Nebraska Marijuana Laws: Possession Penalties, Medical Marijuana and Legal Status in 2026

Recreational marijuana remains illegal in Nebraska, but medical marijuana is now legal for qualifying patients following voter approval of two statewide initiatives in November 2024.

Nebraska’s medical marijuana law protects qualified patients who have a written recommendation from an authorized health care practitioner and allows them to possess up to 5 ounces of marijuana. However, the state’s regulated medical market is still being implemented. As of September 13, 2026, state-licensed medical marijuana dispensaries have not yet opened.

Nebraska’s current regulations are also considerably more restrictive than the medical marijuana programs in most states. Licensed dispensaries will not be allowed to sell marijuana flower, products intended for smoking or vaping, or marijuana-infused foods and drinks under the regulations currently in effect.

This page covers Nebraska marijuana possession penalties, medical marijuana, patient limits, qualifying conditions, home cultivation and the ongoing rollout of legal medical sales. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.

Last updated: September 13, 2026

No. Recreational marijuana remains illegal in Nebraska.

Nebraska has not legalized marijuana possession, use, cultivation or retail sales for adults generally.

The state has reduced penalties for possession of small amounts, however. A first offense involving 1 ounce or less is an infraction rather than a misdemeanor or felony and carries a $300 fine.

Repeat offenses and possession of larger amounts carry increasingly serious penalties.

There is no legal recreational marijuana possession amount in Nebraska.

Possession of 1 ounce or less remains unlawful even though a first offense is treated as an infraction.

Nebraska Revised Statute § 28-416 establishes the following basic penalties for marijuana flower:

A Class III misdemeanor can carry up to three months in jail, a fine of up to $500 or both. A Class IV felony can carry up to two years imprisonment and 12 months of post-release supervision, a fine of up to $10,000 or both.

These penalties apply outside the protections provided to qualified medical marijuana patients.

Yes, and this is an important distinction.

Nebraska law defines hashish or concentrated marijuana separately from ordinary marijuana flower. Concentrated marijuana generally includes separated cannabis resin and substances containing at least 10% THC by weight.

Outside Nebraska’s medical marijuana protections or another lawful exception, possession of concentrated marijuana can be treated substantially more seriously than possession of a small amount of flower, potentially as a Class IV felony.

Qualified medical marijuana patients are protected separately under the Nebraska Medical Cannabis Patient Protection Act when possessing cannabis within the law’s requirements.

Nebraska has partially reduced the punishment for small amounts, but marijuana has not been legalized or fully decriminalized.

A first offense involving 1 ounce or less is an infraction with a $300 fine rather than a criminal misdemeanor carrying jail time.

A second offense remains a misdemeanor and can result in up to five days in jail, while third and subsequent offenses can result in up to seven days.

Possessing more than 1 ounce carries more substantial criminal penalties.

Yes.

Nebraska voters approved Initiative Measures 437 and 438 in November 2024.

Initiative 437 created the Nebraska Medical Cannabis Patient Protection Act, which protects qualifying patients and caregivers from state and local penalties for possessing and using medical marijuana within the law’s limits.

Initiative 438 created the Nebraska Medical Cannabis Commission and directed the state to regulate businesses that cultivate, manufacture and distribute medical marijuana.

Nebraska law now expressly provides that qualified patient possession and use of an allowable amount of cannabis is not an offense under state or local law and is not subject to the state’s Uniform Controlled Substances Act.

Nebraska’s voter-approved law defines an “allowable amount of cannabis” as up to 5 ounces.

Cannabis under the law includes marijuana, hashish and concentrated marijuana. The weight of other ingredients combined with marijuana in an oral or topical preparation does not count toward the 5-ounce limit.

A qualifying patient may use, possess and acquire up to that amount for alleviating a medical condition, symptoms of the condition or side effects from treatment.

A caregiver may also possess and acquire an allowable amount on behalf of a qualifying patient.

Nebraska does not use a fixed statutory list of qualifying conditions.

Instead, an adult is considered a qualified patient when the person obtains a valid written recommendation from an authorized health care practitioner.

