Will Medical Marijuana Come To Nebraska?

There is a new petition going around to get medical marijuana legalization on the 2020 ballot in Nebraska. Previously, the state legislature has rejected attempts to establish some kind of medical cannabis program within Nebraska. As such, two Senators, Adam Morfeld and Anna Wishart formed a committee to get the issue before voters instead. Medical marijuana charges have increased as states surrounding Nebraska legalized it, and it has changed marijuana defense in Omaha, Nebraska as well.

This initiative has hopes to amend the Constitution of Nebraska and allow for the medical use, possession, access, and production in Nebraska. To legally obtain marijuana, citizens need to have a prescription from a doctor or nurse practitioner, as per the text of the ballot.

How The Ballot Will Become Law

In order for the ballot to pass, some 10% of the state’s registered voters have to sign the petition. At the same time, 5% of registered voters in at least 38 of 93 counties must sign it in order for it to be approved.

However, approval isn’t the only hurdle for the legalization of medical marijuana in Nebraska to pass. Governor Pete Ricketts has said that he will veto the legislation if it is to end up on his desk. This resistance will prove to be the most difficult hurdle, but those who support the ballot do not think that it is impossible.

Of course, there are many questions about just what the laws and regulations will be if medical marijuana is in fact legalized in Nebraska. Many different states have legalized marijuana for medicinal uses and some have even allowed for recreational usage up to a small amount, so it can get confusing at times and keeping up to date with the laws can be challenging. It is best to understand the laws before using or even applying for a prescription for medical marijuana.

Current Marijuana Laws in Nebraska

Currently, these are the legal conditions in Nebraska regarding marijuana:

Possession is illegal. If you have one ounce or less of marijuana, it is an infraction which is punishable by a fine of $300 and you may need to attend a drug education course. A second conviction is a misdemeanor with a fine of $500, and the third offense is punishable by a maximum sentence of seven days and a fine of $500.

Cultivation is illegal. Cultivation penalties in Nebraska vary and are determined by the total weight of the plants.

At the present time (March 2019), Nebraska does not have a medical marijuana program.

As the laws change, you need to keep up with the requirements and always ensure that you are following the laws as they are put forward. This is especially true if you plan to keep medical marijuana in your home or on your person.

First Time Marijuana Possession in Nebraska

In the eyes of the state at the current time, the use of marijuana for recreational purposes and medical purposes are treated the same way. In the state of Nebraska (and 22 other states), first time offenders are not jailed if they are found in possession of less than an ounce of marijuana.

Interestingly enough, Nebraska has one of the highest marijuana arrest rates in the United States. These arrests disproportionately impact African Americans – in a recent study by the ACLU,  it was found that African Americans are 5x more likely to be arrested for marijuana possession, despite the fact statistics show similar use rates.

Do You Need A Marijuana Drug Defense Attorney?

If you or someone you know has been charged with a medical marijuana offense anywhere within the state of Nebraska, please contact an experienced drug defense attorney at Nebraska Interstate Drug Defense Lawyer. We stand at the ready to defend you against state or federal drug charges. Please contact us today at (866) 576-5138.

The sooner that you can start working with a drug defense attorney, the better it will be. Rest assured that at Nebraska Interstate Drug Defense, we do not judge or lecture you. Instead, we work with our vast knowledge of Nebraska law and Omaha court systems to find a solution that will help you to get your life back on track.