Nebraska
Nebraska has no adult-use cannabis law. A medical-only program was created by two voter initiatives approved on November 5, 2024: Initiative 437, the Patient Protection Act, which passed with 70.74 percent of the vote, and Initiative 438, the Regulation Act, which passed with 66.95 percent. Initiative 437 is self-executing and took effect on December 10, 2024, allowing a certified patient or caregiver to possess up to 5 ounces of cannabis without criminal penalty. Initiative 438 established the five-member Nebraska Medical Cannabis Commission to license production and dispensing. The Commission adopted emergency regulations, signed by the Governor on June 29, 2025, that bar smokable raw flower, all products that can be smoked or vaporized, and conventional cannabis-infused foods and drinks; permitted forms are limited to tablets, capsules, tinctures, oils, topicals, transdermal patches, nebulizer liquids, and suppositories. Four cultivation licenses, the regulatory cap, were awarded on October 7, 2025. As of June 2026 no dispensary license has been awarded and no dispensary is open; the dispensary, manufacturer, and transporter licensing rounds had not been scheduled as of May 2026. No legal medical or adult-use sale has occurred in Nebraska. A certified patient may legally possess cannabis but has no licensed in-state source from which to buy it.
Licensing & Market
Vertical integration is prohibited. The Nebraska Medical Cannabis Commission regulations establish four separate, capped license classes: 4 cultivation, 4 product manufacturing, 12 dispensary, and 12 transporter. The 12-dispensary cap is structured as one license per state judicial district. At least 51 percent of license ownership must be held by U.S. citizens who have been Nebraska residents for four consecutive years. The Commission awarded all 4 cultivation licenses, the regulatory cap, on October 7, 2025. No public primary source confirms that any licensee is actively cultivating, so an operational cultivator count, an activation rate, and a per-capita cultivator figure are not available. On an awarded basis there are 2.0 cultivation licenses per million residents. No dispensary license has been awarded and none is operational; the dispensary, manufacturer, and transporter rounds had not been scheduled as of May 2026. There are 0 operating dispensaries per 100,000 residents. License application and annual fees are set by the Commission; the statute authorizes fees of up to $50,000 per license type, but a confirmed per-type fee schedule is not available in a fetchable primary source. The seed-to-sale tracking vendor is not confirmed in the public record. Nebraska governs dispensary geography by judicial district rather than by a municipal opt-in or opt-out regime, so municipal-permission figures do not apply.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | 4 | [5] |
| Cultivator licenses operational | Not available in the public record | — |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | Not available in the public record | — |
| Retail licenses awarded | 0 | [7] |
| Retail licenses operational | 0 | [8] |
| Retail activation rate | Not available in the public record | — |
| Dispensaries per 100k | 0 | [6] |
| Vertical integration | prohibited | [9] |
| License caps exist | Yes | [10] |
| Licenses transferable | Not available in the public record | — |
| Residency required | Yes | [11] |
| Residency duration (months) | 48 | [12] |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Not available in the public record | — |
| Cultivator application fee | Not available in the public record | — |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
A certified patient or caregiver may possess up to 5 ounces of cannabis under Initiative 437. Home cultivation is not permitted; the 2024 initiatives authorize possession but not personal growing. The Commission regulations bar raw and smokable flower, any product that can be smoked or vaporized, conventional cannabis-infused foods and drinks, and products with added flavoring or coloring. Permitted forms are limited to tablets, capsules, tinctures, oils, topicals, transdermal patches, nebulizer liquids, and suppositories. There is no commercial retail-delivery channel; a caregiver may assist a patient, and transporter licenses cover business-to-business transport between licensees rather than delivery to consumers. The program has no on-site or social-consumption license category. No dispensary is open, so no legal point of sale exists in the state.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [13] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | No | [14] |
| Delivery operational | No | [15] |
| Consumption lounges legal | No | [16] |
| Consumption lounges count | 0 | [17] |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | No | [18] |
