is weed legal in nebraska

Is Weed Legal In Nebraska: Full Guide

Table of Contents

Nebraska is nicknamed after the state’s prominent agricultural industry, particularly corn.  The Cornhusker State is home to several noteworthy attractions, including Chimney Rock, Scotts Bluff National Monument, and the Henry Doorly Zoo in Omaha, one of the top zoos in the world. With so much open land you might think Nebraska is the perfect place for a giant field of marijuana. Is weed legal in Nebraska? Here’s what you need to know.

Is Weed Legal in Nebraska? Straight to the point.

  • Recreational THC: No
  • Medical THC: No
  • CBD: Yes
  • Delta-8: Yes

Weed is Illegal in Nebraska

In Nebraska, the use and possession of marijuana-derived THC is strictly prohibited by state law. This means that individuals who use or possess marijuana for recreational purposes can face severe legal consequences. Additionally, Nebraska is one of the very few states that has not adopted a medical marijuana program, making it difficult for individuals with chronic medical conditions to access the benefits of marijuana. 

Despite efforts by the Nebraska Voter Initiative Committee, which worked tirelessly to gather over 90,000 signatures to include two medical cannabis measures on the ballot in 2022, the initiatives ultimately failed. As a result, Nebraskans continue to face legal hurdles and limited access to marijuana for recreational and medical use.

Cannabinoid Variants

In addition to marijuana-derived cannabinoids, several hemp-derived cannabinoids have gained popularity for their therapeutic, medicinal, and recreational benefits. However, despite the federal legalization of hemp, states can independently regulate these cannabinoids. Find out how Nebraska views cannabinoids like CBD, Delta-8, Delta-10, THC-O, HHC, and HHC-O.

Is CBD legal in Nebraska?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. In short, you can possess, purchase, and consume CBD in the state of Nebraska.

Is Delta-8 legal in Nebraska?

Delta-8 THC is legal in Nebraska so long as it is hemp-derived and contains the legal limits of Delta-9 THC. Many consumers favor Delta-8 for its mild effects similar to Delta-9 but with less psychoactive intensity. Although naturally occurring, Delta-8 is present in such small quantities that it is commercially produced through a special isomerization process that begins with hemp-derived CBD extraction.

Is Delta-10 legal in Nebraska? 

Delta-10 is a cannabinoid present in trace amounts in the cannabis plant, capable of inducing a high similar to Delta-8. Despite conflicting state laws, Delta-10 THC is legal at the federal level in the United States, and is also legal in Nebraska. Nebraska has legalized all hemp products containing less than 0.3% Delta-9 THC.

Are THC-O and other THC variants legal in Nebraska? 

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

Are HHC and HHC-O legal in Nebraska?

HHC, or hydrogenated THC, and HHC-O, the acetate version of HHC, are both legally acceptable at the federal level and in the state of Nebraska, as long as their Delta-9 THC content remains within the legal threshold of 0.3%, as per the 2018 Farm Bill.

Cultivation Laws

Marijuana is illegal in Nebraska. The cultivation of any amount of marijuana comes with severe penalties. See below for more information. 

It is interesting to note that Nebraska has embraced hemp cultivation, opening up many opportunities for farmers to expand their agricultural efforts to incorporate this low-THC plant into their farmland. 

The Nebraska Department of Agriculture (NDA) established a state program to regulate the growing, processing, handling, and brokering of hemp in Nebraska. The legislation made it mandatory for interested individuals to obtain a license from the NDA to grow hemp, irrespective of the size or purpose for cultivation. It is unlawful to cultivate, process, handle, or broker hemp in Nebraska without a license from NDA or a USDA-approved hemp plan tribe.

Applications for each license type are available on the NDA website, and interested parties are advised to carefully read the application guidance before applying. Non-Nebraska residents can obtain a license, but the registered land area must be in Nebraska. Additionally, there is no limit to the number of acres of hemp that one can plant with a license, but a site registration fee is required for each cultivation site.

Where to Buy Weed in Nebraska

As Nebraska does not have a medical or recreational marijuana program, you will not come across dispensaries selling Delta-9 THC. However, numerous stores in the state offer a variety of Delta-8, Delta-10, and other alternative cannabinoid products, such as gummies and tinctures.

