Despite pleas from patients and families all across the state, Nebraska’s unicameral legislature adjourned earlier this year without taking action on legislation (LB 110) sponsored by Sen. Anna Wishart, which would have created a sensible and compassionate medical marijuana program in the state. Despite this disappointing result, patients and allies are looking forward to 2020, as a campaign has emerged to put the issue on the ballot in the next election. 

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So far, Nebraskans for Sensible Marijuana Laws has collected roughly 10% of the total signatures they need to qualify their constitutional amendment for the ballot. The proposal would establish legal protections for patients who receive a recommendation from their healthcare provider to treat a debilitating condition with medical marijuana. It would also establish a foundation for the state to regulate a market of medical marijuana producers and dispensaries. 

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Possession is illegal in Nebraska. Possession of one ounce or less is an infraction, which is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course. A second conviction for possession of one ounce or less is a misdemeanor punishable by a maximum fine of $500, and the third and subsequent convictions for possession of one ounce or less are a misdemeanor and are punishable by a maximum sentence of seven days imprisonment and a maximum fine of $500.

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Cultivation is not allowed. Cultivation penalties in Nebraska are based upon the total weight of the plants found.

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There is no medical marijuana program or any other allowances for patients in Nebraska.

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