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Is it illegal to possess marijuana in Nebraska?

On Behalf of | Jan 27, 2021 | Drug Charges |

It is still illegal to possess marijuana in Nebraska, but these laws are changing very quickly. You could say that the trend is moving towards decriminalization, especially when looking at other states.

For now, you should take the law very seriously. Even if people tell you that enforcement is not consistent or that penalties are not that bad, please keep in mind that any criminal record of any kind could lead to undesirable consequences. Further, there is a stark difference between the possession and sales penalties you might face.

Nebraska’s low-quantity possession laws

As explained on FindLaw, Nebraska has decriminalized possession to a certain degree. First offenses involving one ounce or less could land you with a maximum fine of $300. This might not sound serious, but subsequent violations could result in much larger penalties.

Your second offense would be a misdemeanor charge, punishable by five days imprisonment and a fine of up to $500. Your third offense of possession could result in a maximum sentence of seven days in jail and a maximum fine of $500.

Other quantities

Possessing from one ounce to one pound is a misdemeanor charge. A conviction or guilty plea could get you up to a $500 fine and 3 months imprisonment.

Possession of more than one pound is a felony charge. If a court convicts you, or if you plead guilty, you could face a fine of up to $1000 and a maximum sentence of five years in jail. Drug felony convictions also have a wide range of other drawbacks that could inhibit your progress toward various goals throughout your life.

Reduced sentences

If you are a first-time offender, Nebraska marijuana law might allow conditional release. This means you could have a  probation period instead of a trial or a simple guilty plea. The criminal charge could disappear from your record if you satisfy the terms of your probation.

You might be tempted to underestimate the severity of your marijuana charge due to a relatively relaxed enforcement and penalty structure. However, considering the increasingly severe consequences for multiple charges, the complex system of penalties and an ever-changing legal atmosphere, you might want to consider your strategy carefully before you act.