Cannabis has a long, complicated history in Nebraska.
From the first hemp plant grown in the state in the late 1800s, to prohibition and partial decriminalization in the 1900s, and a decade-long fight for medical access in the 21st century—Nebraska laws surrounding cannabis have been the subject of numerous legal and legislative battles since the state’s founding.
That’s why we’re gathering answers to frequently asked questions about the status of marijuana laws in the state and updates on the latest legislation affecting access.
Is recreational marijuana legal in Nebraska?
No. Marijuana remains listed as a Schedule I controlled substance under the Nebraska Uniform Controlled Substances Act.
Schedule I is a classification for drugs with “no currently accepted medical use and a high potential for abuse,” as determined by the US Drug Enforcement Agency (DEA). This classification also includes substances such as heroin, LSD, ecstasy, etc.
On April 23, 2026, President Donald Trump’s acting attorney general signed an order reclassifying state-licensed medical marijuana to Schedule III—substances with a “moderate to low potential for physical and psychological dependence.” This includes drugs like Tylenol with codeine, ketamine, testosterone, etc.
While the reclassification order applied to “state-licensed” cannabis, individual states maintain the authority to determine their own state-level drug laws and controlled substance lists. Nebraska has yet to revise its classification of marijuana in light of the 2026 federal order. The federal action only applies to how cannabis is regulated and taxed under federal law.
As it stands, in Nebraska, possession of one ounce (28 grams) or less of cannabis is punishable by citation, a fine of up to $300 plus court costs, and the judge may order the person to complete a drug education course. A second offense could result in jail time. Possession of concentrated forms of cannabis, such as those in distillate vape pens, remains a felony.
Is medical marijuana legal in Nebraska?
Yes, with limitations.
In fall of 2024, two ballot measures (Initiatives 437 and 438) passed with overwhelming approval from Nebraska voters (71% and 67% respectively).
437 legalized the “use, possession, and acquisition” of up to five ounces of cannabis for medical purposes with a written recommendation from a doctor. 438 legalized the “possession, manufacture, distribution, delivery, and dispensing” of medical cannabis, and created a commission to regulate the industry in the state.
Since then, state lawmakers have worked to establish the framework for legal sale and distribution of cannabis. While legislation to outfit the Nebraska Medical Cannabis Commission has been called a “first step,” other measures to create legal protections for healthcare providers recommending medical cannabis have stalled.
To date, zero patients in Nebraska have received a medical cannabis recommendation for treatment from a doctor in the state, lawmakers said this year during debate.
Lawmakers and advocates believe medical access may not be fully achieved until spring of 2027.
How is medical marijuana regulated?
Medical cannabis is regulated by the Nebraska Medical Cannabis Commission, which is composed of all members of the state’s Liquor Control Commission, plus two additional members appointed by the governor and confirmed by the Legislature. The two appointed members serve six-year terms.
The current commissioners are:
- Lorelle Mueting – Interim Chair
- Judge J. Michael Coffey
- Robert “Bud” Synhorst
- Jim Elworth
The commission’s role is to set and enforce rules for businesses selling medical cannabis, as well as conduct inspections.
Where can medical cannabis be purchased in Nebraska?
Currently, there are zero active medical cannabis dispensaries operating in Nebraska. The commission has yet to issue any licenses for sale. Dispensaries and sellers are still wading through regulatory and legal delays.
At-home cultivation is considered illegal and not licensed.
In October 2025, the commission issued the state’s first licences for cultivation. These licences were offered to Nancy Laughlin-Wagner, on behalf of Midwest Cultivators Group in Omaha, and Patrick Thomas of Raymond.
Per emergency regulations signed by Gov. Jim Pillen in September 2025, a total of four cultivator licenses are allowed in the state at one time. Each license permits the grower to cultivate up to 1,250 flowering marijuana plants for medical purposes.
Nebraska medical cannabis timeline
- 1979 — Possession of cannabis partially decriminalized in Nebraska for first-time offenders, reduced to a civic infraction.
- 2016 — Legislation to legalize medical cannabis for qualified patients in Nebraska is blocked by a filibuster in the state Legislature. The bill was strongly opposed by then-Governor Pete Ricketts and Attorney General Doug Peterson.
- 2020 — After successfully gathering enough signatures to go before voters on the November 2020 ballot, the Nebraska Supreme Court struck down a ballot question seeking to legalize medical cannabis, arguing the measure violated the “single subject rule”—a state law which requires every legislative bill and voter ballot initiative contain only one primary subject.
- 2022 — In response to the 2020 Supreme Court ruling, local advocacy group Nebraskans for Medical Marijuana launched a new pair of medical cannabis access ballot initiatives. The two petitions failed to gather enough signatures to appear on the November 2022 ballot.
- 2024 — Initiatives 437 and 438 were approved by voters on the November ballot.
