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Cannabis in Nebraska is fully illegal, but first offense for possession of small amounts was reduced to a civil infraction in 1979.
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| Cannabis |
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Cannabis in Nebraska is fully illegal, but first offense for possession of small amounts was reduced to a civil infraction in 1979.
According to the USDA, the first crop of industrial hemp in Nebraska was grown in Fremont in 1887 by men from Champaign, Illinois. [1]
Amidst an early 20th century trend of limiting the drug, Nebraska first restricted cannabis in 1927. [2]
In 1969, Nebraska eased penalties for cannabis possession in the state, limiting the penalty for first-time possession to no more than 7 days in jail. [3] Marijuana was decriminalized to a civil infraction for first-time offenders in 1978 or 1979. [4]
Testimony given by Nebraska prosecutors and local law enforcement officials before the Nebraska Legislature Judiciary Committee in 2014 showed the different counties in Nebraska respond to marijuana in significantly differing ways. Some county attorneys and sheriffs take an approach emphasizing strict enforcement, while others take an approach that deemphasizes prosecution for minor offenses. [5]
In 2013 and 2014, after the neighboring state of Colorado legalized the use of marijuana, the marijuana arrest rate in Nebraska increased by 11 percent. The amount spent by Nebraska to enforce its marijuana laws also increased by 11 percent (to an estimated $10.2 million). Most of the increase in arrests and enforcement spent came in western Nebraska (the "Nebraska Panhandle") next to the Colorado border, and particularly along Interstate 80 which traverses the entire state. Experts expressed uncertainty whether the spike was caused by the change in Colorado law, by increased enforcement by Nebraska police, or some combination of factors. [6]
In December 2014, Nebraska and Oklahoma sought permission from the Supreme Court of the United States to file an original action against the State of Colorado, asking to Court to strike down Colorado's legalization of cannabis. [7] [8] Nebraska and Oklahoma argued that it had resulted in a spillover of cannabis activity into their states, and thus increasing enforcement expenses and social harm. [7] They argued that the Colorado legislation was "preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause." [8]
In March 2016, the Court denied Nebraska and Oklahoma's request to proceed with its suit. Justice Clarence Thomas, joined by Justice Samuel Alito, dissented, writing that they would have heard the claim against Colorado. [8] [9]
In 2015, LB643, the "Cannabis Compassion and Care Act," was proposed in the unicameral state legislature. The legislation would have allowed certain patients with prescriptions to use marijuana in liquid or pill form (but not smoked leaf form) for medical purposes. Patients would only be eligible if they suffered from certain serious illnesses, such as cancer, glaucoma, HIV/AIDS, and hepatitis C. Following an initial 27-12 vote in favor, the bill's sponsor, Senator Tommy Garrett of Bellevue requested the bill be held until 2016, due to conflicting priorities as the senators dealt with the fallout from the legislature's 2015 prohibition of capital punishment. [10] [11]
In 2016 the bill was blocked by a Senate filibuster, falling three votes short of the number failed to advance. The bill encountered the "stiff opposition" of Governor Pete Ricketts and Attorney General Doug Peterson. [12]
A medical cannabis ballot measure was invalidated by the Nebraska Supreme Court for containing more than one question. [13]
Nebraska is noted for the presence of feral hemp plants, low in psychoactive THC and generally known as "ditch weed" (or more rarely "Nebraska Nonsense"). [14] A 1987 study noted that 12.4 million cannabis plants were eradicated in Nebraska annually. [15] Hemp researcher David West recommended that farmers store feral hemp seed prior to legalization, in hopes of rebuilding a stock of landrace strain of indigenous cannabis. [16]
In the United States, the non-medical use of cannabis is legalized in 19 states and decriminalized in 12 states as of May 2022. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
The use, sale, and possession of cannabis over 0.3% THC in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis over 0.3% THC is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
Cannabis in Colorado has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
Colorado Amendment 64 was a successful popular initiative ballot measure to amend the Constitution of the State of Colorado, outlining a statewide drug policy for cannabis. The measure passed on November 6, 2012, and along with a similar measure in Washington state, marked "an electoral first not only for America but for the world."
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Vermont as of May 2004 is legal for medical use, and legal for recreational use as of July 1, 2018.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. However, several municipalities and counties in Wisconsin have decriminalized or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical cannabidiol program for serious medical conditions that allows for the legal possession of products containing 3% or less THC.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison, a fine of up to $2000, or both. However, several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement.
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.
Cannabis in Mexico became legal for private, recreational use in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.