Recreational marijuana remains illegal under Nebraska law. Public consumption, possession over an ounce, and distribution are state crimes. Voter-approved Initiatives 437 and 438 (Nov 2024) created a medical program but did not legalize recreational use.
Nebraska has not legalized recreational cannabis. Nebraska §28-416 governs possession and distribution as Schedule I controlled substances. In November 2024, voters passed Initiatives 437 and 438 establishing a regulated medical cannabis program through a state commission, but smoking or vaping cannabis in public, parks, vehicles, and most workplaces remains prohibited. Omaha enforces state law through OPD; possession of one ounce or less is a civil infraction, while public smoking adds disorderly conduct exposure.
Public marijuana use brings citations under state controlled substance law plus city Chapter 25 charges; repeat or larger-quantity offenses may escalate to misdemeanor or felony charges.
Omaha, NE
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Omaha, NE
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See how Omaha's public marijuana use rules stack up against other locations.
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