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 Nebraska Marijuana Law
Conditional Decriminalized Mandatory Tax Stamps * Details 
  Incarceration Fine 
Possession
1 oz or less (first offense)* civil citation none $100
1 oz or less (second offense) misdemeanor 5 days $200
1 oz or less (subsequent offense) misdemeanor 7 days $300
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 months $1,000

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Details

Possession of one ounce or less of marijuana is an infraction, and the offender receives a citation and is subject to a $100 fine and possible referral to a drug education course for the first offense. For a second offense, the penalty increases to a possible 5 days in jail and a fine of $200. For subsequent offenses, the fine increases to $300 and a possible 7 days jail time. 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.

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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.

State tax stamps

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