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Omaha, NE Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Dispensary Status
Illegal: no state program
Zoning Provisions
None, not permitted
State Law
NE Rev. Stat. §28-416
Penalty
Up to 20 years imprisonment

Summary

Cannabis dispensaries are illegal in Nebraska. The state has not legalized marijuana for recreational or medical use, so no dispensary zoning regulations exist. All marijuana sales remain criminal offenses under Nebraska law.

28-416. Prohibited acts; violations; penalties. (1) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance. [...] (4)(a) Except as authorized by the Uniform Controlled Substances Act, any person eighteen years of age or older who knowingly or intentionally manufactures, distributes, delivers, dispenses, or possesses with intent to manufacture, distribute, deliver, or dispense a controlled substance or a counterfeit controlled substance (i) to a person under the age of eighteen years, (ii) in, on, or within one thousand feet of the real property comprising a public or private elementary, vocational, or secondary school, a community college, a public or private college, junior college, or university, or a playground, or (iii) within one hundred feet of a public or private youth center, public swimming pool, or video arcade facility shall be punished by the next higher penalty classification than the penalty prescribed in subsection (2), (7), (8), (9), (10), or (11) of this section, depending upon the controlled substance involved, for the first violation.

Source: NE Rev. Stat. §28-416View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Because Nebraska has not enacted any form of legal marijuana program, there are no dispensary zoning provisions in Omaha's zoning code (OMC Title 55). Any establishment selling marijuana would be operating illegally. Nebraska's neighboring states (Colorado, Iowa) have varying levels of legalization, but Nebraska law applies within Omaha city limits regardless of neighboring state policies.

Violations & Fines

Operating a marijuana dispensary is a felony under Nebraska law. Distribution of marijuana carries penalties of up to 20 years imprisonment and substantial fines depending on quantity.

Frequently Asked Questions

Are there cannabis dispensaries in Omaha?
No. Cannabis dispensaries are illegal in Nebraska. The state has no recreational or medical marijuana program, so no dispensary zoning rules exist.
Will Nebraska legalize dispensaries?
As of 2025, Nebraska has not legalized any form of marijuana sales. Multiple ballot initiatives have been attempted but none have succeeded.

Sources & Official References

Other rules in Omaha

All Omaha rules

Compare Omaha to another location·View the Nebraska cannabis regulations overview

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