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

Direct to Consumer

Nebraskans who prefer less than 0.3% THC products can enjoy the convenience of shopping online and having their purchases delivered directly to their doorstep. However, it may be challenging to find local shops that offer delivery, and customers would need to inquire with each store individually. While Delta-8, Delta-10, and other products are legal in Nebraska, shipping them might be difficult. 

Since recreational use of Delta-9 is not allowed in Nebraska, some online companies may be unable to ship other products, just as they cannot ship Delta-9. Hence, customers may need to explore various online vendors to find one that ships to Nebraska.

Efforts to Legalize Weed in Nebraska

There are two legislative proposals in Nebraska aimed at legalizing the adult use of marijuana. LR2CA would allow voters to decide on legalizing marijuana for adult use, possession, and retail sale in the 2022 election. LB546 would permit adults to possess, cultivate, and purchase up to one ounce of marijuana, and would also establish a “clean slate relief” program for individuals with prior marijuana-related convictions. 

General FAQ

Where can you smoke weed in Nebraska? 

The straightforward answer is that it is illegal to possess or consume marijuana in Nebraska. So technically, you can’t smoke it anywhere.

Can you smoke weed in public in Nebraska? 

No, you may not! Because as we said before, it’s illegal in Nebraska.

Punishment for Illegal Acts FAQ

What are the penalties for growing weed?

If caught growing weed in Nebraska, the penalties can vary depending on the amount and type of drug involved. Typically, individuals can face a maximum of 20 years in prison and a fine of $10,000.

What are the penalties for selling, gifting, transporting, or importing weed?

If you’re caught selling, gifting, transporting, or importing weed in Nebraska, you could face serious penalties.
Selling any amount of weed is a Class III felony, which could result in a mandatory minimum sentence of 1 year and up to 20 years in prison, as well as a maximum fine of $25,000. And if you sell to a minor within 1,000 feet of a school or between 100-1,000 ft. of other designated areas, it’s considered a Class II felony with a mandatory minimum sentence of 1 year and up to 50 years in prison.

As for possession, having 1 ounce or less of weed is an infraction punishable by a maximum fine of $300. But if you’re caught with more than that, the penalties increase. Possession of more than 1 ounce up to 1 pound is a Class III misdemeanor with a maximum sentence of 3 months in prison and a maximum fine of $500. Possession of more than 1 pound is a Class IV felony, which could land you in prison for up to 5 years and a maximum fine of $10,000.

What is the penalty for selling to a minor?

Selling weed to a minor in Nebraska is a serious offense. If someone is caught selling marijuana to a minor within 1,000 feet of a school or between 100-1,000 feet of other designated areas, they can face a Class II felony charge. This charge carries a mandatory minimum sentence of 1 year in prison and a maximum sentence of 50 years imprisonment. It’s definitely not worth the risk!

What is possession with the intent to sell?

In Nebraska, possessing marijuana with the intent to distribute means having an amount of cannabis beyond what is reasonable for personal use and can exceed legal limits. This is considered a felony offense with severe penalties. If convicted, the punishment for possessing marijuana with the intent to distribute in Nebraska can range from one year to a maximum of 50 years in prison, depending on the quantity and context of the crime. Other legal ramifications and fines may also be applicable.

What are the penalties for possession for personal use?

In Nebraska, possessing one ounce or less of marijuana for personal use is considered an infraction, and you can get a maximum fine of $300. If it’s your second conviction for possession of one ounce or less, it’s a Class IV misdemeanor, which comes with a maximum fine of $500. If you get convicted for the third time or more, it becomes a Class IIIA misdemeanor, and you may face a maximum sentence of 7 days imprisonment and a fine of up to $500.

If you are caught with more than one ounce to one pound of marijuana, it’s a Class III misdemeanor, and you could spend up to 3 months in prison and pay a fine of up to $500. However, if you are caught with more than one pound of marijuana, it’s a Class IV felony, which could result in a maximum sentence of 5 years imprisonment and a fine of up to $10,000.

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