Last verified: May 2026
The 1978-1979 Origin
Nebraska enacted its decriminalization framework in 1978-1979, decades before the modern cannabis-reform movement. The legislature converted first-offense small-possession from a misdemeanor to an infraction punishable by citation and fine alone, sparing first-time offenders criminal records and incarceration. Nebraska is one of a handful of states (alongside Mississippi 1978, Maine 1976, Minnesota 1976, Ohio 1975, Colorado 1975) that adopted "decrim-lite" frameworks in the 1970s.
The Penalty Schedule
| Offense | Class | Maximum |
|---|---|---|
| 1 oz or less, 1st offense | Infraction | $300 fine, citation only, NO jail |
| 1 oz or less, 2nd offense | Class IV misdemeanor | $400 fine, up to 5 days jail |
| 1 oz or less, 3rd+ offense | Class IIIA misdemeanor | $500 fine, up to 7 days jail |
| More than 1 oz, up to 1 lb | Class III misdemeanor (§ 28-416(11)) | Up to 3 months / $500 |
| More than 1 lb | Class IV felony (§ 28-416(12)) | Up to 2 years prison + 12 mo post-release supervision / $10,000 |
| Concentrate, ANY amount | Class IV felony (§ 28-416(3)) | Up to 2 years / $10,000 |
| Cultivation (any amount, § 28-416(1)(a)) | Class IIA felony | Up to 20 years |
| Distribution / trafficking (Class IIA per § 28-416(2)(b)) | Class IIA felony | Up to 20 years |
| School-zone enhancement (within 1,000 ft of school, § 28-416(4)) | Enhanced | Mandatory minimum 1 year |
| Drug tax stamp violation (§§ 77-4301-77-4316) | Class IV felony | 100% tax penalty + criminal exposure |
| Paraphernalia possession (§ 28-441) | Infraction | $100 / $100-$300 / $200-$500 (1st / 2nd / 3rd) |
Source: Neb. Rev. Stat. § 28-416 and § 28-441. The "decrim-lite" infraction-not-misdemeanor framework for 1 oz first offense dates to 1978-1979. Concentrate (hash, hash oil, dabs, wax, vape cartridges with marijuana-derived oil) is a Class IV felony at any weight under § 28-416(3) Schedule I treatment — the critical distinction for anyone returning to Nebraska from Colorado or Missouri. The 5-ounce patient possession allowance under Initiative 437 protects qualified patients against possession charges; it does NOT authorize home cultivation, which remains a felony.
1st Offense: Infraction
Possession of 1 oz or less first offense is an infraction under § 28-416(13). $300 fine. Citation only — no jail. Court may order completion of a drug-education course under § 29-433. The infraction does not produce a criminal record.
2nd Offense Within Two Years: Class IV Misdemeanor
Possession of 1 oz or less second offense within two years = Class IV misdemeanor. $400 fine. Up to 5 days jail.
3rd or Subsequent Offense: Class IIIA Misdemeanor
Possession of 1 oz or less third or subsequent offense = Class IIIA misdemeanor. $500 fine. Up to 7 days jail.
The Plant-Form-Only Limitation
The "decrim-lite" infraction framework applies only to plant-form marijuana. Concentrates — hash, hash oil, dabs, wax, vape cartridges using marijuana-derived oil — are treated as Schedule I controlled substances under § 28-416(3) and possession of any amount is a Class IV felony, regardless of weight. This is a critical distinction for anyone returning to Nebraska from Colorado or Missouri with vape cartridges or edibles. See concentrate-felony page.
The Above-1-Oz Threshold
Possession of more than 1 ounce up to 1 pound = Class III misdemeanor under § 28-416(11), up to 3 months jail and $500 fine. Possession of more than 1 pound = Class IV felony under § 28-416(12), up to 2 years prison + 12 months post-release supervision and $10,000 fine. The 1-pound threshold is regularly hit in I-80 interdiction stops returning from Colorado dispensaries.
Drug Tax Stamp Add-On
Nebraska also requires a drug tax stamp under Neb. Rev. Stat. §§ 77-4301 to 77-4316. Failure to have stamps affixed is a separate Class IV felony with a 100% tax penalty, regularly tacked onto possession-with-intent charges in I-80 interdiction cases. See drug tax stamp page.
Drug-Education Course Under § 29-433
For first-offense infractions, the court may order the offender to complete a drug-education course under Neb. Rev. Stat. § 29-433. The course is typically 8-16 hours administered by a licensed substance-abuse provider. Course completion does not seal the infraction record, but a deferred prosecution outcome avoids any conviction-related collateral consequences (e.g., student-aid disqualification, professional-licensing impacts).
Diversion Programs
Several Nebraska counties (Lancaster, Douglas, Sarpy, Hall) operate pretrial diversion programs under § 29-3601 that may divert eligible defendants out of formal prosecution. Eligibility windows are tight; waiver of rights begins at first appearance. A defendant facing infraction or misdemeanor possession should consult a Nebraska criminal-defense attorney about diversion eligibility before accepting any plea.
Comparison to Other "Decrim-Lite" States
Nebraska’s 1978-1979 decriminalization framework is comparable to:
- Mississippi (1978) — civil penalty for first-offense possession of 30g or less.
- Maine (1976) — civil penalty (later expanded to full adult-use 2020).
- Minnesota (1976) — petty misdemeanor for 42.5g or less (later expanded to adult-use 2023).
- Ohio (1975) — misdemeanor with no jail for 100g or less.
- Colorado (1975) — civil penalty (later expanded to adult-use 2014).
- California (1976) — misdemeanor with no jail (later expanded to medical 1996, adult-use 2016).
Of these states, Nebraska is among the few that has not expanded beyond the 1970s framework. The 2024 Initiative 437/438 voter mandate is the first major statutory cannabis-policy expansion since 1979.
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