anyone familiar with the nebraska laws?

matt33

Member
hey all, needing some help understanding how many plants or the weight to keep it a slap on the wrist if ya know what i mean. thanks
 

fabfun

New Member
Nebraska Marijuana Penalties


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conditional decriminalized mandatory tax stamps

Incarceration

Fine
Possession 1 oz or less (first offense)* civil citation none $300 1 oz or less (second offense) misdemeanor 5 days $400 1 oz or less (subsequent offense) misdemeanor 7 days $500 1 oz to 1 lb misdemeanor 7 days $500 More than 1 lb felony 5 years $10,000 *Possible drug education course. Sale Any amount felony 1 year MMS** - 20 years $25,000 To a minor felony
3 years MMS** - 20 years​
$50,000 Within 1,000 feet of school or 100 to 1,000 feet of other specified areas felony
3 years MMS** - 50 years​
$50,000 **Mandatory minimum sentence. Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possession (first offense) civil citation none $100 Paraphernalia possession (second offense) civil citation none $200 - $300 Paraphernalia possession (subsequent offense) civil citation none $200 - $500 Paraphernalia sale misdemeanor 6 monts $1,000 Details
NE 28-416(13): Any person knowingly or intentionally possessing marijuana weighing one ounce or less shall:

(a) For the first offense, be guilty of an infraction, receive a citation, be fined three hundred dollars, and be assigned to attend a course as prescribed in section 29-433 if the judge determines that attending such course is in the best interest of the individual defendant;

(b) For the second offense, be guilty of a Class IV misdemeanor, receive a citation, and be fined four hundred dollars and may be imprisoned not to exceed five days; and

(c) For the third and all subsequent offenses, be guilty of a Class IIIA misdemeanor, receive a citation, be fined five hundred dollars, and be imprisoned not to exceed seven days.
For possession of greater than one ounce, the penalty is up to 7 days in jail and a fine up to $500. Possession of greater than one pound is punishable by up to five years in prison and a fine up to $10,000.
The penalty for distribution of marijuana is up to 20 years in prison and a fine up to $25,000. The penalty increases for sale to minors and sale within 1,000 feet of a school, college or playground, or within 100 feet of a youth center, public swimming pool or video arcade to the next higher classification of offense.
Possession of paraphernalia is punishable by a fine of $100 for the first offense. For the second offense, the fine increases to $200 - $300 and for subsequent offenses, the fine increases to $200 - $500. Sale of paraphernalia is punishable by up to six months in jail and a fine up to $1,000.
Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .
Also see Federal Laws
 
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