Is weed legal in Nebraska?
No. Both medical and adult-use marijuana have been illegal in Nebraska since 1927.
A first offense of possession of 1 ounce or less of cannabis is considered an infraction, punishable by a fine of up to $300 and an order to attend a drug-abuse education course. Larger amounts or subsequent offenses can incur more severe penalties.
In the early 1900s, marijuana prohibition swept the nation. Nebraska joined three other states that banned the plant in 1927.
After the 2014 US Farm Bill allowed farmers to grow hemp with less than 0.3% THC as part of a pilot program, Nebraska passed LB 1001. Also known as the Nebraska Hemp Farming Act, LB 1001 was signed into law in May 2019. It allowed for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture. CBD that is derived from the marijuana plant is still considered illegal in the state and federally, unless it meets Food and Drug Administration (FDA) requirements such as in prescription formulations.
After years of failed attempts by state lawmakers to pass medical marijuana legislation, in 2020 a citizens’ initiative gathered more than 180,000 signatures (only 121,000 were needed) and was set to appear on the ballot. But a sheriff in Lancaster county filed a challenge on a technicality. The state disagreed but the issue went to the Nebraska Supreme Court, which ruled in favor of the sheriff, removing the measure from the 2020 ballot. Supporters of the bill immediately filed an initiative for the 2022 election.