Marijuana is legal in Nebraska only for medical use: qualified patients with a written recommendation from a health care practitioner may possess up to 5 ounces, but as of October 2026 no licensed dispensary is open, so there is still no legal place in the state to buy it. Recreational marijuana is illegal. For anyone else, a first offense for 1 ounce or less is an infraction with a $300 fine.
Voters approved medical cannabis in November 2024, but lawsuits and slow rulemaking have delayed sales. This guide covers the rules as of October 2026, with links to the statutes behind them. It is general information, not legal advice.
Nebraska Cannabis Laws at a Glance
| Topic | The rule in Nebraska | Source |
|---|---|---|
| Legal status | Medical use only; recreational use is illegal | Neb. Rev. Stat. 71-24,105 |
| Medical possession limit | Up to 5 ounces for a qualified patient or caregiver | Neb. Rev. Stat. 71-24,104 |
| Who qualifies | Adults 18+ with a practitioner’s written recommendation; minors also need a parent’s or guardian’s written permission | Neb. Rev. Stat. 71-24,104 |
| Possession, 1 oz or less (non-patients) | 1st offense: infraction, $300 fine; penalties rise for repeat offenses | Neb. Rev. Stat. 28-416(14) |
| Possession, over 1 oz | Class III misdemeanor up to 1 lb; Class IV felony above 1 lb | Neb. Rev. Stat. 28-416(12), (13) |
| Where to buy | Nowhere yet; no dispensary is licensed | Nebraska Medical Cannabis Commission |
| Home grow | Not authorized, including for patients | Neb. Rev. Stat. 71-24,105; 28-416 |
| Driving | DUI if under the influence of any drug; no numeric THC limit | Neb. Rev. Stat. 60-6,196 |
| Regulator | Nebraska Medical Cannabis Commission | Neb. Rev. Stat. 71-24,109 |
Is Marijuana Legal in Nebraska?
Only for qualified patients. On November 5, 2024, voters approved Initiative 437, the Nebraska Medical Cannabis Patient Protection Act, which lets a qualified patient use, possess and acquire up to 5 ounces, with a caregiver’s help, under Neb. Rev. Stat. 71-24,105. It won 71% of the vote, per the commission. Initiative 438, the Nebraska Medical Cannabis Regulation Act, created the commission to license growers, manufacturers and dispensaries. For everyone else, marijuana stays in Schedule I under Neb. Rev. Stat. 28-405.
The court challenge
Former state Sen. John Kuehn sued to void both initiatives over petition signatures, later joined by the Secretary of State and Attorney General. A Lancaster County judge dismissed the case, and in September 2026 the Nebraska Supreme Court affirmed 7-0, finding the challengers had not shown enough invalid signatures to sink the petitions, WOWT reported.
Who Qualifies as a Medical Patient
Under Neb. Rev. Stat. 71-24,104, a qualified patient is an adult 18 or older with a written recommendation from a physician, osteopathic physician, physician assistant or nurse practitioner. Patients under 18 also need written permission from a parent or guardian. The recommendation must say the potential benefits of cannabis outweigh the potential harms for the patient’s condition, and it is valid for two years unless the practitioner sets another period. The law has no list of qualifying conditions and no patient registry or ID card.
A caregiver for an adult patient must be at least 21 and designated in a signed affidavit; for a minor, it is a parent, guardian or their sworn designee.
Can You Buy Medical Marijuana in Nebraska Yet?
No. As of October 2026 no dispensary or manufacturer is licensed, so there is no legal source in the state.
Permanent regulations were approved by the Attorney General on June 30, 2026 and Gov. Jim Pillen on July 1, 2026, per the commission. It has approved four cultivator licenses and had ten manufacturer applications pending on September 14, 2026, per its draft minutes. Amended rules, mainly on fees, go to a public hearing on October 15, 2026; the commission expects them, and a new manufacturer application round, in early 2027.
When dispensaries do open, the current regulations (238 NAC 1) set tight limits:
- Number of stores: no more than one dispensary per district court judicial district. Nebraska has 12 such districts under Neb. Rev. Stat. 24-301.02.
- Allowed products: tablets, capsules, tinctures, topicals, suppositories, patches, nasal sprays and nebulizer or inhaler liquids.
- Banned products: raw flower, anything smoked or vaped, infused food or drink, and products over 60% total THC or 40 mg per dose.
- Purchase limits: no more than a 30-day supply based on the practitioner’s written order, and no more than 5 grams of total THC per patient in any 90-day period.
- Practitioners: only those who primarily practice in Nebraska and enroll in the commission’s directory may send orders to a dispensary.
