Nebraska continues to uphold a restrictive stance on cannabis law, with recreational weed remaining illegal and no comprehensive medical marijuana program in place. While small amounts of marijuana have been decriminalized to a limited extent, possession can still result in fines or criminal charges, and most cannabis-related activities remain prohibited under state statute. This page explains Nebraska’s current marijuana legality, including recreational restrictions, medical marijuana status, possession penalties, hemp and CBD rules, and ongoing legislative efforts. For readers who want to see how Nebraska’s cannabis laws compare nationwide, explore our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in Nebraska
1. Recreational Marijuana
- Illegal: Recreational marijuana use is prohibited under Nebraska state law.
- Possession Penalties:
- First offense (under 1 oz): Civil infraction, $300 fine, possible drug education.
- Second offense: Misdemeanor, up to 5 days in jail and/or $500 fine.
- Third offense: Misdemeanor, up to 7 days in jail and/or $500 fine.
- Intent to distribute or larger quantities: Treated as a felony with potential prison time.
2. Medical Marijuana
- Not Legal: Nebraska has not enacted a comprehensive medical marijuana law.
- Legislative Attempts: Multiple legislative proposals and ballot initiatives have been introduced over the years, aiming to make medical marijuana legal for people with severe illnesses.
- Outcome: None have successfully passed into law, primarily due to political and legal opposition.
3. Hemp and CBD
- Legal with Restrictions:
- Products must be derived from hemp (≤0.3% THC).
- Subject to state and federal regulation for cultivation and sale.
- No “High” Products: Products with psychoactive effects remain illegal.
4. Summary
Nebraska maintains strict marijuana laws with only limited decriminalization for small possession. Medical use remains prohibited despite public support, and CBD is the only cannabis-related product legally accessible under narrow guidelines.
