As a weed lawyer in Omaha following potential legislative changes is paramount for Stockmann Law. Nebraska is one of 31 states that does not jail first-time offenders found in possession of a small amount of cannabis. First offense possession of up to an ounce of marijuana is a civil infraction punishable under Nebraska law by a $300 fine — and a possible drug education course — instead of jail time and is a citation as opposed to an arrest. Second offense possession of up to an ounce carries a $400 fine and up to five days in jail, and third offense possession is punishable by up to a week in jail and a fine of $500. Second and third offense possession are misdemeanors, but are only citable, and not arrestable, offenses.
However, according to the ACLU, African Americans in Nebraska are nearly five times as likely to be arrested for marijuana possession as their white neighbors, despite similar use rates.
You can read about why states should replace marijuana prohibition with a system that legalizes marijuana for adults 21 and older and regulates it like alcohol. This approach would take the lucrative product off the criminal market and create thousands of legitimate jobs and tens of millions of dollars in tax revenue while ending racial disparities in arrests and allowing police to focus on serious crime.
The Marijuana Policy Project has Given Up Hope for a 2022 Vote
Earlier this year, state Senator Anna Wishart introduced LB 474 to establish a medical cannabis program through the Nebraska Unicameral Legislature. Despite a strong public push from medical cannabis patients, their families, and other allies, the bill came up two votes short of the 33 needed to overcome a filibuster in the 49-member legislative body.
Advocates for sensible marijuana laws are now initiating a 2022 ballot effort to legalize medical cannabis. Last year, the Nebraska Supreme Court issued a flawed ruling that stripped a medical marijuana constitutional measure from the 2020 ballot, but advocates are confident that new language can avoid potential legal challenges.
Prepare for a Massive Campaign in 2022
Nebraskans for Medical Marijuana have submitted new constitutional petition language, and the group is ramping up its signature drive. Nebraskans who want to be part of the effort can sign up to be a volunteer signature gatherer here.
There is also discussion around an effort to legalize cannabis for adults’ use in 2022, and a separate campaign backing that effort is expected to emerge soon.
Current Marijuana Laws in Nebraska
Possession is illegal in Nebraska. Possession of one ounce or less is an infraction, which is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course. A second conviction for possession of one ounce or less is a misdemeanor punishable by a maximum fine of $500, and the third and subsequent convictions for possession of one ounce or less are a misdemeanor and are punishable by a maximum sentence of seven days imprisonment and a maximum fine of $500.
Retain an Experienced Weed Lawyer in Omaha
Regardless of where the legislation may be headed, it’s still a crime to have any amount of any cannabis product for any reason in the state of Nebraska. Moreover, those who are convicted face serious consequences which can impact their entire life and may include time behind bars. If you’ve been picked up for a marijuana-related crime, you’ll need the help of an experienced weed lawyer in Omaha. Daniel Stockmann is that attorney. With nearly two decades of work and a law practice focused on drug-related issues, Mr. Stockmann has an impeccable track record and is wholly dedicated to helping his clients beat their charges and move on with their lives. To get a free consultation with Mr. Stockmann, call (402) 884-1031 or complete the form on this page and we’ll be in touch as soon as possible.
