Last verified: May 2026
The Headline
- Recreational: fully illegal under Neb. Rev. Stat. § 28-416. Nebraska did NOT legalize adult-use in 2024.
- Medical: voter-approved Nov 5, 2024 (Initiative 437 + Initiative 438); patient-protection portion in force; regulated dispensary system far behind schedule.
- Possession: 1 oz or less first offense = infraction, $300 fine, citation only, NO jail.
- Concentrate: Class IV felony at any weight (any vape cartridge with marijuana-derived oil = felony).
- Cultivation: any quantity = Class IIA felony (up to 20 years).
- DUI: impairment-based, no per se THC limit.
| Metric | Value (May 2026) |
|---|---|
| Recreational status | Fully illegal under Neb. Rev. Stat. § 28-416 |
| Medical status | Voter-passed Nov 5 2024 (Initiative 437 + 438), partially blocked by AG litigation |
| Initiative 437 (Patient Protection Act) | 70.74% YES — majority in all 49 legislative districts |
| Initiative 438 (Regulation Act) | 66.95% YES — majority in 46 of 49 districts |
| Patient possession limit | Up to 5 oz with valid practitioner recommendation |
| Home cultivation | Not permitted |
| Medical Cannabis Commission | 5 seats (3 = Liquor Control commissioners; 2 at-large); interim chair Lorelle Mueting |
| Approved cultivator licenses | 4 (Patrick Thomas / Midwest Cultivators / Stonepine / Meadowlark Medicinals) |
| Operational dispensaries | 0 as of May 2026 |
| Manufacturer / transporter licenses | 0 issued; no published timeline |
| Concentrate felony cliff | Class IV felony at any weight (§ 28-416(3)) |
| "Internal possession" doctrine | Not adopted (impairment-only DUI standard) |
| DUI threshold | No per se THC limit — impairment-based under Daly (2009) |
| Hemp framework | LB 657 (2019); LB 316 (2025) hemp-intoxicant ban failed cloture |
| Federal hemp cliff | 0.4 mg THC per package effective Nov 12 2026 (PL 119-37 § 781) |
| Omaha Tribe Title 51 | Adopted July 15 2025 — first NE tribe to legalize medical AND adult-use rec |
| 2024 ballot signatures collected | ~114,000 across both petitions |
| Pending litigation | Two NE Supreme Court appeals (Kuehn signature appeal heard Dec 3 2025; federal preemption Apr 27 2026) |
Sources: Marijuana Policy Project; Nebraska Examiner; Nebraska Liquor Control Commission; Nebraska Department of Health and Human Services; Neb. Rev. Stat.; Emerson College / Midwest Newsroom polling Sept 2024 (n = 1,000).
Statutory Framework
Nebraska’s controlled-substances framework lives in Neb. Rev. Stat. ch. 28. Marijuana is a Schedule I controlled substance under § 28-405. Possession, manufacture, distribution, and trafficking are governed by § 28-416. Drug paraphernalia is governed by § 28-441. Drug tax stamps are governed by §§ 77-4301 to 77-4316. DUI is governed by § 60-6,196.
| 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.
The 1978-1979 "Decrim-Lite" Framework
Nebraska is one of a small group of states that has, since 1979, treated first-offense small possession as a non-jailable infraction. Under § 28-416(13): 1 oz or less first offense is an infraction, $300 fine, citation only, NO jail. The court may order completion of a drug-education course under § 29-433. The infraction-not-misdemeanor first-offense framework dates to 1978-1979, decades before modern reform. See decrim-infraction page.
The Concentrate Class IV Felony Cliff
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 (up to 2 years prison + 12 months post-release supervision + $10,000), regardless of weight. This is a critical distinction for anyone returning to Nebraska from Colorado or Missouri. See concentrate-felony page.
The 2024 Voter Mandate — Initiative 437 + 438
On November 5, 2024 Nebraska voters approved two complementary medical-cannabis measures: Initiative 437 (Patient Protection Act) at 70.74% and Initiative 438 (Regulation Act) at 66.95%. Initiative 437 carried a majority in all 49 legislative districts. Both took legal effect December 12, 2024 by gubernatorial proclamation. See Initiative 437/438 vote page.
The Pending Litigation
AG Mike Hilgers, Gov. Jim Pillen, Sec. of State Bob Evnen, and former Sen. John Kuehn have launched parallel lawsuits to invalidate the petitions: Kuehn v. Evnen (signature validity, on appeal to NE Supreme Court since December 2024; oral argument heard December 3, 2025; no ruling as of May 2026) and Kuehn v. Lippincott et al. (federal preemption / Supremacy Clause; oral argument heard April 27, 2026). See Kuehn v. Evnen page.
The Medical Cannabis Commission
Initiative 438 created a 5-member Nebraska Medical Cannabis Commission with "exclusive" power to license and regulate cannabis manufacturers, cultivators, transporters, and dispensaries. The Commission has approved 4 cultivator licenses but no dispensaries, manufacturers, or transporters as of May 2026. Each cultivator is capped at 1,250 flowering plants; estimated capacity at launch is ~20,000 patients — "grossly inadequate" per Nebraskans for Medical Marijuana and the Marijuana Policy Project. See commission page.
Cross-Border Reality
Nebraska borders six states with widely divergent cannabis regimes: Colorado (recreational since January 2014, west); Missouri (recreational since February 2023, southeast); Iowa (limited medical CBD only, east); Wyoming (full prohibition, west); South Dakota (medical only since 2020, north); Kansas (full prohibition, south). Returning into Nebraska along I-76/I-80 from Colorado is the single most aggressive interdiction zone. See Colorado cross-border page.
The Omaha Tribe Title 51 Development
On July 15, 2025 the Omaha Tribal Council unanimously adopted Title 51, the most comprehensive tribal cannabis code in the region — legalizing both medical and adult-use recreational cannabis on tribal lands. Adults 21+ may possess up to 1 oz on the reservation. The Omaha Tribe is the first federally recognized tribe in Nebraska to legalize cannabis. See Omaha Tribe Title 51 page.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org