While many states have legalized marijuana (either recreationally or medicinally), it is still illegal in Nebraska. Penalties vary in Nebraska by the amount of marijuana possessed and whether it is “leafy green” versus “concentrated” or “synthetic” marijuana (think vapes, edibles, pills, tinctures, and all other forms than leafy green cannabis). If you would prefer to watch a video breaking this down rather than reading, here is a link to our YouTube Channel: https://youtu.be/BX7ATvOgJ98?si=mPI7W5rvFsGS3XgW
Possession of Marijuana, One Ounce or Less
In Nebraska, if you are caught in possession of one ounce or less of leafy green marijuana, these are the penalties you are facing:
First Offense: Infraction (same as speeding ticket) and a $300 fine.
Second Offense: Class 4 Misdemeanor, $400 fine, imprisonment not to exceed five days.
Third (or subsequent) Offense: Class 3A Misdemeanor, $500 fine, imprisonment not to exceed seven days.
Possession of Marijuana, More than an Ounce but Less than a Pound:
In Nebraska, if you are caught in possession of more than an ounce, but less than a pound of marijuana, then you are facing a Class 3 Misdemeanor, punishable by a $500 fine and up to 3 months in jail. Depending on the amount of marijuana, how it is packaged, and other evidence, prosecutors could charge you with possession with the intent to distribute (more on that later).
Possession of More than a Pound of Marijuana:
In Nebraska, if you are caught with more than a pound of marijuana, you are facing a Class 4 Felony. This is punishable by up to 2 years in prison, a $10,000 fine, or both. Similar to the previous paragraph, depending on the amount of marijuana, how it is packaged, and other evidence, prosecutors could charge you with possession with the intent to distribute.
Possession with the Intent to Distribute Marijuana
This is the most severe penalty for being caught with marijuana in Nebraska. If Prosecutors feel that you are selling marijuana, they can charge you with a Class 2A Felony, which is punishable by up to 20 years in prison. To determine if you are selling, Prosecutors and cops will look at the amount, how it’s packaged, if there are scales, and even your cell phone text messages. At Liberty Law, we’ve seen anything from as low as a few ounces to as high as over 1,300 pounds of marijuana be charged in this category. There is no hard and fast rule as to when Prosecutors will charge you with possession with the intent to distribute.
Additionally, if you are caught “manufacturing”, or growing, marijuana, you will charged with a Class 2A Felony as well.
Synthetic or Concentrated THC (Vapes, Edibles, Tinctures, Pills, Etc)
While the penalties for “leafy green” marijuana are uniform, counties in Nebraska vary widely how they treat synthetic or concentrated THC products. Some counties will treat these edibles as “hashish or concentrated THC” and charge you with a Class 4 Felony for even a single edible! Other counties, however, will treat all products containing THC the same and charge it by weight.
Other Consequences:
At Liberty Law, we look at not only the short term penalties (fines, jail), but we look at the long term effects of a drug conviction. These include being ineligible to obtain a concealed carry permit, being ineligible for jobs, being unable to obtain professional licenses, and even could affect your ability to obtain student loans.
If you or a loved one has been charged with possession of marijuana, give the experienced criminal defense lawyers at Liberty Law a call today: 402-865-0501.
