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What is Nebraska's stance on marijuana?

If you are a Nebraska resident who enjoys smoking an occasional joint in the privacy of your own home, it is unlikely that you will face legal consequences for doing so. For the most part, what you do in your home is your private business and law enforcement will not interfere with your doing it, such as “busting” you for possession of marijuana. However, as FindLaw points out, possessing even one ounce or less of marijuana is still a misdemeanor in Nebraska. You will face a $300 fine if law enforcement catches you with it outside your home and this is your first offense. You may also have to enroll in a drug prevention class.

If you are convicted a second time, this is a Class IV misdemeanor for which the fine increases to $400 and you will spend five days in jail. Your third conviction is a Class IIIA misdemeanor for which you could spend up seven days in jail and pay a $500 fine.

As the amount of marijuana you are convicted of possessing increases, so does the severity of the penalties. Possessing between one and 16 ounces also a Class IIIA misdemeanor, but with this amount you could spend three months in jail and pay a fine of up to $500. Possession of more than a pound is a Class IV felony, the penalties for which are five years in prison and a maximum $10,000 fine.

Selling marijuana

You should also be aware that if you sell even a single joint to someone and are caught doing so, this is a felony. Nebraska takes marijuana sales very seriously. Selling any amount results in a mandatory minimum jail sentence of one year, with the possibility of serving as many as 20 years in prison. In addition, your fine amount could be as much as $20,000.

If you were so unwise as to sell marijuana to a minor, your mandatory minimum sentence goes up to three years and your maximum fine increases to $50,000. Selling marijuana to a minor while in a school zone is worst of all. You face a prison sentence of up to 50 years for committing this crime. This is general information only and is not intended to provide legal advice.

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Success Stories

  • Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client.
  • Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client.
  • Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client.
  • Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client.
  • Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty.

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