| Restricted product forms | Nebraska Medical Cannabis Commission emergency regulations BAN smokable/raw plant flower, any product that can be smoked or vaporized, and conventional cannabis-infused foods/drinks ('traditional edibles'), as well as products with added flavoring or coloring. PERMITTED forms: tablets, capsules, tinctures, oils, topicals, transdermal patches, nebulizer liquids, and suppositories. Medical patients (certified) may possess up to 5 ounces of cannabis under Initiative 437. No adult-use market exists. | [19] |
Taxation
Initiative 438 created no cannabis-specific excise tax and no potency tax. Whether Nebraska's ordinary state sales tax would apply to medical cannabis sales is not settled in a fetchable primary source. No legal sale has occurred, so the program is pre-revenue and there is no cannabis tax revenue to report. These figures are not available because the activity does not yet exist, not because they are unpublished.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | none | [20] |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [21] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | Not available in the public record | — |
| Medical tax exempt | Not available in the public record | — |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | No | [22] |
| Tax direction | unchanged | [23] |
Operator Data
No legal cannabis sale has occurred in Nebraska, so total sales, per-capita sales, year-over-year growth, wholesale volume, and operator margins are not available — the figures do not yet exist rather than being unpublished. Four cultivation licenses were awarded on October 7, 2025; that figure is both the regulatory cap and the peak, and no license attrition is recorded. No public primary source confirms active cultivation. The state publishes no wholesale price index, and with no operating market there is no price series to report.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | 4 | [24] |
| Current cultivation licenses | 4 | [25] |
Consumer Data
No legal cannabis sale has occurred in Nebraska, so per-capita sales are not available — the activity does not yet exist. There are 0 operating dispensaries per 100,000 residents. No published estimate quantifies legal-market capture for Nebraska; with no licensed sales channel, consumption met by licensed retailers cannot be stated from public sources, and no retail price trend exists to report.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | 0 | [6] |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Nebraska's medical program contains no social-equity license category, no equity fund, and no community-reinvestment mechanism. The 2024 initiatives created no expungement or record-clearing program for prior cannabis convictions; Initiative 437 provides only prospective possession protection for certified patients. Figures for equity-designated licenses, minority and women ownership, and fund disbursement are therefore not applicable, as no such program exists.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [27] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [28] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [29] |
| Expungement automatic | Not available in the public record | — |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
The Commission regulations require lab testing and seed-to-sale tracking, but the specific tracking vendor, the count of mandatory testing analytes, and the per-batch testing cost are not available in a fetchable primary source. The Nebraska Medical Cannabis Commission has five members — the three Liquor Control Commission members plus two gubernatorial appointees, each paid $12,500 per year — but full-time regulatory staffing and the program budget are not in the public record. Inspection counts, enforcement actions, product recalls, and the fine schedule are not available. This section is therefore largely not available, both because the regulator does not report these figures in a sourceable form and because the program is pre-operational, with no licensees yet to inspect.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Not available in the public record | — |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Outside the certified-patient protection created by Initiative 437, Nebraska's cannabis penalties are unchanged by the 2024 initiatives, and no penalty was increased. The net direction is lighter, narrowly: a certified patient or caregiver may possess up to 5 ounces without criminal penalty, while penalties for everyone else under Neb. Rev. Stat. § 28-416 remain in force. Possession of more than 1 pound — 453.592 grams — is a Class IV felony carrying up to 2 years and a $10,000 fine; more than 1 ounce up to 1 pound is a Class III misdemeanor; 1 ounce or less is a $300 infraction on a first offense. Manufacture, distribution, or sale of any amount of cannabis is a Class III felony carrying up to 20 years and a $25,000 fine, with enhancements to a Class II felony for sale to a minor or within 1,000 feet of a school and to a Class ID felony on a subsequent offense. Unlicensed cultivation is prosecuted by aggregate weight on the same manufacture-and-distribution track. Nebraska sets no per se THC blood limit for impaired driving, relying on an impairment standard. The 2024 initiatives created no expungement program. There were 3,724 cannabis arrests in calendar-year 2024, the most recent year reported by federal data compiled by NORML, which carries a NIBRS undercount caveat; nearly all of that year predates the December 2024 patient protection. An ACLU of Nebraska analysis of 2018 federal arrest data found Black Nebraskans approximately three times more likely than white Nebraskans to be arrested for cannabis possession.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Cultivation outside the licensed medical program is prosecuted under Neb. Rev. Stat. § 28-416 by aggregate weight on the manufacture/distribution track: manufacture/distribution of any amount of marijuana is a Class III felony punishable by up to 20 years imprisonment and a $25,000 fine. There is no legal home cultivation in Nebraska. (§ 28-416, § 28-105) | [30] |
| Max penalty, unlicensed sale | Sale/distribution/manufacture of any amount of marijuana is a Class III felony: up to 20 years imprisonment and a $25,000 fine (Neb. Rev. Stat. § 28-416(2)). Enhanced penalties apply for sale to a minor or within 1,000 ft of a school: first offense Class II felony (1-50 years); subsequent offense Class ID felony (3 years mandatory minimum to life). Sale/manufacture of hashish/concentrate is a Class IIA felony (up to 20 years, $25,000). | [31] |
| Felony threshold (grams) | 453.592 | [32] |
| Felony threshold type | possession | [33] |
| Penalty, possession over limit | For non-patients, possession of more than 1 pound (453.592 g) of marijuana is a Class IV felony (up to 2 years imprisonment, $10,000 fine); more than 1 oz to 1 lb is a Class III misdemeanor (up to 3 months, $500); 1 oz or less is an infraction ($300 fine, first offense) (Neb. Rev. Stat. § 28-416). A certified medical patient possessing more than the 5-ounce statutory limit loses Initiative 437 protection and is charged by weight under § 28-416. | [34] |
| Penalty, public consumption | Not available in the public record | — |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [35] |
| Penalties increased post-legalization | No | [36] |
| Penalty direction | lighter | [37] |
| Penalty direction details | Initiative 437 (Nebraska Medical Cannabis Patient Protection Act, effective Dec 10, 2024) is self-executing and created a NEW legal protection: a certified patient (or caregiver) may possess up to 5 ounces of cannabis without criminal penalty. No marijuana criminal penalty was INCREASED. Recreational/non-patient penalties under § 28-416 are unchanged (possession of 1 oz or less remains a $300 infraction; sale of any amount remains a Class III felony). The change is therefore 'lighter' but narrowly limited to certified medical patients. | [38] |
| Post-legalization arrests (annual) | 3724 | [39] |
| Racial disparity ratio | 3 | [40] |
| Expungement exists | No | [29] |
| Expungement automatic | Not available in the public record | — |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), State of Nebraska https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Nebraska https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Underlying vintages: Census Vintage 2024 population; NMCC emergency regulations (Gov. Pillen signed June 29, 2025; revised regs advanced Sept 2025); 4 cultivation licenses awarded Oct 7, 2025; LB 1235 enacted ~April 1, 2026; FBI UCR/NIBRS arrests through CY2024; licensing status per cann.dev May 2026.
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates (NST-EST2024-POP), Nebraska resident population July 1, 2024 = 2,005,465 https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ [SECONDARY] cann.dev, 'Nebraska Medical Cannabis Licensing Update' (May 2026): all 4 cultivation licenses issued, including Patrick Thomas (Raymond) and Midwest Cultivators Group LLC (Omaha), awarded Oct 7, 2025; corroborated by Nebraska Examiner. Underlying primary: Nebraska Medical Cannabis Commission licensing decisions https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ CALC: 0 operational dispensaries / (2,005,465 / 100,000) = 0. No medical cannabis dispensary is licensed or open in Nebraska as of June 2026 (dispensary licensing round not yet held) https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ [SECONDARY] cann.dev (May 2026): the dispensary licensing round has not been held; no dispensary licenses awarded as of May 11, 2026 (regulations cap dispensaries at 12, one per judicial district). Underlying primary: NMCC https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ [SECONDARY] cann.dev (May 2026): zero dispensaries open or operating in Nebraska; manufacturer, transporter, and dispensary rounds remain unscheduled https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ [SECONDARY] Nebraska Public Media / Nebraska Examiner reporting on the NMCC emergency regulations: vertical integration is prohibited; separate license categories for cultivation (4), product manufacturing (4), dispensary (12), and transporter (12). Underlying primary: NMCC emergency regulations https://nebraskapublicmedia.org/en/news/news-articles/nebraska-medical-cannabis-commission-approves-emergency-regulations/