The recommendation must state that, in the practitioner’s professional judgment, the potential benefits of marijuana outweigh the potential harms for alleviating:

Patients younger than 18 may also qualify with a written recommendation and written permission from a parent or legal guardian authorized to make health care decisions for them.

Under the voter-approved law, a written recommendation generally remains valid for two years unless the practitioner specifies a shorter period.

Nebraska does not have a list limited to conditions such as cancer, epilepsy or post-traumatic stress disorder.

Instead, eligibility is based on the judgment of an authorized health care practitioner.

This means a patient may potentially qualify for a wide range of medical conditions when the practitioner determines that the potential benefits of marijuana outweigh the potential harms for that individual patient.

The law defines authorized health care practitioners to include physicians, osteopathic physicians, physician assistants and nurse practitioners who meet Nebraska’s licensing requirements.

Nebraska’s current regulations establish a more structured system for dispensary purchases than the voter-approved statute alone.

A patient seeking marijuana through a licensed Nebraska dispensary must have an in-person appointment with an enrolled recommending health care practitioner. Practitioners who submit orders to dispensaries must be enrolled in the Medical Cannabis Commission’s practitioner directory and primarily practice medicine in Nebraska.

The practitioner must provide both a written recommendation and a written order identifying such information as:

The practitioner must electronically send the required documents to the dispensary and the Medical Cannabis Commission.

Nebraska’s possession statute allows a qualified patient to possess up to 5 ounces, but current dispensary regulations impose additional purchasing restrictions.

A dispensary may not provide:

A dispensary also cannot fill another order for the patient within 30 days after filling a valid order.

Current regulations additionally limit a recommended dose to no more than 40 milligrams of THC, with the total amount prescribed subject to the 5-gram THC limit over 90 days.

Nebraska’s current regulations authorize licensed dispensaries to sell only specific forms of medical marijuana.

Allowed products include:

The rules prohibit dispensaries from selling:

Products also generally cannot exceed 60% total THC or 40 milligrams of THC per dose.

Not through Nebraska’s state-licensed medical marijuana market under the current regulations.

The Medical Cannabis Commission specifically lists raw plant material as a product dispensaries may not sell or transfer to patients.

The regulations also prohibit products intended to be administered through smoking, combustion or vaping.

This makes Nebraska’s regulated program substantially more restrictive than most state medical marijuana programs.

Traditional marijuana-infused foods and drinks will not be allowed through state-licensed dispensaries under the current rules.

The Medical Cannabis Commission prohibits food or drink containing marijuana that has been baked, mixed or otherwise infused into the product.

Tablets, capsules and tinctures remain permitted.

No.

Nebraska’s voter-approved patient protection law authorizes qualifying patients to use, possess and acquire medical marijuana, but it does not authorize patients or caregivers to cultivate marijuana.

Commercial cultivation is instead regulated through licenses issued by the Nebraska Medical Cannabis Commission.

As a result, there is no legal personal plant allowance for either recreational consumers or medical marijuana patients.

Not yet.

As of September 13, 2026, Nebraska’s regulated medical marijuana market is still being built.

The Medical Cannabis Commission has issued cultivation licenses, and the first state-authorized marijuana cultivation began moving forward in June 2026. The state is currently in the next stage of licensing, with applications for marijuana product manufacturers open through September 14.

The Commission has not yet opened a functioning statewide network of licensed medical marijuana dispensaries.

This means medical marijuana is legally protected for qualifying patients under Nebraska law, but patients do not yet have ordinary retail access through state-licensed dispensaries.

Transporting marijuana across state lines remains prohibited under federal law.

Nebraska’s medical law protects qualifying possession under state law, but it does not change federal restrictions on interstate marijuana transportation.

Patients therefore should not interpret Nebraska’s 5-ounce medical possession protection as permission to transport marijuana purchased in another state across a state border.

Nebraska does not provide automatic medical marijuana reciprocity simply because someone possesses a medical marijuana card issued by another state.

Current dispensary regulations require a patient to go through Nebraska’s medical recommendation and ordering process. A practitioner submitting an order to a Nebraska dispensary must be enrolled in the state’s practitioner directory and primarily practice medicine in Nebraska. Patients must also attend the required appointment in person.