Possession Penalties for Non-Patients
Under Neb. Rev. Stat. 28-416(14), possessing 1 ounce or less is:
- First offense: an infraction, with a citation, a $300 fine and possibly a drug education course.
- Second offense: a Class IV misdemeanor, with a $400 fine and up to 5 days in jail.
- Third and later offenses: a Class IIIA misdemeanor, with a $500 fine and up to 7 days in jail.
More than 1 ounce up to 1 pound is a Class III misdemeanor: up to 3 months in jail, a $500 fine or both (Neb. Rev. Stat. 28-106). More than 1 pound is a Class IV felony: up to 2 years in prison plus 12 months of post-release supervision, a $10,000 fine or both, under Neb. Rev. Stat. 28-105.
Selling, growing or possessing with intent to distribute is a Class IIA felony under 28-416(2), up to 20 years. Using or possessing drug paraphernalia is an infraction under Neb. Rev. Stat. 28-441.
Home Growing
Home cultivation is not legal. The patient law protects using, possessing and acquiring cannabis, not growing it. Only commission-licensed cultivators may grow.
Driving, Travel and Federal Law
Driving under the influence of any drug is a crime under Neb. Rev. Stat. 60-6,196. There is no numeric THC limit.
Carrying cannabis across state lines is illegal under federal law, even for patients and even between medical states. Since April 2026, federal Schedule III status covers only marijuana held under a state medical marijuana license and FDA-approved products; all other marijuana remains Schedule I. See our federal marijuana law guide.
Is Delta-8 or Hemp THC Legal in Nebraska?
Nebraska defines hemp as cannabis with no more than 0.3% delta-9 THC on a dry weight basis, including its derivatives and cannabinoids, and says hemp is not a controlled substance under Neb. Rev. Stat. 2-503. LB 316, which would have banned most consumable hemp products, and LB 16, which would have regulated them, were both indefinitely postponed on April 17, 2026.
Under a federal law signed November 12, 2025, the federal hemp definition shifts to a total-THC standard, finished products are capped at 0.4 mg of total THC per container, and cannabinoids synthesized or converted from hemp, such as most delta-8, are excluded. Those limits take effect November 12, 2026 for cannabinoids the plant cannot naturally produce, such as THC-O, and December 11, 2026 for everything else, including delta-8.
What Changed in Nebraska Cannabis Law Recently
- LB 1235 (April 2026): signed April 7, 2026, it set a $12,500 annual salary for commissioners, created a commission cash fund, capped any single fee at $50,000 and required FBI fingerprint background checks for applicants, per the bill record.
- LB 677 (2025-2026): a bill to rewrite the medical program failed a cloture vote on May 20, 2025 and was indefinitely postponed on April 17, 2026, per the Legislature’s record.
- Adult-use amendment (2026): A proposed constitutional amendment to let adults 21 and older use cannabis did not submit enough signatures to appear on the November 3, 2026 ballot, according to Ohio State’s Drugs on the Ballot tracker (checked October 24, 2026). Recreational marijuana remains illegal in Nebraska. See our 2026 marijuana ballot measures guide.
From the editor, James Buddsey: Nebraska shows the gap between a law and a market. Patients may possess medical cannabis, yet there is still nowhere in the state to buy it. Treat “legal for patients” as a narrow protection, not a shopping list.
Nebraska Marijuana Laws FAQ
Is weed legal in Nebraska?
Only for medical use. Qualified patients may possess up to 5 ounces under Neb. Rev. Stat. 71-24,104. Recreational use is illegal.
Can you buy medical marijuana in Nebraska?
Not yet. As of October 2026 no dispensary has been licensed.
What is the penalty for possessing marijuana in Nebraska?
A first offense for 1 ounce or less is an infraction with a $300 fine. Over 1 pound is a felony.
Do you need a medical card in Nebraska?
No. Nebraska has no patient registry or card. Patients need a practitioner’s written recommendation, generally valid for two years.
Can you grow marijuana in Nebraska?
No. Home growing is not legal for anyone, including patients.
Is delta-8 legal in Nebraska?
State law treats hemp with no more than 0.3% delta-9 THC as legal, and a 2025 bill to ban most hemp THC products was postponed indefinitely in 2026. Federal changes taking effect December 11, 2026 will exclude converted cannabinoids such as most delta-8 from the hemp definition.
More State and Federal Cannabis Guides
Neighboring states: Colorado, Missouri, Iowa, Kansas, South Dakota and Wyoming. Browse all state cannabis law guides and our federal marijuana law guide.
Neighboring state guides: South Dakota · Iowa · Missouri · Kansas · Colorado · Wyoming · All state cannabis laws
General information about Nebraska cannabis law as of October 2026, not legal advice.