Did you know that Nebraska has decriminalized possession of small amounts of marijuana for first-time offenders?  Cannabis is banned in any other situation in the Cornhusker State, even for medicinal use.

Nebraska Marijuana Attorneys

The following Nebraska lawyers are actively involved in the practice of cannabis law:

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LAW BREAKDOWN

Possession of small amounts of marijuana is decriminalized in Nebraska, but any other possession, sale, or cultivation is illegal. Hash and concentrates are also banned, as is drug paraphernalia. Penalties can be severe, especially for concentrates.

Possession

Possession of less than one ounce is a minor civil infraction on a first offense and carries a maximum penalty of $300. There is no jail time. A second offense is a misdemeanor that comes with up to five days in jail and fines of up to $500. On a third offense, the penalty increases to as many as seven days in jail and $500.

Possessing between one ounce and one pound is also a misdemeanor, with a top penalty of three months in jail and $500 in fines. Possessing any amount greater than one pound is a felony, and the maximum penalty is five years in prison and a $10,000 fine.

Cultivation of marijuana is also treated as a possession crime, with the same weight limits and penalties.

Sale

Sale of any amount of marijuana is a felony in Nebraska, carrying between one year in jail and as many as 20 years in prison, plus a possible $25,000 fine. Sale of cannabis to a minor, or within 1,000 feet of a school or another prohibited zone, is punishable by at least one year in prison and as many as 50 years in prison. Any subsequent offenses are subject to a mandatory minimum sentence of three years, up to a maximum of life in prison.

Hash and Concentrates

The possession of hashish or other marijuana concentrates is a felony, as are sale, manufacture, and possession with the intent to distribute. The maximum penalty for possession is five years in prison and $10,000, while distributing comes with between one and 20 years in prison and up to $25,000 in fines.

Paraphernalia

Nebraska law bans drug paraphernalia but treats first-time possession of it as a civil infraction rather than a crime. Paraphernalia in the state includes any items intended for use with the cultivation, harvesting, cultivation, testing, analysis, storage, or use of marijuana.

Possession and use. Possession of paraphernalia is a civil infraction on a first offense and carries a fine of up to $100. On a subsequent offense, the fine is between $200 and $500.

Sale and distribution. Selling paraphernalia, or manufacturing/possessing with intent to do so, is a misdemeanor. Penalties include a fine of up to $1,000, up to six months in jail, or both. It is also a misdemeanor to advertise marijuana paraphernalia for sale, and the penalty is up to three months in jail, a fine of up to $500, or both.

Sale to a minor. Selling marijuana to a minor is a misdemeanor when the seller is at least three years older than the recipient. The maximum punishment is up to a year in jail, $1,000 in fines, or both.

PENALTIES

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

 

Nebraska Marijuana Laws

Did you know that Nebraska has decriminalized possession of small amounts of marijuana for first-time offenders?  Cannabis is banned in any other situation in the Cornhusker State, even for medicinal use.

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LAW BREAKDOWN

LAW BREAKDOWNS

California marijuana laws allow adults to possess, use and cultivate cannabis for personal consumption. The state has the oldest medical marijuana system in the country, and residents can now also legally enjoy the drug for recreational purposes.

Medical Marijuana

California medical marijuana laws were first established in 1996, making the Golden State the first to implement any such law. Patients with a wide array of health problems are allowed to buy cannabis after obtaining a doctor’s recommendation. There are few other rules under state law, and local ordinances vary widely.

Possession

Possession and use of cannabis became legal for adults in California when residents approved Proposition 64 (the Adult Use of Marijuana Act). Residents can now legally possess one ounce of flower or eight grams of marijuana concentrates without penalty. Possession of quantities exceeding these limits is a misdemeanor, subject to up to six months in jail and $500 in fines.

It is likewise a misdemeanor to possess the above quantities of cannabis while on school grounds, punishable by up to 10 days in jail and $500 in fines. Possession by someone under age 18 is also a misdemeanor, punishable by up to 10 days at a youth detention center and a $250 fine.

It is a misdemeanor when it is deemed that marijuana is possessed with the intent to supply it. The maximum penalty is six months imprisonment and a $500 fine.

Offense Penalty Incarceration Max. Fine
Up to 1 oz No penalty None $ 0
28.5 grams or less,
over 18 years, and occurred
on school grounds
Misdemeanor 10 days $ 500
28.5 grams or less,
under 18 years
Misdemeanor 10 days* $ 250
More than 28.5 grams Misdemeanor 6 months $ 500

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Sale and Delivery

Unlicensed sale of any amount of cannabis is a misdemeanor in California, subject to up to six months in jail and a $500 fine. Gifts - when nothing else of value changes hands - of no more than 28.5 grams, however, come with nothing more than a $100 fine.

California cannabis laws impose much harsher penalties in cases when a minor is involved. Giving any amount of cannabis to a minor between the ages of 14 and 17 is a felony when the giver is 18 or older and is punishable by between three and five years in prison. If the child is younger than 14, the penalty is three to seven years in prison.

