Recreational cannabis dispensaries are prohibited in Nebraska. Medical marijuana dispensaries were authorized by Initiatives 437/438 in November 2024 but implementation and zoning rules are under development by the Nebraska Medical Cannabis Commission. CBD/hemp products with under 0.3% THC remain legal through regular retail.
Recreational cannabis dispensaries are prohibited throughout Douglas County under Nebraska state law. Nebraska Initiative 437 (legalizing medical use) and Initiative 438 (regulatory framework) passed in November 2024, directing the creation of the Nebraska Medical Cannabis Commission to license dispensaries, cultivators, and product manufacturers. Implementation is ongoing as of 2026 and faces ongoing litigation regarding signature petition validity and constitutional challenges. When medical dispensaries open, they will be subject to local zoning under Omaha Municipal Code Ch. 55 and Douglas County Zoning Resolution. Typical zoning approaches elsewhere include distance-buffer requirements from schools, churches, and parks (commonly 500 to 1,000 feet), limits on total dispensary count by district, and specific commercial zone restrictions (B-1, B-2). Omaha has not yet adopted specific dispensary zoning. Unauthorized cannabis sales operations face felony distribution charges under Neb. Rev. Stat. §28-416 with penalties including prison time and property forfeiture. CBD products derived from hemp with less than 0.3% delta-9 THC are legal under the Nebraska Hemp Farming Act and can be sold through regular retail channels.
Unauthorized cannabis sales: Class IIA to Class ID felony under Neb. Rev. Stat. §28-416 depending on quantity. Fines up to $25,000 and 1 to 50 years imprisonment. Property and proceeds subject to forfeiture. Federal Controlled Substances Act charges possible.
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See how Douglas County's dispensary zoning rules stack up against other locations.
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