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

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

Key Facts

Recreational
Not legal
Medical
Q437/Q438 (Nov 2024)
Home grow
Not authorized
Statute
NE §28-416

Summary

Nebraska does not authorize recreational marijuana, and the November 2024 medical cannabis initiatives do not permit home cultivation; growing any cannabis plant in Omaha remains a state criminal offense.

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. (2) Except as provided in subsections (4), (5), (7), (8), (9), (10), and (11) of this section, any person who violates subsection (1) of this section with respect to: (a) A controlled substance classified in Schedule I, II, or III of section 28-405 which is an exceptionally hazardous drug shall be guilty of a Class II felony; (b) any other controlled substance classified in Schedule I, II, or III of section 28-405 shall be guilty of a Class IIA felony; or (c) a controlled substance classified in Schedule IV or V of section 28-405 shall be guilty of a Class IIIA felony. [...] (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.

Source: Omaha Municipal CodeView official code

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

Full Breakdown

Nebraska remains one of the few states with no legal recreational cannabis market. Voters approved Initiatives 437 and 438 in November 2024 to create a regulated medical cannabis program, but the measures expressly route product through licensed dispensaries and do not authorize patient or caregiver home cultivation. Cultivating any quantity of cannabis in Omaha therefore violates Nebraska Revised Statute 28-416 (manufacture or distribution of a controlled substance), with penalties scaling sharply by plant count and prior record.

Violations & Fines

Growing cannabis can be charged as manufacture of a Schedule I substance under NE §28-416, exposing residents to felony prosecution, asset forfeiture, and potential federal charges.

Frequently Asked Questions

Can Omaha medical patients grow at home?
No, the 2024 medical cannabis initiatives create a dispensary-based program and do not include patient or caregiver home cultivation rights.
What about CBD or hemp plants?
Federally compliant industrial hemp under Nebraska's hemp program is regulated separately from marijuana, but unlicensed hemp cultivation also violates 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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