Offense Penalty Incarceration Max. Fine
Any amount Misdemeanor 6 months $ 500
Gift of 28.5 grams or less No penalty N/A $ 100
Over 18 years to an
individual 14-17 years
Felony 3 - 5 years N/A
Over 18 years to an
individual under 14 years
Felony 3 - 7 years N/A

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Cultivation

Marijuana laws in California allow cultivation of up to six plants at home for recreational use. Any more than that is a misdemeanor punishable by up to six months in jail and $500 in fines. This limit does not apply to medical marijuana patients.

Offense Penalty Incarceration Max. Fine
Up to 6 plants No penalty None $ 500
6 plants or more Misdemeanor 6 months $ 500

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Hash and Concentrates

It is legal to possess up to eight grams of hashish, hash oil, or other cannabis concentrates. Possession of more than eight grams is a misdemeanor, punishable by up to six months in jail and a $500 fine.

The penalty for unauthorized manufacture of concentrates depends on the method used. If the process used involves extraction chemicals, such as butane, it is classed as chemical synthesis. Manufacture by means of chemical synthesis comes with a maximum fine of $50,000 and a prison term of between three and seven years, as decided by the court.

If the method of manufacture involves screens, presses, and any other methods not involving the use of chemical synthesis, the potential prison sentence ranges from 16 months to three years, as determined by a court.

Offense Penalty Incarceration Max. Fine
Up to 8 g No penalty None $ 0
8 g or more Misdemeanor 6 months $ 500
Unauthorized manufacture N/A 16 months - 3 years $ 0
Chemical manufacture N/A 3 - 7 years $ 50,000

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Paraphernalia

Marijuana paraphernalia includes any items used in the cultivation, harvesting, processing, testing, analysis, storage, or use of marijuana. Possession of marijuana paraphernalia is legal in California, but unless authorized by law, it is a crime to sell it, deliver it, possess it with intent to sell it, or manufacture it with intent. Any such offense is a misdemeanor and is punishable by up to one year in a county jail or state prison.

Any paraphernalia offense involving a minor at least three years younger than the offender is also a misdemeanor with a maximum penalty of one year in jail, as well as a potential fine of $1,000.

Offense Penalty Incarceration Max. Fine
Sale, delivery, possession
with intent, and
manufacture with intent
Misdemeanor 1 year $ 0
Involving a minor at
least 3 years junior
Misdemeanor 6 months $ 1,000

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Miscellaneous

It is a felony, punishable by between three and seven years in prison, to use a minor in the illegal sale or transport of marijuana. Inducing a minor to use the drug is also a felony punishable by three to seven years in prison.

An additional fine of up to $150 is levied against offenders who violate the California Uniform Controlled Substances Act. This is the law that classifies and bans certain categories of legally controlled drugs.

Just as it is illegal to smoke cannabis in public, it is a misdemeanor to loiter in a public place with intent to commit certain violations of the California Uniform Controlled Substances Act. Violations of that law can be punished by suspension of driving privileges, among other penalties.

See the table below for a full breakdown of California cannabis laws.

Forfeiture
Vehicles and other property may be seized for controlled substance violations.

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Miscellaneous
Using a minor in the unlawful sale or transport of marijuana is a Felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a Felony punishable by 3-7 years imprisonment.
Any violation of the California Uniform Controlled Substances Act results in a fine up to $150.
A person who participates in the illegal marketing of marijuana is liable for civil damages.
It is a Misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.
A controlled substance conviction can result in suspension of driving privileges.

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Medical Marijuana

MEDICAL MARIJUANA

California became the first state in the US to legalize the medicinal use of marijuana when a law was approved by ballot initiative in 1996. The California medical marijuana law removed the criminal penalties for the use, possession and cultivation of cannabis for patients who possess a “written or oral recommendation” from a physician.

QUALIFYING CONDITIONS:
Anorexia, Arthritis, Cachexia, Cancer, Chronic Pain, HIV/AIDS, Glaucoma, Migraine, Persistent Muscle Spasms, Severe Nausea, Seizures, and any other debilitating illness where the medicinal use of marijuana was been “deemed appropriate and has been recommended by a physician.”

PATIENT POSSESSION LIMITES:
No possession limits specified. The amount should be “consistent with each patient’s needs.”

HOME CULTIVATION:
Yes, but no cultivation limits are specified. Certain local ordinances ban the cultivation of medical marijuana.

STATE-LICENSED DISPENSARIES:
Yes

CAREGIVERS:
Yes – a primary caregiver is an individual who has consistently assumed responsibility for the health, housing, or safety of a qualified patient. Unless the caregiver is the parent of a qualified patient, caregivers must be 18 years of age or older.

RECIPROCITY:
No

California Marijuana Attorneys

The following California lawyers are actively involved in the practice of cannabis law: