Omaha Criminal Defense Law Blog

What You Should Know About Medical Marijuana in Nebraska Marijuana is illegal in 16 states, including Nebraska. Recent attempts to legalize medical marijuana have left many wondering, is medical marijuana legal in Nebraska? Medical marijuana is still illegal in Nebraska. However, several initiatives to change the law are in the works. If successful, these changes could allow patients to use marijuana for medicinal purposes. Current Status of Medical Marijuana in Nebraska  The first possible source of change to Nebraska medical marijuana laws is legislative bill 110 (LB110). The bill would allow patients suffering from certain conditions to use marijuana for

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Even though marijuana is legal across the state of Colorado, it is still considered an illegal substance in the state of Nebraska. Because marijuana is illegal in Nebraska, it’s best to leave your edibles in Colorado if you are traveling to Nebraska. Recently, Nebraska passed legislation to decriminalize some amounts of marijuana. However, Nebraska recognizes edibles as a THC concentrate because the edibles are made from hash oil and are not from the marijuana flower. Because Nebraska sees edibles as hash oil, the penalties for driving out of Colorado with edibles tend to be higher. If you were arrested for

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You should never mail a controlled substance, and that includes sending edibles to Nebraska or across any state lines. The USPS and all private mail services, no matter where you are from or where you are shipping to, are federally controlled and regulated entities. Any crime committed through the mail becomes a federal crime rather than a state crime. Federal mail crimes are laid out in US Code 1716. If you ship weed from Colorado and get caught, you could be prosecuted by the United States Government. You could also receive state charges depending on the amount of controlled substances

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Nebraska enacted its new hemp laws in May of 2019. The Hemp Farming Act, LB 657, promotes the “cultivation and processing of hemp” for commercial sale while also complying with federal laws regulation of controlled substances.  The law raises a new question for the hemp industry: Is hemp oil legal in Nebraska? The new Nebraska hemp laws do not appear to prohibit hemp oil or other hemp products with a THC content of 0.3% or less. However, this interpretation requires some further clarification from the Nebraska authorities. Overview of Nebraska’s Hemp Farming Act  LB 657’s stated purpose is to “[a]lign

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Colorado legalized marijuana in 2013 by constitutional amendment. Colorado regulates activities within the state, such as manufacturing marijuana products, distributor licensing, and transportation regulations. What happens when you leave Colorado with marijuana? Is the marijuana you legally obtained in Colorado still legal when you cross state lines?  Ultimately, driving weed out of Colorado is illegal under federal law.  You may also violate state laws if the state does not allow you to bring marijuana into the state. Driving out of Colorado with edibles, for example, is prohibited under federal law and driving into another state, like Nebraska, violates state law.  

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