NEBRASKA MARIJUANA LAWS: YOUR GUIDE TO CHARGES AND PENALTIES
Are you wondering if weed is legal in Nebraska? Welcome to your comprehensive guide on Nebraska marijuana laws. This discussion will explore the various charges and penalties associated with marijuana possession, sale and distribution, cultivation and manufacturing, marijuana paraphernalia, and driving under the influence.
Understanding the consequences of these offenses is crucial, so stay tuned to discover the legal landscape surrounding marijuana in Nebraska.
Possession Charges and Penalties
Possession of marijuana in any amount is considered a criminal offense in Nebraska. The penalties for possession depend on the amount of marijuana you have and whether it’s your first offense or not.
- 1st offense, possession of less than one ounce of marijuana is a misdemeanor, punishable by up to seven days in jail and a fine of up to $300. Possession of one ounce to one pound is a misdemeanor as well, but the penalties increase to a maximum of three months in jail and a fine of up to $500.
- 2nd offense, possession of less than one ounce is still a misdemeanor, but the penalties increase to a maximum of three months in jail and a fine of up to $500. Possession of one ounce to one pound is a felony, punishable by up to five years in prison and a fine of up to $10,000.
- In addition to these penalties, a conviction for marijuana possession can also result in a driver’s license suspension, drug counseling or treatment programs, and a permanent criminal record. It’s crucial to understand the legal consequences of possessing marijuana in Nebraska to avoid any unnecessary trouble with the law.
Sale and Distribution Charges and Penalties
Selling or distributing marijuana in Nebraska carries severe charges and penalties. If you’re caught engaging in these activities, you could face serious consequences. The severity of the charges and penalties depends on various factors, including the amount of marijuana involved and whether you have prior convictions.
A misdemeanor offense carries a maximum penalty of three months in jail and a fine of up to $500. However, if the amount exceeds one ounce, the offense is elevated to a felony. Felony charges for the sale or distribution of marijuana can result in substantial prison sentences and fines. The severity of these penalties increases with the amount of marijuana involved.
In addition to potential jail time and fines, a conviction for selling or distributing marijuana can have long-lasting consequences. It can affect your employment prospects, housing options, and educational opportunities. It’s important to understand the gravity of the charges and the potential impact they can have on your life.
Cultivation and Manufacturing Charges and Penalties
In Nebraska, the cultivation and manufacturing of marijuana is considered a felony offense. If you’re found guilty of growing or producing marijuana, you could face imprisonment, fines, or both.
The penalties for cultivation and manufacturing charges vary depending on the amount of marijuana involved.
- If the amount is less than one pound, it’s considered a Class IV felony, punishable by up to two years in prison and a fine of up to $10,000.
- If the amount is between one pound and 100 pounds, it’s a Class III felony, which carries a penalty of up to 20 years in prison and a fine of up to $25,000.
- For amounts exceeding 100 pounds, the penalties increase significantly. Cultivating or manufacturing more than 100 pounds of marijuana is classified as a Class II felony, punishable by up to 50 years in prison and a fine of up to $25,000.
These penalties can be enhanced if aggravating factors are present, such as cultivating marijuana near a school or involving minors in the process. In such cases, the penalties can be even more severe.
Marijuana Paraphernalia Charges and Penalties
In Nebraska, it’s illegal to possess any equipment, products, or materials that are primarily intended for use in cultivating, harvesting, manufacturing, testing, preparing, packaging, storing, or consuming marijuana. This includes items such as bongs, pipes, water pipes, vaporizers, and rolling papers. Even possessing residue of marijuana in these items can lead to charges.
If you’re found guilty of possession of marijuana paraphernalia, it’s considered a civil infraction for the first offense and can result in a fine of up to $100. Subsequent offenses are considered misdemeanors, which can lead to more severe penalties, including fines of up to $500 and imprisonment for up to three months.
Selling or delivering paraphernalia is a more serious offense. It’s considered a Class III misdemeanor, which can result in a fine of up to $500, imprisonment for up to three months, or both.
Nebraska has strict laws regarding marijuana paraphernalia, and the consequences for violating these laws can have a lasting impact on your life. It’s always best to consult with a legal professional if you find yourself facing charges related to marijuana paraphernalia.
Driving Under the Influence (DUI) Charges and Penalties
Driving under the influence (DUI) charges in Nebraska can lead to serious penalties and legal consequences. If you’re caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you can face severe penalties.
- 1st offense, you may be subject to a fine of up to $500, license suspension for 6 months, and up to 60 days in jail.
- 2nd offense, the penalties become harsher. You may face a fine of up to $1,000, license suspension for 18 months, and up to 90 days in jail.
- 3rd offense, the penalties escalate even further. You may be fined up to $10,000, have your license revoked for 15 years, and face up to 5 years in jail.
- Refusing a breathalyzer test can also result in penalties, such as a 1-year license suspension. In addition, if you have a minor in the vehicle while driving under the influence, the penalties can be enhanced.
Conclusion
If you find yourself in Nebraska and are thinking about getting involved with marijuana, think again. The possession, sale, cultivation, and distribution of marijuana are all illegal and can result in serious charges and penalties. The use of marijuana paraphernalia and driving under the influence can also lead to legal consequences. Being aware of these laws and making informed decisions prevent trouble with the authorities