- ↑ [SECONDARY] Nebraska Public Media / Nebraska Examiner on NMCC regulations: statewide caps of 12 dispensary licenses (one per judicial district), 4 cultivation, 4 product manufacturing, and 12 transporter licenses. Underlying primary: NMCC emergency regulations https://nebraskapublicmedia.org/en/news/news-articles/nebraska-medical-cannabis-commission-approves-emergency-regulations/
- ↑ [SECONDARY] cann.dev / Nebraska Examiner on NMCC regulations: at least 51% of license ownership must be held by U.S. citizens who have been Nebraska residents for four consecutive years. Underlying primary: NMCC emergency regulations https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ [SECONDARY] cann.dev / Nebraska Examiner: four consecutive years (48 months) of Nebraska residency required for the 51%+ ownership stake. Underlying primary: NMCC emergency regulations https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ Initiative 437 (Nebraska Medical Cannabis Patient Protection Act) and the Regulation Act do not authorize home cultivation; patients may possess (up to 5 oz) but not grow. [SECONDARY] Marijuana Policy Project, 'Nebraska Medical Cannabis Laws FAQs.' Underlying primary: Neb. Rev. Stat. §§ 71-24,103 to 71-24,111 https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ [SECONDARY] Marijuana Policy Project FAQ: caregivers may assist/deliver to patients, but no commercial retail home-delivery channel is authorized; transporter licenses (12) are for B2B transport between licensees, not consumer delivery https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ No licensed dispensaries are open, so no commercial cannabis delivery operates in Nebraska as of June 2026 https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ Nebraska's medical program has no on-site/social-consumption license category; the regulations bar smoking and vaporization of cannabis entirely. [SECONDARY] Marijuana Moment on NMCC emergency rules https://www.marijuanamoment.net/nebraska-medical-marijuana-regulators-approve-emergency-rules-banning-flower-access-for-patients/
- ↑ No consumption-venue category exists and no dispensaries are open; count = 0 https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ [SECONDARY] Marijuana Moment / Nebraska Public Media on NMCC emergency regulations: smokable raw flower, all smokable/vaporizable products, and conventional infused foods/drinks are prohibited; only non-inhaled forms (tablets, capsules, tinctures, oils, topicals, patches, nebulizer liquids, suppositories) are permitted. Underlying primary: NMCC emergency regulations https://www.marijuanamoment.net/nebraska-medical-marijuana-regulators-approve-emergency-rules-banning-flower-access-for-patients/
- ↑ [SECONDARY] Marijuana Moment / Nebraska Public Media / cann.dev on NMCC emergency regulations: BANS raw/smokable flower, anything smoked or vaporized, products with added flavoring or coloring, and cannabis-infused foods/drinks (traditional edibles). PERMITS tablets, capsules, tinctures, oils, topicals, transdermal patches, nebulizer liquids, suppositories. Medical possession limit 5 oz under Initiative 437. Underlying primary: NMCC emergency regulations + Neb. Rev. Stat. § 71-24,103 et seq https://www.marijuanamoment.net/nebraska-medical-marijuana-regulators-approve-emergency-rules-banning-flower-access-for-patients/
- ↑ Initiative 438 (Nebraska Medical Cannabis Regulation Act) created no cannabis-specific excise or potency tax; the Act establishes only licensing fees and the Commission's fee authority. [SECONDARY] Marijuana Policy Project, 'Nebraska Medical Cannabis Laws FAQs.' Underlying primary: Neb. Rev. Stat. §§ 71-24,103 to 71-24,111 https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ No cannabis-specific or potency-based tax exists in Nebraska's medical program (Initiative 438 created none). [SECONDARY] MPP FAQ; underlying primary Neb. Rev. Stat. § 71-24,103 et seq https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ No cannabis-specific tax has been created or changed; Initiative 438 imposed no excise tax and the program is pre-revenue (no dispensaries open) https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ No cannabis-specific tax exists; treatment is unchanged (none) https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ [SECONDARY] cann.dev (May 2026): 4 cultivation licenses is the regulatory cap and the peak (all 4 awarded Oct 7, 2025). Underlying primary: NMCC https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ [SECONDARY] cann.dev (May 2026): 4 cultivation licenses currently issued (the statutory/regulatory cap), awarded Oct 7, 2025. Underlying primary: NMCC https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ CALC: 0 operational dispensaries / (2,005,465 / 100,000) = 0 https://www.cann.dev/nebraska-medical-cannabis-licensing-may-2026/
