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Omaha, NE Cannabis Regulations: Home Cultivation (2026)

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

Key Facts

Legal Status
Illegal: no recreational or medical program
Cultivation
Felony offense under NE law
State Law
NE Rev. Stat. §28-416
Penalty
1-20 years imprisonment
Decriminalization
Omaha decriminalized possession under 1 oz only

Summary

Cannabis cultivation is illegal in Nebraska. Marijuana remains a Schedule I controlled substance under Nebraska state law. Omaha residents may not grow cannabis plants for any purpose: recreational or medical. Nebraska has not legalized medical marijuana.

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. [...] (12) Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor. (13) Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony. (14) Except as provided in section 28-1701, any person knowingly or intentionally possessing marijuana weighing one ounce or less or any substance containing a quantifiable amount of the substances, chemicals, or compounds described, defined, or delineated in subdivision (c)(28) of Schedule I of section 28-405 shall: (a) For the first offense, be guilty of an infraction, receive a citation, be fined three hundred dollars, and be assigned to attend a course as prescribed in section 29-433 if the judge determines that attending such course is in the best interest of the individual defendant.

Source: NE Rev. Stat. §28-416 — Controlled SubstancesView official code

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

Full Breakdown

Nebraska Revised Statutes §28-416 prohibit the manufacture, distribution, and possession of marijuana. Home cultivation of any amount is a criminal offense. Nebraska has no medical marijuana program. In 2020, a medical marijuana ballot initiative was removed by the Nebraska Supreme Court on procedural grounds. Possession of small amounts (1 oz or less, first offense) was decriminalized in Omaha with a civil citation, but cultivation remains a criminal offense.

Violations & Fines

Cultivation of cannabis plants is a felony under Nebraska law. Manufacturing/cultivation carries penalties of 1-20 years imprisonment depending on the amount. Even a single plant may result in felony charges.

Frequently Asked Questions

Can I grow cannabis at home in Omaha?
No. Cannabis cultivation is illegal in Nebraska for any purpose. There is no medical or recreational marijuana program. Growing even one plant is a felony.
Did Omaha decriminalize marijuana?
Omaha decriminalized possession of one ounce or less (first offense) to a civil infraction, but cultivation and distribution remain criminal offenses under state law.

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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