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Is Weed Legal in Nebraska? Fines and Medical Use

Nebraska treats a small amount of marijuana as an infraction, not a crime, on a first offense. Voters added a medical cannabis law in 2024, and the state Supreme Court upheld it in September 2026.

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Marijuana is not legal for adults in Nebraska, but possessing an ounce or less is an infraction with a $300 fine on a first offense, not a crime (Neb. Rev. Stat. 28-416). Patients with a written recommendation from a health care practitioner may possess up to 5 ounces under a 2024 voter initiative (71-24,104).

Key facts

  • A first offense for an ounce or less brings a citation and a $300 fine.
  • More than a pound is a Class IV felony.
  • Voters approved medical cannabis in 2024, and the Nebraska Supreme Court upheld the initiatives on September 4, 2026.

Nebraska Marijuana Penalties

The penalty for an ounce or less rises with each offense, and larger amounts are a misdemeanor or a felony (28-416).

Nebraska penalties for marijuana possession

Amount and offenseChargePenalty
An ounce or less, first offenseInfraction$300 fine and a citation; a drug education course if the judge orders it
An ounce or less, second offenseClass IV misdemeanor$400 fine and up to 5 days in jail
An ounce or less, third or later offenseClass IIIA misdemeanor$500 fine and up to 7 days in jail
More than an ounce, up to a poundClass III misdemeanorSet by the misdemeanor class
More than a poundClass IV felonySet by the felony class

Source: Neb. Rev. Stat. 28-416, as in effect July 18, 2026

On a first offense, a judge may also order a drug education course.

Nebraska Medical Cannabis Law

Initiative 437 lets a qualified patient or the patient’s caregiver have up to 5 ounces, which “shall not be an offense under state or local law” (71-24,105). A qualified patient is an adult with a written note from a doctor, physician assistant or nurse practitioner. A minor also needs written permission from a parent or guardian (71-24,104).

Initiative 438 created the Nebraska Medical Cannabis Commission to license the businesses that grow and sell it. The law gave the commission until July 1, 2025 to set its rules and until October 1, 2025 to begin registering businesses (71-24,111). On October 6, 2026, the commission’s site listed manufacturing applications and a public hearing on October 15, 2026. It did not say which businesses are registered to sell (Nebraska Medical Cannabis Commission).

The 2024 Medical Cannabis Vote

Initiative 437 passed with 71.05% and Initiative 438 with 67.29% on November 5, 2024 (Ballotpedia; Ballotpedia).

Nebraska's 2024 medical cannabis initiatives, certified results

MeasureWhat it didYesNo
Initiative 437Made medical cannabis legal for qualified patients637,126259,643
Initiative 438Created the commission that regulates it600,481291,867

Source: Ballotpedia, certified results

Former state Sen. John Kuehn challenged the petition signatures. The Nebraska Supreme Court upheld both initiatives on September 4, 2026, finding that one notary’s misconduct does not invalidate an entire petition. A separate suit arguing that federal law blocks the initiatives was dismissed on June 26, 2025, because the plaintiff lacked standing (Ballotpedia).

Nebraska Marijuana Law by Situation

Nebraska marijuana rules for your situation

  1. A first offense is an infraction, not a crime: a citation and a $300 fine.
  2. A second offense is a misdemeanor and can bring up to 5 days in jail.
  1. Get a written recommendation from a physician, physician assistant or nurse practitioner.
  2. You may then possess up to 5 ounces. Check the Medical Cannabis Commission for registered sellers.

Our marijuana laws by state page compares every state.

Nebraska Marijuana Questions

Is weed legal in Nebraska?

Not for adults in general. Possessing an ounce or less is an infraction with a $300 fine on a first offense. Patients with a written recommendation from a health care practitioner may possess medical cannabis under the 2024 initiatives.

Is medical marijuana legal in Nebraska?

Yes, under two 2024 voter initiatives. A qualified patient may possess up to 5 ounces. The Nebraska Supreme Court upheld both initiatives on September 4, 2026, and the state Medical Cannabis Commission regulates the businesses.

Can I buy medical marijuana in Nebraska yet?

The law required the Medical Cannabis Commission to begin registering businesses by October 1, 2025. The commission lists manufacturing applications and an October 15, 2026 public hearing; check the commission for which businesses are registered.

What is the penalty for marijuana in Nebraska?

An ounce or less: a $300 fine on a first offense, a $400 fine and up to 5 days in jail on a second, and a $500 fine and up to 7 days on a third. More than an ounce is a misdemeanor, and more than a pound is a felony.

What You Can Do

  1. Know the penalty before you carry: an ounce or less is a $300 fine on a first offense.
  2. Follow the commission’s rulemaking and attend the October 15, 2026 public hearing listed by the Nebraska Medical Cannabis Commission.
  3. Compare other states on our marijuana laws by state page.
  4. Vote on November 3. See our Nebraska governor race guide.