Nebraska

Overview

Nebraska has historically operated with no medical-cannabis program and continues to prohibit adult-use cannabis. Possession of small amounts of cannabis is decriminalized for first offenses under longstanding Nebraska law.

In November 2024, Nebraska voters approved both Initiative Measure 437 (the Nebraska Medical Cannabis Patient Protection Act, ~71% approval) and Initiative Measure 438 (the Medical Cannabis Regulation Act, ~67% approval). Implementation has been contested in subsequent litigation and legislative responses; the operational status of patient registration and licensed dispensaries should be verified against the state's most recent rulemaking. As of mid-2026, the framework is in legal transition and there is no fully operational licensed medical-cannabis dispensary system statewide.

Adult-use status

Adult-use cannabis is illegal. Possession of 1 ounce or less is a civil infraction for first offense ($300 fine, no jail). Subsequent offenses scale to misdemeanor and felony:

• Second offense (≤1 oz): Class IV misdemeanor. Up to 5 days jail and $500 fine.
• Third+ offense (≤1 oz): Class IIIA misdemeanor. Up to 7 days and $500.
• Over 1 oz to 1 lb: Class III misdemeanor. Up to 3 months and $500.
• Over 1 pound: Class IV felony. Up to 2 years and $10,000.
• Manufacture or distribution: Class II–III felony scaling by quantity.

Medical status (in transition)

The voter-approved Initiatives 437 and 438 of 2024 establish the statutory framework for a state medical-cannabis program. Implementation, including rulemaking and licensure of patient-access pathways, remains in progress under the state's executive and legislative review. There is no settled qualifying-condition list, possession cap, or licensed-dispensary roster yet operational.

Out-of-state medical-cannabis cards confer no legal protection in Nebraska under existing statute, regardless of pending implementation.

CBD and hemp

Nebraska permits possession of CBD products containing 0.3% THC or less under industrial-hemp framework. The state has historically taken a more cautious posture than neighboring states on hemp-derived intoxicating cannabinoids; enforcement varies.

Initiative 437 and 438 implementation status

The two 2024 ballot measures created complementary frameworks:

• Initiative 437 (Patient Protection Act): establishes a possession-and-use protection for patients who hold a written certification from a licensed healthcare practitioner. Possession cap of 5 ounces.
• Initiative 438 (Regulation Act): creates the Nebraska Medical Cannabis Commission within the Nebraska Liquor Control Commission, authorizes licensure of producers, processors, dispensaries, and testing labs.

Implementation has been blocked by parallel tracks:

• Litigation: state-level lawsuits filed by the Attorney General and individual plaintiffs have challenged the initiatives on procedural grounds (signature validity, fraud allegations) and substantive grounds (federal preemption). The Nebraska Supreme Court declined to invalidate the measures in late 2024 but litigation continues.
• Legislative response: the 2025 unicameral session considered LB 677 (medical cannabis implementation framework) and LB 707 (initiative repeal). Neither advanced. The 2026 session produced LB 16 (implementation rulemaking deadline) which was carried over without enactment.
• Rulemaking delay: the Medical Cannabis Commission has not promulgated final regulations as of mid-2026. Patient certification, possession-cap enforcement, and the licensed dispensary system are not operational.

Patients with written certifications from qualifying healthcare practitioners have an affirmative defense under Initiative 437, but no state-issued ID card and no licensed source of supply.

Patients and caregivers

Pending Initiative 437 implementation, Nebraska recognizes no patient ID card or caregiver designation. The initiative text contemplates caregivers for minors and incapacitated adults, but the regulatory framework that would operationalize caregiver designation has not been adopted.

Reciprocity and visiting patients

Nebraska does not extend reciprocity to any out-of-state medical-cannabis program. Visiting patients carrying medical cards from Colorado, Missouri, Iowa (which began limited program in 2014), South Dakota, or any other state receive no statutory protection. Nebraska possession remains a civil infraction, misdemeanor, or felony depending on quantity and recidivism. I-80 and I-29 see concentrated drug-interdiction activity at the Colorado and Iowa borders.

Employment and workplace

Nebraska is an at-will employment state with no statutory cannabis protection. Employers may discipline or terminate workers for positive THC tests regardless of off-duty use. Workers' compensation may be denied for accidents where post-incident testing returns positive.

Initiative 437 explicitly preserves employer authority to maintain drug-free workplace policies and to discipline or terminate employees for cannabis use, including off-duty use. The initiative does not create any employment-protection right for patients. Public-employee positions and federal-contractor roles follow federal drug-free workplace rules.

Hemp-derived intoxicants

Nebraska aligns with the federal 2018 Farm Bill on industrial hemp (0.3% THC or less by dry weight). The state has historically taken a more cautious posture than neighboring states on intoxicating hemp-derived cannabinoids (delta-8 THC, delta-10 THC, THC-O, HHC). The 2023 session considered restrictions; enforcement has varied by jurisdiction. Omaha and Lincoln show more permissive retail availability than rural counties.

Federal context

Federal-jurisdiction exposure layers on top of state law on federal land, highways, military installations (Offutt Air Force Base), and tribal land within Nebraska (including portions of the Omaha, Winnebago, Santee Sioux, Ponca, and Pawnee reservations, where tribal cannabis policies may differ from state law).