Lincoln, NE Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing law
- Lincoln Municipal Code § 9.48.090
- First offense
- $300 fine, infraction, drug course
- Second offense
- $400 fine, up to 5 days jail
- Third+ offense
- $500 fine, up to 7 days jail
- Enforcing agency
- Lincoln Police Department
Summary
Lincoln makes possessing marijuana, including smoking it in public, a punishable offense under Municipal Code § 9.48.090, with fines up to $500 and jail time for repeat offenders.
It shall be unlawful for any person to knowingly or intentionally possess marijuana weighing one ounce or less.
b. Penalty.
1. For the first offense, be guilty of an infraction, receive a citation, and upon conviction thereof, shall be punished by a $300.00 fine, and be assigned to attend a course as prescribed in Neb. Rev. Stat. § 29-433 if the judge determines that attending such course is in the best interest of the individual defendant;
2. For the second offense, be guilty of a misdemeanor, receive a citation, and upon conviction thereof, shall be punished by a $400.00 fine and may be imprisoned not to exceed five days; and
3. For the third and all subsequent offenses, be guilty of a misdemeanor, receive a citation, and upon conviction thereof, shall be punished by a $500.00 fine, and be imprisoned not to exceed seven days.
4. Any person convicted of violating this section, if placed on probation, shall, as a condition of probation, satisfactorily attend and complete appropriate treatment and counseling on drug abuse provided by a program authorized under the Nebraska Behavioral Health Services Act or other licensed drug treatment facility.
5. In addition to the penalties provided in this section, if the person convicted or adjudicated of violating this section is eighteen years of age or younger:
Full Breakdown
Because Nebraska has not legalized marijuana, Lincoln Police cite anyone caught with it in a park, on a sidewalk, or anywhere else in the city under Municipal Code § 9.48.090, which bans possessing one ounce or less: a threshold that covers anyone actually smoking or consuming it in public. A first offense is only an infraction: a $300 fine plus a mandatory drug course under Neb. Rev. Stat. § 29-433. A second offense becomes a misdemeanor carrying a $400 fine and up to five days in jail. A third or later offense brings a $500 fine and up to seven days in jail. Offenders 18 or younger also face driver's-license impoundment and required drug education.
Violations & Fines
First offense: infraction, $300 fine, mandatory drug course. Second: misdemeanor, $400 fine, up to 5 days jail. Third and later: $500 fine, up to 7 days jail.
Frequently Asked Questions
Is smoking marijuana in public legal in Lincoln?
What happens to a minor caught with marijuana in Lincoln?
Sources & Official References
Other rules in Lincoln
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