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Is marijuana legal in Nebraska?

Marijuana legalization is the talk of the country, with many states legalizing marijuana and even dismissing or reducing prior sentencing for drug crimes involving possession or utilization or marijuana. But is marijuana one of the states where you can pass a blunt between your friends and openly carry your stash without penalties?

Not yet, despite repeated efforts. In Nebraska, you can still be arrested for marijuana use. Nebraska's governor himself discusses the impediments to legalization of marijuana for recreational or medical use, and cites federal statutes banning marijuana as a controlled substance. Nebraska legislature has not passed legalization statutes due to what the governor describes as inadequacy of controls to ensure safe use, based on observation of legalization in neighboring states and increased criminal activity among the borders between states. 

This means that if you are caught operating under the influence of marijuana, in possession of marijuana or in possession with intent to sell, you can still face criminal charges that you may not face elsewhere. This can include sentencing for drug possession, distribution and trafficking. This also means that marijuana cannot be prescribed or used for medical conditions such as glaucoma or cancer. The governor's statement cites the danger of marijuana as mentioned in FDA studies, and refers to existing processes for legalizing controlled substances for safe use. So you may not see legal marijuana in any form in Nebraska any time soon.

This blog post is meant for informational purposes only, and should not be misconstrued as actionable legal advice.

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  • 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.
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