In recent years there has been a growing movement in the United States aimed at decriminalizing marijuana and/or allowing the medicinal use of marijuana. The State of Nebraska is among the growing number of states that have decriminalized the possession of small amounts of marijuana for personal use. The sale of marijuana, however, is still considered a serious crime in the State of Nebraska. If you use marijuana you need to know what the punishment for the possession or sale of marijuana in Nebraska is so that you can avoid putting yourself in jeopardy of being convicted of a serious crime.
Nebraska Revised Statute 28-416 is where the prohibitions against the possession of large amounts of marijuana or the sale of any amount of marijuana can be found. According to the statute, the following penalties apply to possession of marijuana:
- Less than one ounce (first offense) – an infraction, meaning it is not considered a crime and, therefore, you can only be charged a fine of $300.
- Less than one ounce (second offense) – charged as a Class IV misdemeanor with a penalty of up to five days in jail and a fine of $400.
- Less than one ounce (third offense) – charged as a Class IIIA misdemeanor with a penalty of up to seven days in jail and a fine of $500.
- More than once ounce – charged as a Class IV felony with a potential penalty of up to three months in jail.
As you can see, the potential penalties for possession of marijuana in Nebraska are relatively minor; however, the sale of marijuana remains a major offense in Nebraska. The sale of marijuana in any amount is charged as a felony and carries with it anywhere from one year to 20 years in prison if convicted. If the sale is to a minor the minimum prison sentence is increased to three years. Likewise, if the sale took place within 1000 feet of a school or certain other designated areas, the potential prison term is increased to a minimum of three years and a maximum of 50 year.
If you have been charged with the possession or sale of marijuana in the State of Nebraska it is in your best interests to consult with an experienced Nebraska criminal defense attorney about the potential penalties. Frequently, the judicial penalties of a conviction are not nearly as serious as the non-judicial penalties, such as lost employment opportunities.
Contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.