Best Cannabis Law Lawyers in Nebraska

About Cannabis Law in Nebraska, United States

Cannabis law in Nebraska is among the strictest in the country. While many states have legalized the use of marijuana for medical or recreational purposes, Nebraska continues to classify cannabis as an illegal substance. Both the possession and sale of marijuana are prohibited under state law, and there are no medical marijuana provisions. Hemp-derived products containing less than 0.3 percent THC are legal following changes in federal law, but anything above this threshold is treated as marijuana and remains illegal. Navigating these laws can be complicated, and the penalties for violations can be severe.

Why You May Need a Lawyer

Individuals may require legal assistance with cannabis law in Nebraska for a variety of reasons. Common situations include being charged with possession, sale or distribution of marijuana, or dealing with accusations involving paraphernalia. Students, parents, and even travelers may be caught unaware by the state's policies. Employers and landlords must also comply with state and federal regulations regarding cannabis. Given the strict enforcement and potential consequences, consulting a lawyer is important if you are facing criminal charges, have had property seized, experienced employment consequences, or are confused about the status of CBD or hemp-derived products in your business or personal life.

Local Laws Overview

Nebraska's cannabis laws, as outlined in the Nebraska Revised Statutes, make it illegal to possess, use, sell, or cultivate marijuana for any purpose. Possession of one ounce or less is considered an infraction for a first offense and may result in a fine but not jail time. Subsequent offenses, or possession of larger amounts, escalate to misdemeanors or felonies with more severe penalties, including possible incarceration. Distribution, sale, or cultivation are felony offenses, regardless of quantity. Nebraska does allow for hemp-derived cannabidiol (CBD) if it contains less than 0.3 percent THC. However, all products and activities must strictly comply with both state and federal law.

Frequently Asked Questions

Is recreational marijuana legal in Nebraska?

No, recreational marijuana remains illegal in Nebraska. Possession, sale, and cultivation are all prohibited under state law.

Can I use medical marijuana in Nebraska?

Nebraska does not currently have a medical marijuana program. Any use of marijuana, even for medical reasons, is illegal.

Are CBD products legal in Nebraska?

CBD products are legal only if they are derived from hemp and contain less than 0.3 percent THC. Products exceeding the threshold are considered marijuana and are illegal.

What are the penalties for marijuana possession?

Possession of one ounce or less is an infraction for a first offense and punishable by a fine. Subsequent offenses or larger amounts can lead to misdemeanor or felony charges, fines, and jail time.

Can I grow cannabis plants for personal use?

No, cultivating marijuana plants for any purpose is strictly prohibited in Nebraska and considered a felony offense.

What should I do if I am arrested for marijuana possession?

You should request to speak with a lawyer as soon as possible and avoid making any statements to law enforcement officers without legal representation.

Is marijuana paraphernalia legal in Nebraska?

Possession of marijuana paraphernalia is also illegal and can result in additional charges or penalties.

Can I be fired for using cannabis outside of work?

Yes, employers in Nebraska may terminate employees for marijuana use, even if used off duty. There are no legal protections for cannabis users.

Are edibles or infused products legal?

No, edibles and all other infused cannabis products are illegal under Nebraska law.

What is the status of marijuana legalization in Nebraska?

Efforts to legalize medical or recreational marijuana have so far failed to change existing laws. It remains illegal state-wide, though advocacy continues.

Additional Resources

For more information and assistance with cannabis-related legal issues in Nebraska, you can consult the following resources:

• Nebraska Revised Statutes - Covers all current marijuana laws and penalties
• Nebraska Judicial Branch - Provides information about the court system and public legal resources
• Nebraska State Bar Association - Can help you find a qualified attorney
• Nebraska Department of Agriculture - Information on hemp cultivation and regulations
• American Civil Liberties Union (ACLU) of Nebraska - Advocacy and legal rights assistance

Next Steps

If you are facing a legal issue related to cannabis in Nebraska, it is important to seek professional legal advice promptly. Start by collecting all relevant documents and details about your situation. Reach out to a qualified criminal defense lawyer or an attorney experienced in cannabis law. Many law firms offer free consultations to help you understand your options. Stay informed about your rights and always comply with current laws while your case is pending or under investigation. Acting quickly with professional guidance can make a significant difference in the outcome of your case.