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Marijuana still illegal to possess in Nebraska

On Behalf of | Nov 8, 2019 | Drug Charges |

Nebraska is only a short drive away from Colorado where marijuana is completely legal. However, the state of Nebraska has not legalized marijuana in any way. It can be tempting to bring a few ounces over from the neighboring state, but the result may land the possessor in jail.

According to the Marijuana Policy Project, Senator Anna Wishart’s LB 110 failed to pass this past year, but there is hope for 2020 bringing the legalization of medical marijuana to the state. The focus of the proposed law is for those with debilitating medical conditions to have access to medical marijuana if it passes in the next legislative session. Patients would need a healthcare provider’s recommendation to receive the treatment method.

Unfortunately, marijuana is still illegal to possess resulting in fines for even first-time offenders. While a first offense is not punishable with jail time or a misdemeanor, further offenses are. Possession of up to one ounce is a misdemeanor for second and third offenses, but the state ranks near the top for arrests related to marijuana.

The Lincoln Star ran an article on the complications inherent in the state’s new laws regarding hemp. Local law enforcement has struggled with how to “prove marijuana possession charges.” LB 657 allows for hemp to be grown in the state but forces hemp producers to have their crop tested to be sure it does not exceed 0.3% THC.

Unfortunately, the new law has brought some confusion as the look and feel of hemp is similar to marijuana. Currently, there are no labs available to test for THC levels of the confiscated plant. This makes possession charges more difficult to prove.