Nebraska Marijuana Dispensary Prohibition Framework

Under Neb. Rev. Stat. sections 28-401 through 28-456, distribution and sale of marijuana remain felonies regardless of any municipal authorization attempt. Although voters approved medical cannabis initiatives in November 2024 directing the Legislature to establish a regulatory commission, no licensed dispensaries currently operate in Nebraska, and statutory rulemaking is pending or under court challenge. Until enabling legislation is enacted, cities cannot zone, license, or authorize cannabis dispensaries. Local zoning ordinances purporting to permit retail cannabis are preempted and unenforceable. CBD and hemp products with under 0.3 percent THC fall under separate state and federal hemp regulation and may be sold under conventional retail rules.

Operating a dispensary is a Class II felony punishable by up to 50 years imprisonment. Premises and proceeds are subject to civil forfeiture under state drug laws.