An out-of-state medical card therefore should not be treated as a substitute for satisfying Nebraska’s requirements.

No.

Nebraska does not license recreational marijuana retailers.

Adults cannot legally purchase marijuana for recreational use regardless of age.

Only medical marijuana sales to qualifying patients will be allowed through the regulated system once licensed dispensaries become operational.

Nebraska does not have a legal recreational marijuana gifting system.

Giving or transferring marijuana to another person outside the medical marijuana law can expose someone to distribution charges.

The medical law does allow an authorized caregiver to possess, acquire and deliver an allowable amount of marijuana to the qualifying patient for whom the person serves as caregiver.

That caregiver protection does not create a general right for adults to share marijuana with other people.

No.

Nebraska’s medical marijuana law does not authorize impaired driving.

A qualifying patient may legally possess and use medical marijuana within the protections of state law, but driving while impaired remains prohibited.

Patients should also remember that federal restrictions and separate rules can apply on federal property and in other federally regulated settings.

Nebraska’s medical marijuana system saw several major developments in 2026.

Gov. Jim Pillen approved the Medical Cannabis Commission’s permanent regulations on July 1, after Attorney General Mike Hilgers approved them June 30.

The regulations replaced the earlier emergency framework and established detailed rules covering marijuana businesses, patient purchases, product forms, practitioner recommendations and the state’s tracking system.

Lawmakers overwhelmingly approved LB 1235 in April.

The measure made several changes to the Nebraska Medical Cannabis Regulation Act, including establishing a commission cash fund, providing compensation for commissioners, authorizing fees and adding background-check provisions.

The bill passed final reading 46-2 and was approved by the governor April 7.

In June, the Medical Cannabis Commission approved an inspection allowing the first licensed cultivator to begin planting marijuana in Nebraska.

The commission then moved into the product-manufacturer licensing stage.

On September 4, 2026, the Nebraska Supreme Court unanimously rejected a challenge seeking to invalidate the petition signatures behind the state’s two medical marijuana initiatives.

The court affirmed the Lancaster County District Court’s determination that the petitions contained enough legally valid signatures to qualify for the ballot, leaving both voter-approved medical marijuana laws intact.

The Medical Cannabis Commission voted August 17 to advance another package of proposed regulatory amendments and a proposed fee schedule.

Those proposed changes are not currently in effect and must complete Nebraska’s formal rulemaking process before becoming law.

No. Recreational marijuana possession, sales and home cultivation remain illegal.

Yes. Nebraska voters legalized medical marijuana in 2024, and qualifying patients may legally possess and use marijuana within the protections of the Nebraska Medical Cannabis Patient Protection Act.

A qualifying patient may possess up to 5 ounces of marijuana.

There is no legal recreational possession amount. A first offense involving 1 ounce or less is an infraction carrying a $300 fine.

No state-licensed retail dispensary system is operational as of September 13, 2026. Nebraska is still licensing and developing its medical marijuana supply chain.

Not from state-licensed dispensaries under the current regulations. Raw plant material is prohibited from dispensary sale.

Traditional marijuana-infused foods and beverages are prohibited under current dispensary regulations. Tablets, capsules, tinctures and several other non-food preparations are allowed.

No. Nebraska does not authorize patient or caregiver home cultivation.

No. A qualifying health care practitioner may recommend marijuana when, in the practitioner’s judgment, its potential benefits outweigh its potential harms for treating or alleviating a patient’s medical condition, symptoms or treatment side effects.

Nebraska does not provide automatic reciprocity based solely on an out-of-state medical marijuana card.

Nebraska Revised Statute § 28-416: Marijuana Possession and Controlled Substance Penalties

Nebraska Revised Statute § 71-24,104: Medical Cannabis Definitions and 5-Ounce Limit

Nebraska Revised Statute § 71-24,105: Medical Cannabis Patient Protections

Nebraska Medical Cannabis Commission

Nebraska Medical Cannabis Commission: Current Rules and Regulations

Nebraska Supreme Court: Kuehn v. Evnen