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Nebraska Marijuana Laws & Penalties

Nebraska Marijuana Laws & Penalties

Campus during the fall in front of Architecture Hall

Possession:

Offense Penalty Max. Sentence Max. Fine
1 oz. or less (first offense) Infraction N/A* $300
1 oz. or less (second offense) Class IV Misdemeanor 5 days $500
1 oz. or less (third and subsequent offense) Class IIIA Misdemeanor 7 days $500
More than 1 oz. – 1 lb. Class III Misdemeanor 3 months $500
More than 1 lb. Class IV Felony 2 years $10,000

*Offender may be ordered to complete a drug education course.

Sale/Manufacture:

Offense Penalty Max. Sentence Max. Fine
Any amount Class III Felony 20 years $25,000
To a minor within 1000 feet of a school or between 100-1000 feet of other designated areas (first offense) Class II Felony 1*–50 years $500
Subsequent offense Class ID Felony 3 years* – life $500

*Mandatory minimum sentence

Cultivation:

Penalty based on aggregate weight, see "Sale/Manufacture" section for details.

Hash & Concentrates:

Offense Penalty Max. Sentence Max. Fine
Possession of less than 1 oz (first offense) Civil Infraction N/A $300
Second offense Class IV Misdemeanor N/A $500
Third and subsequent offenses Class IIIA Misdemeanor 7 days $500
Selling, manufacturing, or possessing with the intent to distribute Class IIA Felony 20 years $25,000

Paraphernalia:

Offense Penalty Max. Sentence Max. Fine
Possession of paraphernalia (first offense) Infraction N/A $100
Additional convictions Infraction N/A $200–$500
Sale Class II Misdemeanor 6 months $1,000
Sale to a minor Class I Misdemeanor 1 year $1,000
Advertise Class III Misdemeanor 3 months $500

Relevant Statutes:

§ 28-416, § 28-105, § 28-106, § 28-441, § 28-439, § 28-440, § 28-442, § 28-443, § 28-444 of the Nebraska Revised Statutes.