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Lincoln, NE Cannabis Regulations: Personal Cultivation Limits (2026)

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

Key Facts

Home grow
Not authorized
Statute
Neb. Rev. Stat. 28-416
Patient possession
Up to 5 oz
Source
Future licensed dispensaries

Summary

Nebraska's voter-approved medical cannabis initiatives do not authorize home cultivation. Growing any cannabis in Lincoln remains illegal under Neb. Rev. Stat. 28-416, regardless of patient status.

Nebraska Revised Statute 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; (b) For the second offense, be guilty of a Class IV misdemeanor, receive a citation, and be fined four hundred dollars and may be imprisoned not to exceed five days; and (c) For the third and all subsequent offenses, be guilty of a Class IIIA misdemeanor, receive a citation, be fined five hundred dollars, and be imprisoned not to exceed seven days.

Source: Nebraska Revised StatutesView official code

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

Full Breakdown

Initiative 437 allows qualified patients to possess up to five ounces of cannabis with a written recommendation but does not authorize cultivation. Recreational cultivation remains a Class IV felony for any quantity above one pound and a Class I misdemeanor for smaller amounts under Neb. Rev. Stat. 28-416. Lincoln has no separate home-grow ordinance; state law governs entirely. Patients are expected to obtain product from licensed dispensaries once state licensing begins. Indoor home cultivation can also create code compliance, fire, and electrical issues that trigger Lincoln Building and Safety inspections under LMC Title 25.

Violations & Fines

Cultivating cannabis at home is a misdemeanor or felony under state law. Lincoln Police and the Lancaster County Attorney prosecute, with potential property forfeiture for larger grows.

Frequently Asked Questions

Can patients grow their own?
No. Initiative 437 covers possession and use, not cultivation. Home growing remains a state crime in Nebraska even with a qualifying medical condition. This is stricter than most legal-state regimes.
What about CBD or hemp?
Hemp with less than 0.3 percent THC is legal under federal and Nebraska law. Cultivating hemp commercially requires a Nebraska Department of Agriculture license; backyard hemp cultivation is generally not permitted without that license.

Sources & Official References

Other rules in Lincoln

All Lincoln rules

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

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