No. Marijuana is not legal in Omaha, Nebraska for recreational use, and Omaha follows Nebraska state law without any local ordinance that softens it. A first offense for possessing an ounce or less is an infraction with a $300 fine, but penalties climb quickly from there. Voters approved a medical cannabis program in November 2024, but it is not yet operational, and even once it launches it will not legalize recreational use.
Possession Penalties by Amount
Nebraska’s penalties for marijuana possession depend on how much you have and whether you’ve been caught before. For an ounce or less, the first offense is treated as an infraction rather than a criminal charge, meaning no jail time but a $300 fine and the possibility that a judge orders a drug education course.
- First offense (one ounce or less): infraction, $300 fine, possible drug education course.
- Second offense: Class IV misdemeanor, $400 fine, up to five days in jail.
- Third or subsequent offense: Class IIIA misdemeanor, $500 fine, up to seven days in jail.
Carrying more raises the stakes sharply. More than one ounce but not more than one pound is a Class III misdemeanor punishable by up to three months in jail, a fine of up to $500, or both. More than one pound is a Class IV felony carrying up to two years in prison, twelve months of post-release supervision, a fine of up to $10,000, or both prison and a fine.1Nebraska Legislature. Nebraska Revised Statutes 28-416 – Prohibited Acts; Violations; Penalties
Concentrated cannabis products like hash and THC oil fall under the same tiered penalty structure for small amounts, because the statute treats possession of any quantifiable amount of those substances identically to an ounce or less of marijuana flower.1Nebraska Legislature. Nebraska Revised Statutes 28-416 – Prohibited Acts; Violations; Penalties Drug paraphernalia is a separate infraction, even if no marijuana is found on you at the time.2Nebraska Legislature. Nebraska Revised Statutes 28-441 – Drug Paraphernalia
Selling or Distributing Marijuana
Selling, manufacturing, or distributing marijuana is a Class IIA felony, punishable by up to 20 years in prison and a fine of up to $25,000.1Nebraska Legislature. Nebraska Revised Statutes 28-416 – Prohibited Acts; Violations; Penalties The same classification applies to hash and other concentrated cannabis products.
Penalties jump further when a sale takes place near a school or involves a minor. Distributing to a minor within 1,000 feet of a school is a Class II felony, carrying a mandatory minimum of one year and a maximum of 50 years in prison. A subsequent offense in those circumstances becomes a Class ID felony with a mandatory minimum of three years up to life.
Medical Marijuana Status
Nebraska voters approved Initiative 437 in November 2024, creating the Nebraska Medical Cannabis Patient Protection Act. The law authorizes qualifying patients to possess up to five ounces of cannabis for medical use, not counting the weight of other ingredients in topical or oral preparations.3Ballotpedia. Nebraska Initiative 437, Medical Marijuana Legalization Initiative (2024)4Nebraska Legislature. Nebraska Revised Statutes 71-24,104 – Medical Cannabis
The program is not yet operational. A legal challenge to the petition signatures reached the Nebraska Supreme Court in December 2025, and the court had not issued a ruling as of early 2026. No dispensaries are open and no patient registration system is available. The Medical Cannabis Commission was expected to begin discussing dispensary, processor, and transporter license applications in spring 2026.
Even once the program launches, patients will not be permitted to grow their own cannabis, and the law does not change the status of recreational marijuana, which remains fully illegal.
Delta-8, THCA, and CBD Products
Hemp-derived CBD products remain legal in Nebraska if they contain no more than 0.3% delta-9 THC on a dry-weight basis. This tracks the federal standard set by the 2018 Farm Bill, and Nebraska adopted its own Hemp Farming Act to align with it.5Food and Drug Administration. Hemp Production and the 2018 Farm Bill Any CBD product derived from marijuana rather than hemp remains illegal regardless of its THC content.
Intoxicating hemp products are a different story, and the ground is moving. Through early 2026, products like delta-8 THC and THCA flower have been sold in Nebraska because the state measured only delta-9 THC content under the Farm Bill standard. On January 27, 2026, Governor Jim Pillen signed an executive order directing state agencies to review regulations on synthetic THC in food, beverages, and other products intended for human consumption, and the state’s attorney general has argued that delta-8 products are already illegal under existing law.6Office of Governor Jim Pillen. Gov. Pillen Joins AG Hilgers; Signs Order Addressing Illegal Recreational Synthetic THC Industry
A federal change compounds the issue. A continuing resolution signed into law revises the definition of legal hemp starting November 12, 2026, measuring total THC after decarboxylation and including delta-8, delta-10, THCA, and all other THC isomers. Any product exceeding 0.3% total THC will be classified as marijuana under federal law.6Office of Governor Jim Pillen. Gov. Pillen Joins AG Hilgers; Signs Order Addressing Illegal Recreational Synthetic THC Industry That would make virtually all current THCA flower and most intoxicating hemp products federally illegal.
Collateral Consequences Beyond the Criminal Fine
A marijuana charge, or even lawful medical use once the program is running, can reach into other parts of your life.
Jobs. Nebraska employers can test for marijuana and act on a positive result. The Nebraska Drug and Alcohol Testing in the Workplace Act allows pre-employment screening and random testing, and nothing in state law prevents employers from refusing to hire, disciplining, or terminating workers for marijuana use, including off-duty use. The state’s medical cannabis statute does not include employment protections, so patients should assume a positive test can still cost them a job.
Firearms. Federal law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because marijuana remains a Schedule I controlled substance federally, any marijuana user in Nebraska is barred from owning guns, and the ATF’s Form 4473 asks about unlawful drug use directly. Answering falsely is a separate federal offense.
Federal status. Marijuana is classified as a Schedule I controlled substance under the federal Controlled Substances Act, and rulemaking to reschedule it to Schedule III had not been completed as of early 2026.8Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances Federal prosecutors generally focus on large-scale trafficking rather than personal possession, but federal employees and security clearance holders can face termination for use, and federal student aid can be affected by drug convictions.