Nebraska Laws on Possession of Marijuana
While marijuana is legal just across the Colorado border, it is still illegal in Nebraska.
Law enforcement is vigorously enforcing marijuana laws and has found that it is easy and lucrative to target drivers entering Nebraska.
Drivers along Interstate 80 with non-Nebraska plates are especially targeted by law enforcement.
There are a variety of inconsistent statutes that govern possession of marijuana oftentimes leading people to ask “Is marijuana legal in Nebraska?”
If you were charged with possession of marijuana, please contact the experienced criminal defense attorneys at Petersen Criminal Law Defense today. We will schedule a free case evaluation.
Charged with Possession of Marijuana?
Submit the short form below to set up a consultation.
Nebraska Criminal Charges for the Possession of Marijuana
According to Nebraska Revised Statute 28-416, anyone in possession of marijuana will be charged as follows depending on the weight of drugs involved:
- Anyone intentionally or knowingly possessing less than one pound but more than one ounce of marijuana will be charged with a Class III misdemeanor;
- Anyone intentionally or knowingly possessing more than one pound of marijuana will be charged with a Class IV felony;
- Anyone intentionally or knowingly possessing one ounce or less of marijuana will be charged with an infraction for the first offense;
- Anyone intentionally or knowingly possessing one ounce or less of marijuana will be charged with a Class IV misdemeanor for the second offense; and
- Anyone intentionally or knowingly possessing one ounce or less of marijuana will be charged with a Class IIIA misdemeanor for the third and subsequent charges.
Nebraska Penalties for a Conviction of Possession of Marijuana
If you are convicted of the possession of marijuana in Nebraska, you could receive the following punishments under the state of Nebraska marijuana laws.
Depending on the circumstances of your conviction, these punishments could be less to more severe.
- Class III Misdemeanor Possession of Marijuana (less than one pound but more than one ounce): You will be fined up to $500 and/or may serve up to three months in prison.
- Class IV Felony Possession of Marijuana (more than one pound of marijuana): You will be fined up to $10,000 and/or serve up to five years in prison.
- First Offense Infraction for Possession of Marijuana (an ounce or less of marijuana): You will receive a citation, be fined three hundred dollars, and you may be required to attend a course related to the effects of misuse of drugs such as marijuana.
- Second Offense Class IV Misdemeanor (an ounce or less of marijuana): You will receive a citation, be fined four hundred dollars, and may be sentenced to prison for up to five days.
- Third Offense Class IIIA Misdemeanor (an ounce or less of marijuana): You will receive a citation, be fined five hundred dollars, and be sentenced to prison for up to seven days.
Penalties for Possession of Dabs in Nebraska
You can see that small amounts of Marijuana are decriminalized, and larger amounts carry the little real possibility of jail until you possess more than a pound.
However, hash oil, or dabs, is considered a concentrated derivative and is charged as a Class III felony.
Class III felonies carry a minimum of one year in prison and up to twenty plus a $10,000 fine. The amount of hash oil does not matter.
Contact Nebraska Petersen Criminal Law to Speak with an Experienced Marijuana Defense Attorney
You have legal rights. If you have been arrested for possession of marijuana, you may have a valid legal defense to your arrest.
Contact the experienced criminal defense lawyers at Petersen Criminal Law Defense online today or call 402-509-8070 for a free case evaluation.