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Nebraska Statewide Rule

Nebraska Marijuana Cultivation Prohibition Statute

Heavy RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Statute
Neb. Rev. Stat. 28-416
Cultivation status
Class IIA felony
Plant limit
Zero plants allowed
Local override
Not permitted
Last verified: August 21, 2026Source: Nebraska Legislature

Summary

Nebraska prohibits all marijuana cultivation statewide for recreational and medical purposes. State Uniform Controlled Substances Act preempts any local attempt to authorize home grows, making cultivation a criminal offense across all municipalities.

(1) Subject to the requirements of the Nebraska Medical Cannabis Patient Protection Act, it shall not be an offense under state or local law for: (a) A qualified patient to use, possess, and acquire an allowable amount of cannabis and cannabis accessories for the alleviation of a medical condition, its symptoms, or side effects of the condition's treatment; or (b) A caregiver to assist a qualified patient with the activities set forth in subdivision (1)(a) of this section by possessing and acquiring an allowable amount of cannabis and cannabis accessories on behalf of the qualified patient and delivering an allowable amount of cannabis and cannabis accessories to the qualified patient.

Source: Nebraska LegislatureView official code

Full Breakdown

Under Neb. Rev. Stat. sections 28-401 through 28-456, marijuana remains a Schedule I controlled substance, and cultivation, manufacture, or possession with intent to deliver is a Class IIA felony. While Nebraska voters approved medical cannabis ballot measures in 2024, statutory implementation does not authorize home cultivation. Possession of less than one ounce is a civil infraction for first offenses, but growing any amount is a felony. Local governments cannot decriminalize, license, or zone for home cultivation since state criminal law preempts municipal action. Industrial hemp containing less than 0.3 percent THC is regulated separately under Neb. Rev. Stat. 2-501 and is not equivalent to marijuana cultivation.

Violations & Penalties

Cultivating or manufacturing marijuana is a Class IIA felony punishable by up to twenty years imprisonment under Neb. Rev. Stat. 28-416. Plants and equipment are subject to forfeiture.

Frequently Asked Questions

Can I legally grow marijuana at home in Nebraska?
No. All marijuana cultivation remains a felony under Nebraska law, and no statute authorizes home growing for recreational or medical purposes despite recent ballot measures.
Can a Nebraska city allow home cultivation locally?
No. State criminal law preempts local action. Cities and counties cannot legalize, license, or zone for cannabis cultivation that remains a felony under state statute.
What about industrial hemp grown at home?
Industrial hemp under 0.3 percent THC requires a separate Department of Agriculture license under Neb. Rev. Stat. 2-501 and is not authorized as a casual home garden activity.

Sources

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