| Part of a series on |
| Cannabis |
|---|
 |
Cannabis in Nebraska is legal for medical use. [1] First offense for possession of small amounts was reduced to a civil infraction in 1979.
| Part of a series on |
| Cannabis |
|---|
| |
Cannabis in Nebraska is legal for medical use. [1] 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. [2]
Amidst an early 20th century trend of limiting the drug, Nebraska first restricted cannabis in 1927. [3]
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. [4] Marijuana was decriminalized to a civil infraction for first-time offenders in 1978 or 1979. [5]
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. [6]
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. [7]
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. [8] [9] 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. [8] They argued that the Colorado legislation was "preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause." [9]
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. [9] [10]
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. [11] [12]
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. [13]
A medical cannabis ballot measure was invalidated by the Nebraska Supreme Court for containing more than one question. [14]
On November 5th, 2024, measures 437 and 438 were both approved by voters initially legalizing medical use, but the validity of both of these measures are being challenged by opponents and the measures could potentially be overturned pending a decision by lawmakers.
Former Republican state senator and State Board of Health member John Kuehn sued the campaign that put medical cannabis on the ballot over the validity of the signatures it had collected. Current Secretary of State Bob Evnen (R) and Attorney General Mike Hilgers (R) both filed court documents contesting the legitimacy of almost 49,000 signatures on the two petitions. They said that more than half involved “notary malfeasance.” Evnen requested that the court ascertain the exact number of legitimate signatures and void the results if there aren't enough. [15] The lawsuit was resolved on December 11, 2024, when Lancaster County District Court Judge Susan Strong ruled she would not issue an injunction, allowing the law to go into effect on December 12. [16]
The ballot measures legalized the sale and possession of up to 5 ounces of cannabis for medical use, and established a Nebraska Medical Cannabis Commission as the state regulatory agency. [17] These measures would not legalize the cultivation of cannabis.
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"). [18] A 1987 study noted that 12.4 million cannabis plants were eradicated in Nebraska annually. [19] 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. [20]
Amendment 44 was a proposed amendment to the state statutes submitted for referendum in the 2006 general elections in the U.S. state of Colorado. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as marijuana use does not occur in public. The measure was eventually defeated at the polls by 59-41 percent.
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. 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.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight 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 containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and 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 the use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis and authorize its use for medical purposes. An attempt to recriminalize the possession of small amounts of cannabis was turned down by Oregon voters in 1997.
Oregon Ballot Measure 80, also known as the Oregon Cannabis Tax Act, OCTA and Initiative-9, was an initiated state statute ballot measure on the November 6, 2012 general election ballot in Oregon. It would have allowed personal marijuana and hemp cultivation or use without a license and created a commission to regulate the sale of commercial marijuana. The act would also have set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel, fiber, protein, and oil.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
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 is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.
Cannabis in Tennessee is illegal for most use, with the exception of limited medical purposes. Possession of even small amounts is a criminal misdemeanor, but there are limited legal allowances for non-psychoactive CBD oil as medical cannabis, and the authorities have not been able to enforce the law.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
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 and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
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 Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023. The first licensed sales started on August 6, 2024. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
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, alongside Colorado. 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.
Medical marijuana is now legal in the state of Nebraska, approved by voters on Tuesday.