Nebraska law lists marijuana as a Schedule I controlled substance, both recreationally and medically.
Although cannabidiol (CBD) can be possessed by the University of Nebraska and Nebraska Medicine for the medical CBD pilot study, anyone not participating in the pilot study will not be treated the same. Instead, they will likely be treated as if they are in possession of an illegal controlled substance.
Penalties in Nebraska for marijuana will depend on the form the marijuana is found in and the percentage of tetrahydrocannabinol (THC) - the psychoactive property.
If you are caught with 1 oz. or less of marijuana bud, regardless of THC percentage, and it is your first infraction, you will be charged with only an infraction and a maximum fine of $300. Possession from 1 oz. to 1 lb. of marijuana is a Class III misdemeanor, with incarceration of 3 months and a $500 fine.
Possession of edibles, or consumable foods, teas or other products containing marijuana or THC concentrate are a Class IV felony in Nebraska, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000. Even one “pot” brownie may land you charged with a felony.
Nebraska Revised Statute 28-401 states hash/concentrated THC as “(a) the separated resin, whether crude or purified, obtained from a plant of the genus cannabis or (b) any material, preparation, mixture, compound, or other substance which 10% or more by weight of tetrahydrocannabinols”
If you take any steps to extract the THC from the plant, and the result is over 10% THC by weight, you may be looking at a felony. However, regardless of where the THC came from, the State still has to prove greater than 10% by weight to move it to a felony versus treating this as you would any other form of marijuana.
Other forms of THC concentrate that this law would apply to include hash oil, THC vape pens, and wax made of THC concentrate.
Regardless of the amount of bud found by law enforcement, the percentage of THC by weight will not be implied in the charge, and it will fall under different marijuana laws. Only if the charged is in possession of more than 1 lb. of bud will they be charged with a felony.
Hash, concentrates, and marijuana are all schedule I, meaning they are drugs defined by the federal government as drugs with no currently accepted medical use and high potential for abuse.
Drug paraphernalia such as bongs, pipes or rolling papers is an infraction upon first offense with a maximum fine of $100. If used paraphernalia is found, it is possible that you will receive the same infraction as you would if you were in possession of marijuana bud from the resin on the piece of used paraphernalia.
Every marijuana case is different, so it is important to contact an experienced drug defense attorney to be sure that your case can have the best possible outcome.
If you or a loved one has been the target of a marijuana investigation, contact the the aggressive criminal defense attorneys at Berry Law Firm.