Growing Marijuana In Nebraska

Please note: ILGM is NOT a legal adviser. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such.

For the most part, the heartland of America has been a challenge for those wanting to legalize marijuana. Nebraska, however, has been a shining beacon of hope. The quiet state, known for its treeless prairies and cattle industry, is the only Great Plains state to decriminalize marijuana.

Nebraska is in the middle of America, but it is also in the middle of a variety of marijuana laws. On its southwest border is Colorado, the first state to legalize marijuana, while Kansas, South Dakota, and Wyoming – all with strict marijuana laws – fill its north, south and west border. Only Iowa, on its eastern border, has a somewhat similar marijuana program – medical CBD with rehab for personal users.

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    Decriminalized possession

    Decriminalized possession

    Nebraska does not have specific rules on growing marijuana; instead cultivation falls under sale and manufacture rules.  Possession of less than one ounce is an infraction with a $300 fine. If it happens a second time, the charge increases to five days in jail and a $500 fine.  If you get caught a third time you probably should reconsider your methods, but you’d still only face a week in jail as long as it is under an ounce.

    Growing marijuana

    For marijuana growing in Nebraska, it is likely you won’t get off quite so easily because it now counts under the same rules as sale or manufacture, which are highly strict. If caught with any amount of marijuana plants, you could end up with a felony 1-20 years in jail, and a $25,000 fine. The mandatory minimum sentence for sale or manufacture is one year in jail. If you somehow manage to do it again and get caught again, you will get a mandatory minimum sentence of 3 years – and as high as a life sentence. Nebraska seriously isn’t messing around when it comes to growing or selling marijuana.

    Nebraska growing tips

    Nebraska growing tips

    The amount of trouble you could get into for marijuana growing in Nebraska used to be directly based on the amount of marijuana you grow, but now it all falls under the same category. Nonetheless, it’s a good idea to grow only what you need. The less marijuana you grow, the less likely it is you would get the maximum jail sentence if caught.

    Another, likely obvious, tip is don’t get caught. For some people that is easier said than done.  If you want to learn how to grow the best weed-without getting caught- download and read the Marijuana Grow Bible.  It is a free eBook that gives all the information anyone needs for marijuana growing in Nebraska.

    Nebraska is no longer prioritizing the prosecution of small marijuana offenses, but they still have quite a few restrictive laws.  For example, possessing any paraphernalia is a $100 fine if it’s your first offense. If it’s your second offense or you are selling paraphernalia, you could get a misdemeanor, 6 months in jail, and a $1000 fine.

    There is also a frightening skull and crossbones tax stamp that is required if caught possessing 6 ounces or more. It costs $100 per ounce! Not paying doubles the fine and is an automatic felony.  If the price and graphic don’t scare you out of using marijuana, they added the letters RIP to the stamp.  Apparently people in Nebraska believe you can die from marijuana.

    Jenny Bloom

    Editor-in-Chief at I Love Growing Marijuana

    Jenny is ILGM's unstoppable force when it comes to quality control for all the content on the blog. In the meantime, she manages to write many of the articles herself as well. She's not a lawyer but is well-read on all the latest marijuana legislations, which she always keeps up to date!... [Read full bio]

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      3 comments on “Growing Marijuana In Nebraska”

      1. Hi.I live here in Nebraska most of my life.In a town of 5600.So I’m up to the click.It really depends on where or whom you are from.Then the amount.And then witch county you are coming from.Ive be constaplaitig on doing single dwarfs.Maybe the way to go till this merical
        happens.Thanks.Peace out.

      2. Um….Google that 18.190.307 . It’s for Fremont, CA!!! Not NE. Come on ppl at least try to be enlightened.

      3. So if it is illigal to grow marijuana for personal use why is it ok in Fremont, NE to do so? I have included the ordinace per Fremont Police Department web site:

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        Home > How Do I > Marijuana Registration

        Marijuana Registration

        Marijuana Regulations and Registration

        Cultivation for Personal Use Registration Requirements

        Per Fremont Municipal Code Section 18.190.307 (c)(4)(O) the Fremont Police Chief has established procedures for registering the cultivation of marijuana within City of Fremont limits. No person shall commence or continue to cultivate marijuana within the City of Fremont without first registering the site of the cultivation. Please read the City of Fremont guidelines below and register here.

        Registration Guidelines

        •Anyone, over the age of 21, wishing to cultivate marijuana within the City of Fremont for personal use is required to register the site (see specific guidelines below) with the Fremont Police Department.
        •The registrant shall reside at the residence wherein the cultivation occurs.
        •A total of no more than six plants are permitted per residence, regardless of the number of individuals residing in the residence.
        •The cultivation must take place in an approved location of the residence and shall not be outdoors.
        •The registrant must re-register annually.
        •Name, address, phone number and email is required.
        •Property owner authorization is required. If the qualified person is not the property owner, proof of notification to the property owner, property manager or management company must be submitted at time of registration.

        Resources and Additional Information for Cultivation in the City of Fremont

        What is permitted in the City of Fremont?

        – Cultivation of up to six marijuana plants per residence is permitted.

        – A resident is only allowed to cultivate within his/her personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by him or her.

        – Cultivation is permitted only for personal use.

        – Area. In any residence, the marijuana cultivation area shall not exceed thirty-two (32) square feet measured by the marijuana canopy, and the plants shall not exceed ten (10) linear feet in height. These limits apply regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.

        – All City of Fremont smoking laws apply to the use of marijuana.

        – Lighting. Lighting for marijuana cultivation shall not exceed a total of 1,200 watts or otherwise pose a fire or safety hazard.

        – Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building, standards codes, in addition to all applicable zoning codes, including lot coverage, set back, height and parking requirements.

        – Gas Products. The use of gas products, including but not limited to carbon dioxide and butane, for marijuana cultivation or processing is prohibited.

        – Evidence of Cultivation. From outside the building wherein cultivation occurs, there shall be no exterior evidence or marijuana cultivation occurring on the site.

        – Residence. The registrant shall reside at the residence wherein the marijuana cultivation occurs.

        – Cultivation Elsewhere in the City. The qualified person shall not participate in cultivation in any other location within the city.

        – Incidental Use. The residence shall maintain kitchen, bathrooms and primary bedrooms for their intended use, and marijuana cultivation shall be limited to an incidental use of the residence.

        – Property Owner Authorization. For rental property, the lessee shall notify the property owner or property manager or management company of the cultivation and no marijuana cultivation is permitted that would violate any lease term. Proof of notification is required at time of registration.

        What is not permitted in the City of Fremont?

        – No outdoor cultivation is allowed within the City of Fremont.

        – Marijuana dispensaries, including medical dispensaries, are prohibited in all zones and no use permit shall be issued in the City of Fremont.

        – All marijuana delivery, including but not limited to medical marijuana delivery is banned and subject to civil enforcement remedies available by law, at the discretion of the City.

        – All other marijuana businesses of any sort are expressly banned.
        View the City of Fremont Marijuana Activities Municipal Ordinance online.
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