- ↑ Nebraska's medical program (Initiatives 437/438, NMCC regulations) contains no social-equity license category, equity fund, or community-reinvestment mechanism. [SECONDARY] MPP, 'Nebraska Medical Cannabis Laws FAQs.' https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ No dedicated cannabis social-equity fund exists in Nebraska. [SECONDARY] MPP FAQ https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ Nebraska's 2024 cannabis initiatives created no expungement or record-clearing program for prior marijuana convictions; Initiative 437 provides only prospective patient possession protection. [SECONDARY] MPP, 'Nebraska Medical Cannabis Laws FAQs.' Underlying primary: Neb. Rev. Stat. § 71-24,103 et seq https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ Neb. Rev. Stat. § 28-416(2) — manufacture/distribution of any amount of marijuana (the track used for unlicensed cultivation by aggregate weight) is a Class III felony, up to 20 years and $25,000; § 28-105 penalty classes. [SECONDARY] NORML, 'Nebraska Laws and Penalties,' citing § 28-416 https://norml.org/laws/nebraska-penalties-2/
- ↑ Neb. Rev. Stat. § 28-416(2) — sale/distribution of any amount of marijuana is a Class III felony (up to 20 years, $25,000); enhanced to Class II felony (1-50 years) for sale to a minor / within 1,000 ft of a school, and Class ID felony (3 years-life) on a subsequent offense; § 28-105 classes. [SECONDARY] NORML, citing § 28-416 / § 28-105 https://norml.org/laws/nebraska-penalties-2/
- ↑ Neb. Rev. Stat. § 28-416 — possession of more than 1 pound (453.592 g) of marijuana is a Class IV felony; 1 oz-1 lb is a Class III misdemeanor; 1 oz or less is an infraction. [SECONDARY] NORML, 'Nebraska Laws and Penalties,' citing § 28-416 https://norml.org/laws/nebraska-penalties-2/
- ↑ Neb. Rev. Stat. § 28-416 — the 1-pound felony threshold recorded here applies to simple possession. [SECONDARY] NORML, citing § 28-416 https://norml.org/laws/nebraska-penalties-2/
- ↑ Neb. Rev. Stat. § 28-416 — possession >1 lb = Class IV felony (2 yrs, $10,000); >1 oz-1 lb = Class III misdemeanor (3 mo, $500); =<1 oz first offense = $300 infraction. A certified patient over the 5-oz Initiative 437 limit loses protection and is charged by weight. [SECONDARY] NORML, citing § 28-416 https://norml.org/laws/nebraska-penalties-2/
- ↑ Nebraska has no per se THC blood limit and no marijuana zero-tolerance DUI statute; cannabis DUI is impairment-based under Neb. Rev. Stat. § 60-6,196. [SECONDARY] NORML drugged-driving / Nebraska penalties https://norml.org/laws/nebraska-penalties-2/
- ↑ No marijuana criminal penalty was increased after the 2024 medical initiatives; Initiative 437 only added a patient-possession protection. [SECONDARY] MPP, 'Nebraska Medical Cannabis Laws FAQs.' https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ Initiative 437 (effective Dec 10, 2024) created a new legal protection for certified patients (possession up to 5 oz); no penalty was increased and recreational penalties are unchanged. Net direction is 'lighter,' narrowly for patients. [SECONDARY] MPP FAQ; underlying primary Initiative 437 https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ Initiative 437, the Nebraska Medical Cannabis Patient Protection Act, is self-executing and took effect Dec 10, 2024 (Gov. Pillen's certification proclamation); it lets a certified patient/caregiver possess up to 5 oz without penalty. Recreational penalties under § 28-416 are unchanged. [SECONDARY] MPP FAQ + Nebraska Public Media https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/
- ↑ [SECONDARY] NORML, 'Nebraska Marijuana Arrests,' compiling FBI UCR/NIBRS — 3,724 marijuana arrests in CY2024 (most recent year; NIBRS undercount caveat). Underlying primary: FBI UCR/NIBRS https://norml.org/laws/nebraska-marijuana-arrests/
- ↑ [SECONDARY] ACLU of Nebraska, 'Black People Still Three Times More Likely to Get Arrested for Marijuana in Nebraska' — Black Nebraskans ~3x more likely than white Nebraskans to be arrested for marijuana possession (ACLU analysis of 2018 FBI arrest data; 2023 legislative testimony cited ~4x). Underlying primary: FBI UCR arrest data https://www.aclunebraska.org/en/press-releases/black-people-still-three-times-more-likely-get-arrested-marijuana-nebraska