Offense Penalty Incarceration Max. Fine Possession 1 oz or less (first offense) Infraction N/A $ 300 1 oz or less (second offense) Misdemeanor 5 days $ 500 1 oz or less (third offense) Misdemeanor 7 days $ 500 More than 1 oz - l lb Misdemeanor 3 months $ 500 More than l lb Felony 5 years $ 10,000 Sale/Manufacture Any amount Felony 1* - 20 years $ 25,000 To a minor within 1000 feet of a school or between 100-1000 feet of other designated areas (first offense) Felony 1* - 50 years N/A Subsequent offense Felony 3 years* - life N/A * Mandatory minimum sentence Cultivation See Sale/Manufacture section for penalty details. Hash & Concentrates Possession Felony 5 years $ 10,000 Selling, manufacturing, or possessing with the intent to distribute Felony 1 - 20 years $ 25,000 Paraphernalia Possession of paraphernalia (first offense) Infraction N/A $ 100 Sale Misdemeanor 6 months $ 1,000 Sale to a minor Misdemeanor 1 year $ 1,000 Advertise Misdemeanor 3 months $ 500

Penalty Details

Nebraska law lists Marijuana as a Schedule I controlled substance.

Possession

Possession of 1 ounce or less is an infraction, which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course.

A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500.

Third and subsequent convictions for possession of 1 ounce or less are a Class IIIA misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500.

Possession of more than 1 ounce – 1 pound is a class III misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.

Possession of more than 1 pound is a class IV felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

§ 28-416 of the Nebraska Revised Statutes Web Search

§ 28-105 of the Nebraska Revised Statutes Web Search

Sale/Manufacture

The sale of any amount is a class III felony, which is punishable by a 1 year mandatory minimum sentence and up to 20 years imprisonment as well as a maximum fine of $25,000.

The sale to a minor within 1,000 feet of a school or between 100-1,000 ft. of other designated areas is a class II felony, which is punishable by a 1 year mandatory minimum sentence and up to 50 years imprisonment.

A second or subsequent violation is a class ID felony punishable by a mandatory minimum sentence of 3 years and up to 50 years imprisonment.

§ 28-416 of the Nebraska Revised Statutes Web Search

§ 28-105 of the Nebraska Revised Statutes Web Search

Cultivation

Cultivation in Nebraska will be punished based upon the aggregate weight of the plants found. See the “Sale/Manufacture” section for further penalty details.

Hash & Concentrates

Hashish and THC Concentrates are individually named Schedule I controlled substances in Nebraska. Possession of hash is a Class IV felony, punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. Selling, manufacturing, or possessing with the intent to distribute hashish is a Class III felony, punishable by a minimum sentence of 1 year, a maximum of 20 years imprisonment, and a maximum fine of $25,000.

§ 28-405(c)(23) of the Nebraska Revised Statutes Web Search

§ 28-416 of the Nebraska Revised Statutes Web Search

§ 28-416 of the Nebraska Revised Statutes Web Search

§ 28-105 of the Nebraska Revised Statutes Web Search

Paraphernalia

Possession of paraphernalia is an infraction which is punishable by a maximum fine of $100.

Each additional conviction is punishable by a fine of $200-$500.

Sale of paraphernalia is a Class II misdemeanor, which is punishable by a maximum fine not exceeding $1,000 and a term of imprisonment not exceeding 6 months.

Sale of paraphernalia to a person under 18 at least 3 years younger is a Class I misdemeanor, which is punishable by a maximum fine not exceeding $1,000 and a term of imprisonment not exceeding 1 year.

Advertisement of is a Class III misdemeanor, which is punishable by a maximum fine not exceeding $500 and a term of imprisonment not exceeding 3 months.

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