Nebraska Marijuana Cultivation Prohibition Statute

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.

Cultivation is a Class IIA felony punishable by up to 20 years imprisonment, or Class IIIA felony for under one pound. Plants and equipment are subject to forfeiture.