In the state of Nebraska, the penalties associated with a marijuana charge may depend on the amount that was allegedly in possession as well as the number of convictions a defendant has had on their record. Moreover, a defendant may or may not face jail time based on the type of charge that was filed against them.
First-time offenders who are charged with possessing less than one ounce of marijuana may not face any jail time since the state has decriminalized cannabis to a certain extent. Second- and third-time offenses are considered misdemeanors, and the amount of time spent behind bars as well as the fines associated with the charges increases.
Carrying more than an ounce of marijuana but less than one pound is a misdemeanor with a possible prison sentence of up to three months and a maximum fine of $500. The penalties for cultivation, based on the aggregate weight of plants, are the same as those for possession.
The sale of any amount of marijuana carries a mandatory minimum jail sentence of one year, although terms of up to 20 years are possible. The highest penalties are reserved for drug crimes involving the sale of marijuana within 1,000 feet of a school or between 100 and 1,000 feet of other designated areas.
THC concentrates and hashish are Schedule 1 controlled substances. Possessing hash is a Class IV felony, while the sale, manufacture or possession with intent to sell are Class III felonies. There are no mandatory minimum sentences for crimes involving these controlled substances.
Regardless of consequences one may face, these laws do not reflect specific legal advice. Criminal convictions could negatively affect a defendant’s personal life; an attorney may be able to work with their client in order to mitigate these offenses.
Source: NORML, “Nebraska Laws & Penalties“, September 16, 2014
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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