Petersen Law was voted Best of Omaha for 2018 for the 7th year in a row. Each year, consumers in Omaha vote for their favorite businesses. Tom Petersen received the Best Attorney-DUI award. Thank you Omaha!
Thomas M. Petersen was selected as one of the top 50 DUI Lawyers in Nebraska for the 5th year in a row by the National Advocacy for DUI Defense.
Tom Peterson was selected as a Top 100 Trial Lawyer by The National Trial Lawyers. Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers.
Tom Petersen is a participating member of the National Association of Criminal Defense Lawyers. The NACDL is the foremost legal fraternity on criminal defense.
While marijuana is legal just across the Colorado boarder, it is quite illegal in Nebraska. Law enforcement is vigorously enforcing marijuana laws and has found that it is easy and lucrative to target drivers entering Nebraska. They also target drivers along Interstate 80 with non-Nebraska plates. There are a variety of inconsistent statutes that govern possession of marijuana.
Nebraska Criminal Charges for the Possession of Marijuana
According to Nebraska Revised Statute 28-416, anyone in possession of marijuana will be charged as following 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 state law. 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 of 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 of less of marijuana): You will receive a citation, be fined four hundred dollars, and you may be sentenced to prison for up to five days.
- Third Offense Class IIIA Misdemeanor (an ounce of less of marijuana): You will receive a citation, be fined five hundred dollars, and be sentenced to prison for up to seven days.
Hash Oil is More Serious
You can see that small amounts of Marijuana are decriminalized, and larger amounts carry little real possibility of jail until you possess more than a pound. However, hash oil 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 Petersen Criminal Law to Speak with an Experienced Marijuana Defense Attorney
You have legal rights! If you have been arrested for possession of marijuana during an Interstate 80 Traffic Stop, you may have a valid legal defense to your arrest. Contact at 402-509-8070 for a free case evaluation.
