Navigating Nebraska: A Traveler's Guide to Medical Marijuana

Unfortunately, if you’re hoping to get a medical marijuana card in Nebraska, you’re completely out of luck.

19:10 15 December 2023

Unfortunately, if you’re hoping to get a medical marijuana card in Nebraska, you’re completely out of luck. Lawmakers in the state remain wedded to the 1930s idea of marijuana, and various attempts to get them to see sense have failed. 

I could say that hope is on the horizon as several groups continue to advocate for cannabis. However, the earliest that NE will welcome MMJ is November 2024, and quite frankly, it doesn’t seem all that likely. Below, I look into the situation regarding medical marijuana in Nebraska and outline the penalties you face for breaking the state’s current laws.

Why Can’t You Get MMJ in Nebraska?

The simple answer is that the state’s lawmakers continue to fight against it. There have been several attempts to allow people to apply for a medical marijuanas card in NE, but the state’s politicians refuse point blank to do anything about it. Apparently, something that grows naturally is bad, whereas lab-based opioids that are highly addictive and kill hundreds of thousands of people are fine.

Back in 2015, the Cannabis Compassion and Care Act was one of the most notable pro-marijuana reform attempts that bit the dust. The idea was to give medical marijuana patients in Nebraska the opportunity to use the substance in liquid or pill form. Naturally, the state governor said ‘no’, and the act was shelved.

A ballot measure in 2020 was invalidated because it supposedly broke the state’s rules, while another effort in 2022 didn’t see the light of day because the NE Secretary of State decided that it didn’t get enough valid signatures. This is despite the fact that the two initiatives in question actually exceeded the requirement by over 10%. Basically, the Secretary of State decided to pretend that a significant number of the signatures were fake despite not having proof. 

Unperturbed, Nebraskans for Medical Marijuana plan to try again in 2024. This time, they are backed by Ana Wishart, a Nebraskan senator. Even if the bill manages to pass, it will be one of the strictest in the country. It doesn’t allow you to smoke or vape the substance even if you have a medical marijuana card in Nebraska. Furthermore, edibles are banned, and it will remain illegal to grow plants at home.

Marijuana Penalties in Nebraska and Outlook

The one plus point about medical marijuana in Nebraska is the fact that the substance was decriminalized in the 1970s. So, if you’re caught with up to an ounce of weed, you only face a civil infraction rather than the possibility of jail time. The maximum fine of $300 is annoying, but it’s a lot better than sharing a cell with Bubba, who was convicted of triple homicide because some elves told him to do it.

A second conviction for the possession of small amounts of weed will lead to a short prison stint of up to five days. You could receive a three-month sentence if found with more than an ounce. 

Whatever you do, don’t sell weed in Nebraska! If caught, you could spend up to two decades in jail! The bare minimum sentence is a year, and since it’s a felony, the risk of spending your time with Bubba-type characters greatly increases. 

In terms of the possibility of medical marijuana coming to Nebraska, I wish I could say that things are looking good. In reality, it is far more likely that the next attempt to legalize the substance medicinally in 2024 will fail like all the others. However, if an MMJ measure makes it to the ballot, there’s a decent chance that Nebraskans will say ‘yes.’ Whether lawmakers will listen to the public is a different matter.

I wish they would because there’s evidence that marijuana could help combat opioid use disorder, an issue that’s killing hundreds of people each week. 

Final Thoughts on Medical Marijuana in Nebraska

At the time of writing, you can’t get medical marijuana in Nebraska. There is a concerted effort to get a new measure on the ballot in 2024. Whether it succeeds is another tale entirely. Certainly, if NE never gets MMJ, it won’t be due to a lack of effort on the part of advocacy groups.