Nebraska Marijuana Compliance
Based on the Nebraska Medical Cannabis Patient Protection Act, patients with a healthcare provider's recommendation can possess up to five ounces of marijuana if its benefits outweigh the potential harms for their condition—without restrictions on qualifying conditions or consumption methods. Regulation falls under the Nebraska Medical Cannabis Regulation Act, which established the Nebraska Medical Cannabis Commission to oversee licensing and compliance for medical cannabis production and distribution.
The commission includes the Nebraska Liquor Control Commission members and up to two governor-appointed members, confirmed by the Legislature. By July 1, the commission must set rules and eligibility standards, and it is required to begin issuing licenses by October 1, 2025. Until then, medical cannabis remains unavailable for purchase and illegal in the state.
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.
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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: Partially Legal
Nebraska has not legalized the recreational use of marijuana, but medical use is now legal.
Medical Marijuana: Legal
Nebraska's ballot measure allows qualified patients to use, possess, and obtain up to five ounces of cannabis for medical treatment. Qualified patients include those 18 and older with a written recommendation from a healthcare provider and those under 18 with a recommendation and parental consent. Voters also approved a measure to regulate the marijuana industry and establish the Nebraska Medical Cannabis Commission, which will oversee the compliance of registered cannabis establishments, eliminating state penalties for legal medical marijuana activities.
However, employers are not required to allow marijuana use at work and can terminate employees for using or being impaired during work hours.
Decriminalized: Yes
As of June 2025, marijuana remains illegal for recreational use in Nebraska. However, the state has decriminalized the possession of up to one ounce of marijuana. Under this decriminalization, individuals caught with one ounce or less face a civil infraction punishable by a fine of up to $300 rather than criminal prosecution.
In November 2024, Nebraska voters approved two medical marijuana initiatives, which allowed patients with a healthcare provider's recommendation to possess up to five ounces of cannabis legally. This change took effect in January 2025, following the dismissal of a legal challenge. The Nebraska Medical Cannabis Commission must establish rules and regulations for medical cannabis establishments, with licensing expected to begin by October 1, 2025.
Therefore, while recreational marijuana use remains illegal and decriminalized in Nebraska, medical marijuana use is now legal for qualifying patients, with dispensaries anticipated to open later in 2025.
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 6/6/2025
Frequently Asked Questions
Is marijuana legal in Nebraska?
Nebraska has not legalized the recreational use of marijuana, but medical use is now legal.
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 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 two 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.