Nebraska Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Nebraska. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
RESTRICTEDNebraska allows hemp-derived CBD products with less than 0.3% Delta-9 THC under the Nebraska Hemp Farming Act (Neb. Rev. Stat. § 2-5701 et seq.). However, the Nebraska Department of Agriculture restricts sale of ingestible hemp products, including CBD edibles, pending further regulation.
Possession
Possession of hemp-derived CBD products is legal if THC is below 0.3%.
Sale
Sale of non-ingestible hemp products is allowed; ingestible products like CBD edibles are currently restricted and require FDA approval or state authorization.
Penalties
Violation of sale restrictions may result in misdemeanor charges with fines up to $500.
Age Restriction
None
Delta-8 THC
ILLEGALNebraska prohibits Delta-8 THC under the Nebraska Uniform Controlled Substances Act, which includes synthetic cannabinoids as Schedule I substances. The state does not recognize Delta-8 as a legal hemp derivative if it is synthesized or converted from CBD.
Possession
Illegal to possess Delta-8 THC products.
Retail Sale
Illegal to sell or distribute Delta-8 THC products.
Penalties
Possession or sale can result in felony charges under Neb. Rev. Stat. §28-416.
Age Restriction
N/A
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Nebraska under the 2018 Farm Bill. In January 2026, the Governor signed an executive order to address the illegal recreational THC market.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in Nebraska and is not listed as a controlled substance under Nebraska Revised Statutes Chapter 28. There are no state laws restricting possession or sale.
Possession
Legal to possess without restriction.
Sale
Legal to sell and purchase without restriction.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
UNVERIFIEDLegal status of Psilocybin / Magic Mushrooms in Nebraska has not yet been verified. No significant legislative changes have occurred to decriminalize or legalize psilocybin in Nebraska.
Possession
Unverified
Distribution
Unverified
Penalties
Unverified
Age Restriction
Unverified
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in Nebraska. No significant legislative changes since 2023.
Personal Possession
Illegal. First offense possession of 1 oz or less is an infraction ($300 fine, no jail). Over 1 oz is a misdemeanor. Nebraska has no medical marijuana program.
Retail Purchase
Illegal. Distribution of any amount is a felony. Sale to a minor carries enhanced penalties.
Penalties
Under 1 oz (first offense): infraction, $300 fine. 1 oz to 1 lb: misdemeanor, up to 3 months. Over 1 lb: felony, up to 5 years.
Age Restriction
N/A
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Nebraska. Nebraska enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Nebraska. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Nebraska.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A