Growing cannabis at home is illegal in Nebraska and in Sarpy County. Voters legalized only medical use in November 2024, with no home-grow right. Possessing an ounce or less is a civil infraction with a $300 fine on a first offense.
Nebraska had no legal cannabis until November 2024, when voters passed Initiatives 437 and 438 legalizing medical cannabis for patients with a health-care practitioner's recommendation and creating a Nebraska Medical Cannabis Commission. That measure does not permit home cultivation, and recreational marijuana remains illegal. Growing cannabis plants is treated as manufacture of a controlled substance under Neb. Rev. Stat. §28-416 and can be charged as a felony. Simple possession of one ounce or less is a civil infraction: a $300 fine on a first offense. Sarpy County and its cities follow this state framework; there is no local home-grow allowance.
Cultivating cannabis can be charged as manufacture of a controlled substance under §28-416, a felony depending on amount. Possession of an ounce or less is a first-offense infraction fined $300.
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See how Sarpy County's home cultivation rules stack up against other locations.
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