Nebraska Marijuana Possession Penalties (2026)

Possession of marijuana / cannabis charges in Nebraska: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing marijuana possession charges in Nebraska, consult a licensed Nebraska criminal defense attorney.

Nebraska Marijuana Possession Penalties

AmountPenalty
Small AmountInfraction: $300 fine (decriminalized 1 oz or less)
Large AmountMisdemeanor/felony for larger amounts

Nebraska decriminalized small amounts but has no medical program

Marijuana Possession Statute of Limitations in Nebraska

In Nebraska, the statute of limitations for felony drug charges is generally 3 years. Misdemeanor drug offenses carry a 18 months limit.

See all Nebraska statutes of limitations →

Defending Against Marijuana Possession Charges in Nebraska

Common defenses in Nebraska marijuana possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Nebraska criminal defense attorney for advice.

Related Nebraska Laws

DUI / DWI Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication