraska legalize weed? We can’t say for sure, but campaigners are working on changing that as soon as possible.

In 2015, Senator Thomas Garrett introduced the Cannabis Compassion and Care Act; the bill proposed that medical marijuana be available to patients who had qualifying conditions such as cancer, glaucoma, HIV/AIDS, and hepatitis C. However, opponents at the time, including Governor Pete Ricketts and Attorney General Doug Peterson, blocked the bill.

In 2020, a ballot initiative to legalize Nebraska medical marijuana was invalidated on a technicality. Movers needed 121,000 signatures for marijuana legalization to appear on the ballot, and Nebraska residents garnered an astonishing 1100,000.

The legalization drive seemed to be on track until a sheriff in Lancaster County, Terry Wagner, challenged it on the technicality that it contained more than one question, thereby violating Nebraska ballot rules.

The state disagreed, and the case went all the way to the Nebraska Supreme Court, where the sheriff won. The legalization drive came to a halt as it was removed from the ballot.  

Marijuana in Nebraska: Hope’s Not Lost

Campaigners for legalization were undeterred and immediately filed another ballot initiative that could make it to the 2022 election. They need 122,274 signatures before the July 7, 2022 deadline.

The object statement of the initiative states that: “The object of this petition is to allow persons in the State of Nebraska to have the right to cannabis in all its forms for medical purposes.” 

If the initiative gets the required signatures, the Nebraska Secretary of State will determine whether it meets the requirements before it goes to the ballot on November 8, 2022. This is when Nebraskans will decide whether they want medical marijuana.

So far, this citizen effort is the best chance to legalize marijuana in Nebraska, and we’ll be keeping a close eye on it. If anything changes, we’ll be sure to let you know.

Penalties for Marijuana Possession in Nebraska

While efforts to legalize medical marijuanas in Nebraska are ongoing, it is essential to remember that according to Nebraska weed laws, marijuana is still illegal, and possession attracts legal consequences.

First-time offenders who possess 1 ounce or less of marijuana face an infraction charge punishable by a citation and a fine of $300. A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a citation, a $400 fine, and a probable prison sentence of up to five days.

Third and subsequent convictions for possession of 1 ounce or less of marijuana is a class IIIA misdemeanor. Offenders will be issued a citation, fined $500, and maybe imprisoned for up to seven days.

Possession of more than 1 ounce and up to 1 pound is a class III misdemeanor that attracts 3-month imprisonment and a fine of up to $500. Possession of more than 1 pound is a Class IV felony. Conviction carries a maximum of 5 years imprisonment and a fine of up to $10,000.

Penalties for Sale of Marijuana in Nebraska 

You do not want to be caught selling marijuana in Nebraska, as possession of any amount is a Class III felony which carries a minimum mandatory sentence of 1-year imprisonment and up to 20 years in prison, and a fine of up to $25,000.

Nebraska Dispensaries

Where can you buy medical marijuana in Nebraska? You can’t. There are no licensed dispensaries because medical marijuana is not legal.

But, if Nebraska legalizes weed and the Nebraska weed laws change, it won’t be long before the state issues licenses for dispensaries.

Nebraska Medical Marijuana Reciprocity 

Presently, medical marijuana is illegal in Nebraska, so residents can’t buy it, and medical marijuana patients from out of state are not recognized. If you are a certified medical marijuana patient who has a valid MMJ card from out of state, there are no Nebraska dispensaries available to serve you. Nebraska medical marijuana reciprocity does not exist yet.

Everything You Need at Elevate

Marijuana may be illegal in Nebraska, but there are no penalties for seeking information. Everything you need to know about marijuana – questions and inquiries – is covered here at Elevate Holistics.

 Marijuana is a complex plant, and for you to get the best out of it, you need people who know all about it to guide you on your canna journey. That’s us.

Here at Elevate, we put you first; we have tailored our services to your canna-related needs. When Nebraska joins the medical marijuana train, we can help you get your MMJ card, find a physician or locate a licensed dispensary. Contact us today, and let’s get started.