Omaha Criminal Defense: Penalties for Marijuana Possession

In Omaha, marijuana is considered a Schedule 1 controlled substance. This means that both medical and recreational marijuana is illegal to use, possess, and cultivate according to state law. Daniel Stockmann, a key player in Omaha criminal defense, has years of experience working with clients caught up in marijuana charges, particularly for those who require the use of medical marijuana and have found themselves at odds with law enforcement. Nebraska’s citizens can greatly benefit from the legal advice Stockmann offers and his knowledge of the penalties they face.

Marijuana Possession Laws in Nebraska

Though marijuana is illegal in Nebraska, it has been decriminalized to some degree. According to NORML, decriminalization generally means that people facing first-time marijuana charges don’t face prison time. This does not apply to all charges, however; decriminalization usually only applies to possession of marijuana in small amounts. For example, possession of more than one ounce can result in up to three months of prison time. Having more than one pound of marijuana on hand is a class IV felony in Nebraska, which means up to two years of prison time and a potential fine of $10,000.

Cultivation and Distribution

Nebraska bases its consequences for growing marijuana on the weight of the plants found. When it comes to sales, citizens distributing any amount of marijuana face a serious penalty. There’s a no minimum sentence but the potential to serve 20 years and pay a fine of up to $25,000. Consequences for selling marijuana also depend on whether the recipient is a minor and where the transaction took place. For instance, selling marijuana within 1,000 feet of a school is automatically a felony.

Non-Traditional Marijuana Products in Nebraska

Penalties concerning marijuana possession are simple when it comes to the traditional forms of the plant. However, Nebraska and its counties ran into controversy when other forms of marijuana began appearing on the market. Because marijuana content in edibles, oils, and other products is harder to quantify, law enforcement has a harder time determining consequences. According to a news article from NET, Nebraska law enforcement officials handle these products differently from county to county. Some counties will charge citizens in possession of edibles with a felony, based on its hash content, while others merely charge a fine.

Just recently, government officials ruled yet another marijuana product illegal for consumption and distribution in Nebraska. Since cannabidiol hemp oils have come on the scene in Omaha, controversy erupted. The state attorney general quickly sent a memo to law enforcement officials questioning these marijuana products. Because drugs containing cannabidiol have not been approved by the FDA, it remains an illegal substance throughout the state.

Contact Omaha Criminal Defense Lawyer Daniel Stockmann

If you or anyone you know is facing a marijuana-related drug charge, call on the best of Omaha criminal defense. Daniel Stockmann is a highly skilled drug lawyer specializing in drug cases. For situations involving medical marijuana particularly, he will be on your side and ready to defend your cause with his years of experience and extensive knowledge on the subject matter. For more information on how to get started on your case, fill out the free case evaluation form on this page or call (844) 906-0641 today.