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Nebraska

1. Overview of Cannabis and Hemp Laws

Cannabis:
Nebraska has not legalized recreational or medical cannabis. Possession of small amounts is decriminalized but remains illegal. Efforts to legalize medical cannabis have failed in both the legislature and through ballot initiatives​.

Hemp Intoxicants and Synthetic THC:
Nebraska prohibits synthetic THC products, including delta-8 THC and other intoxicating cannabinoids derived from hemp​.

2. Historical Context

  • 1927: Nebraska first enacted cannabis prohibition.
  • 2014: The state decriminalized possession of up to 1 ounce, making a first offense a civil infraction with a fine rather than jail time.
  • 2019: Nebraska launched a hemp farming program under the 2018 Farm Bill, allowing industrial hemp cultivation but maintaining strict controls on intoxicating cannabinoids.
  • 2021: A medical cannabis bill narrowly failed in the state legislature, underscoring continued resistance to cannabis reform​.

3. Recreational Cannabis Laws

  • Possession Limits: Possession of up to 1 ounce is a civil infraction for first-time offenders, punishable by a $300 fine. Repeat offenses may lead to misdemeanor charges with potential jail time.
  • Cultivation: All forms of cannabis cultivation are illegal, with no allowances for home growing.
  • Public Use: Public consumption is prohibited, with no exceptions for medical or recreational purposes.
  • Sale and Retail: All cannabis sales remain illegal, with no licensed dispensaries allowed in Nebraska​.

4. Medical Cannabis Laws

  • Patient Eligibility: Nebraska does not have a legal medical cannabis program, and there are no conditions that qualify for cannabis treatment.
  • Product Access: Cannabis products are not legally accessible within the state.
  • Program Details: No medical cannabis registration or program exists, requiring patients seeking medical cannabis to turn to other states where it is legal​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Nebraska prohibits hemp-derived intoxicants, including synthetic cannabinoids like delta-8 THC.
  • Testing and Labeling Requirements: No specific testing or labeling requirements exist due to the prohibition of intoxicating hemp products.
  • Age and Retail Restrictions: No age or retail restrictions apply, as these products are banned from sale and possession​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: First-time possession of up to 1 ounce is a civil infraction with a $300 fine. A second offense is a misdemeanor with up to five days in jail, and a third offense can lead to a seven-day jail sentence.
  • Sale and Distribution: Selling or distributing cannabis is a felony, with heightened penalties for sales to minors or within close proximity to schools.
  • Trafficking and Cultivation: Unauthorized cultivation or trafficking is a felony offense, with substantial prison terms and significant fines based on quantity​.

7. Social Equity Programs

  • Eligibility Criteria: Nebraska has no social equity programs related to cannabis or hemp due to the prohibition of both recreational and medical cannabis.
  • Licensing Benefits: There are no licensing benefits or programs supporting social equity in the cannabis industry.
  • Additional Support: Nebraska does not offer additional training or resources for social equity applicants​.

8. Business Types and Operations

  • Licensing Types: Nebraska does not issue any licenses for cannabis-related businesses due to the ban on both recreational and medical cannabis.

Regulatory Requirements: Since cannabis business licenses are not issued, there are no regulatory requirements for cultivation, manufacturing, or dispensary operations​.

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