Nebraska Laws on Possession of Marijuana
As of the latest update, recreational marijuana remains illegal both in Omaha and the entire state of 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?”
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.
According to Nebraska state law, the possession of 1 ounce or less of marijuana is considered an infraction, leading to a maximum fine of $300 and a compulsory drug education course upon conviction. Subsequent violations of the same offense are classified as Class IV misdemeanors, with a maximum penalty of $500.
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.
How Can a Marijuana Defense Attorney Help You?
If you have been charged with dealing marijuana, it is in your best interest to retain the services of an experienced Nebraska marijuana defense attorney as soon as possible.
You may have a number of defenses available to you that could result in avoiding a conviction altogether.
For example, the police may have conducted an illegal search and seizure that led to your arrest. Until you consult with an experienced attorney you don’t know what legal options you may have.
Even if it appears that you cannot avoid a conviction, an experienced marijuana defense attorney might be able to negotiate a plea agreement that reduces the charges to which to plead guilty and/or leaves the option open to reduce your conviction after you complete your sentence.
Just accepting a conviction for a felony without exploring your options is never a wise idea.
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.