However, the prohibitory nature of marijuana laws in Nebraska, exclude the state from being a part of these 33 states.
So what exactly do these laws have to say about the penalties for possession, consumption, and delivery of pot? Let’s start by having a look at the classification of marijuana under these laws.
Marijuana: A Schedule I Controlled Substance
Nebraskan law divides “controlled substances” into five different categories or schedules. Under these laws, schedule I drugs cover the most dangerous of the controlled substances that have been associated with a higher probability of abuse and addiction. The subsequent schedules (II-V) cover, what are considered, less dangerous or addictive drugs.
Marijuana is listed as a schedule I controlled substance, making possession, distribution, cultivation and even medical use completely illegal under Nebraskan drug laws.
Penalties Under Marijuana Laws in Nebraska
As far as penalties go, they vary depending on the circumstances of the case. However, possession of less than an ounce of marijuana has been decriminalized and first-time offenders will only face a fine of up to $300. Depending on the situation, the judge may also order a drug education course for the defendant.
This kind of offense is considered a mere infraction and falls under civil law, and not its criminal counterpart.
Second-time offenders may receive a fine of up to $400, along with 5 days of imprisonment. However, subsequent offenses might warrant jail time of up to 7 days, along with a fine of up to $500. Every offense for possession after the first will be considered a misdemeanor.
For a felony charge, a person would have to be in possession of more than a pounds worth of marijuana. This kind of offense would warrant a fine of up to $10,000 and jail time of up to 5 years. The possession with intent to deliver penalty can be much more severe depending on the quantities involved.
What to Do if You Are Charged With Possession
The marijuana laws in Nebraska can seem quite steep for those charged with possession of over a pound. If you find yourself in a situation like this, it is advisable to seek out legal help with a trusted and experienced drug or narcotics attorney. Be wary that drug laws vary from state to state, and it might be in your best interest to choose an attorney that is local to your state or has their practice within it.
If you’re uncertain about whether or not your lawyer is right for you, consider taking up free consultations with a variety of law firms and making your decision after you’re satisfied with your initial discussions. Be sure to do a lot of research, ask for recommendations and read up on the laws yourself.
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