In Nebraska, recreational cannabis is decriminalized, medical cannabis is legal, and delta-8 THC's legal status is unclear.
Last verified October 24, 2026 · Last major change September 2026
Decriminalized. Not legal; under a 1978 law, first-offense possession of 1 oz or less is an infraction punishable by a fine only.
Legal. Voters approved medical cannabis in Nov. 2024 (up to 5 oz with a practitioner's recommendation). The state Supreme Court rejected a signature challenge on Sept. 4, 2026, and a second suit on Sept. 11. No dispensaries are licensed yet.
No dispensaries are licensed yet. Rules limit future sales to pills, capsules, tinctures, oils, topicals, suppositories, patches, nasal sprays and nebulizer or inhaler liquids; flower, smoking, vaping and food or drink edibles are banned. Limits: No product may exceed 60% total THC or 40 mg THC per dose. A dispensary may not sell more than 5 oz, more than a 30-day supply under the practitioner's written order, or more than 5 g of total THC to a patient in 90 days.
LB316, which would have barred hemp products other than CBD, was indefinitely postponed April 17, 2026. The attorney general has sent cease-and-desist letters to every known store selling THC products.
Unclear. The attorney general considers synthetic THC products, including delta-8, illegal Schedule I drugs; the office had filed 16 consumer-protection lawsuits against sellers by Sept. 2025.
First-offense possession of 1 oz or less (concentrates excluded) is an infraction with a $300 fine and no jail; a judge may also order a drug-education course.
In danger. The attorney general has told every known THC retailer to stop sales and has sued sellers; federal hemp changes take effect Nov. 12 and Dec. 11, 2026. Medical cannabis rules face a commission vote Nov. 16, 2026.
In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.