Nebraska Marijuana Compliance
Marijuana is fully illegal under Nebraska marijuana laws for both medical and recreational purposes. Therefore, Nebraska employers are free to test job applicants and employees for marijuana use with few restrictions, so long as they comply with state drug testing regulations.
Nebraska marijuana compliance guidelines have decriminalized the possession of marijuana to some degree, however, the possession of marijuana in any amount remains illegal.
Federal law also prohibits marijuana possession and use and classifies marijuana as a Schedule 1 drug. It's important to become familiar with marijuana state vs. federal guidelines.
The following are commonly asked questions and answers regarding Nebraska marijuana compliance.
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This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.
Nebraska Marijuana Compliance
Nebraska Marijuana Laws
Overall Status: Fully Illegal
Nebraska marijuana laws have not legalized the use of marijuana for either recreational or medicinal use. The possession of marijuana in Nebraska, depending on the amount, results in penalties of jail time or fines of $300 to $10,000.
Medical Marijuana: Illegal
Nebraska marijuana laws have not legalized marijuana for medical use. The state is one of three without medicinal marijuana laws.
Decriminalized: Yes
The state of Nebraska has not legalized medical or recreational marijuana. However, it has decriminalized the possession of marijuana in small amounts. The possession of one ounce or less as a first offense is considered an infraction with a fine of $300 and no jail time.
Recreational Marijuana: Illegal
Recreational marijuana laws in Nebraska consider marijuana use illegal for recreational purposes. For a first-time offense of the possession of marijuana of less than one ounce, there is no jail time, but it is considered an infraction with a fine of $300.
Last updated 1/15/2024
Frequently Asked Questions
Is marijuana legal in Nebraska?
Nebraska marijuana compliance does not tolerate marijuana use for any reason. Marijuana is illegal in Nebraska for both medical and recreational purposes. However, for the first offense of one ounce or less, there is no jail time.
Are there any unique laws about marijuana in Nebraska?
Although Nebraska has decriminalized the possession of marijuana in small amounts, taking away jail time for a first offense, the state still penalizes first-time offenders with a fine of $300.
What is Nebraska's history with marijuana?
On November 6, 2018, the Nebraska Marijuana Decriminalization Initiative did not make it to the state's ballot. It was designed to eliminate all penalties and fines associated with the possession of marijuana of one ounce or less.
As of 2018 in Nebraska, the possession of marijuana in small amounts is considered an infraction or misdemeanor, depending on if it is a first, second, or third offense, and results in fines of $300-$500.
In May of 2021, legislators voted to deny LB474, which would have legalized medicinal marijuana, leaving Nebraska one of only three states without legalized medicinal marijuana.
What is the punishment for possession in Nebraska?
In Nebraska, a first-time marijuana possession offense of less than one ounce is an infraction with no jail time, but a fine of $300. Further offenses lead to jail time and a fine.
A second offense of the possession of less than an ounce is a misdemeanor with five days of jail time and a $500 fine. A third offense is also a misdemeanor with seven days in jail and a $500 fine.
The possession of more than one ounce of marijuana up to one pound is a misdemeanor punishable by three months in jail and a $500 fine. Any amount above one pound is a felony that results in a $10,000 fine and five years in jail.
Drug Panels That Exclude Marijuana
Urine Drug Panels That Exclude Marijuana Testing
Some of the popular drug panels that remove marijuana testing are listed below:
Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you'll find a complete list of drug tests that do not include THC testing under the "Exclude Marijuana" section.
Hair Drug Panels That Exclude Marijuana Testing
Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:
For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.
Drug Panels That Include Marijuana
Urine Drug Panels That Include Marijuana Testing
Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:
Also try taking a look at our comprehensive list of urine drug tests that include marijuana.
Hair Drug Panels That Include Marijuana Testing
Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:
A comprehensive list of the hair drug tests that we offer can be found here.