While Nebraska has shown potential for easing cannabis laws in the past, recreational and medical cannabis continues to be illegal. The state did, however, decriminalize small possession of up to 1 ounce.
CBD from Hemp Oil in Nebraska
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in Nebraska
Unfortunately, the state of Nebraska is yet to approve any medical Cannabis laws. A medical cannabis initiative to amend the state’s constitution to legalize cannabis for patients with debilitating medical conditions failed to acquire the necessary signatures to make the November 2016 ballot. In 2015, the Legislature introduced a medical cannabis bill, LB 643, but the session ended without the lawmakers taking any action. Unfortunately, since that time the makeup of the Senate has fewer medical cannabis supporters and Gov. Pete Ricketts has been a vocal opponent to medical cannabis in the past.
Recreational Cannabis in Nebraska
In a progressive move, the state of Nebraska has decriminalized the possession of a small amount of cannabis. First offense possession of 1 ounce or less of cannabis is subject to an infraction and punishable by a fine of up to $300 and a possible drug education course.
The leniency ends there in the state of Nebraska. Second offense possession of up to 1 ounce is a misdemeanor, but carries just a $400 fine and up to five days in jail. Third offense possession is also a misdemeanor and subject to up to a week in jail and a fine of up to $500. Possession of greater amounts is punished more seriously, with up to a pound being charged as a misdemeanor, punishable with up to 3 months in jail and a $500 fine. Possession of more than a pound is a felony, punishable with up to 5 years of jail time and a $10,000 fine.
Cultivation of Cannabis in Nebraska
The personal cultivation of cannabis is prohibited in Nebraska. However, in 2014, Nebraska lawmakers passed LB 1001 to classify industrial hemp as an agricultural product. Under the law, cannabis with less than 0.3% THC is considered industrial hemp and exempt from the state’s controlled substances act. The policy also gives the Department of Agriculture and universities the ability to cultivate hemp as part of a pilot program.