Miltenberger Law Offices

Many of the states across America have adopted laws legalizing the possession of Marijuana either for medicinal purposes or altogether, although often in limited quantities. However, Nebraska is NOT one of those states. So, what happens when you are found by law enforcement to be in possession of marijuana? There are many important factors to be aware of and some significant differences in the potential penalties based upon the type and quantity of marijuana you are found in possession of. 

If you are found in possession of leaf marijuana in amount less than one ounce you will be charge with an infraction. This means that you have a small quantity, usually considered to be a “user amount” of marijuana. You will be subject to a maximum fine of $300. However, if you are found to have more than an ounce of marijuana but less than one pound, you will likely be charged with a Class III Misdemeanor which carries a potential penalty of up to 3 months in jail and a $500 fine or both. 

What if you have more than a pound of leaf marijuana in your possession? Things can change quickly here. If it is more than one pound, say a pound and a half, and you have no other items with you indicating you are trying to sell drugs, then you could be charged with a Class IV Felony which could land you in jail for as much as 2 years and carry a $10,000 fine. If you have over a pound of marijuana and have other items indicating that you are trying to sell drugs, such as scales, baggies, drug ledgers, or are caught in the act of selling marijuana, you could be looking at a charge of Possession with Intent to Distribute Marijuana a Class IIA Felony carrying up to 20 years in prison! Not only that, but law enforcement will also likely charge you with failing to have proof that you paid taxes for your drugs, Failure to Affix a Tax Stamp, another Class IV Felony and could require you to pay a lofty amount of restitution to resolve your case. The higher the amount of marijuana, the harsher the penalties, and the steeper hill you will have to climb to resolve your case. Enough Marijuana could even result in Federal charges. 

Perhaps one of the most important things to be aware of, is that possessing leaf marijuana is one thing, possessing liquid THC, THC wax, or any other THC substance not containing leaf marijuana is a whole different ballgame.  If you have THC not containing leaf marijuana, you could be facing a Felony Possession of a Controlled Substance no matter what quantity you have in your possession. Think you are safe with your marijuana vape pen? Think again! Possessing even a small quantity constitutes enough to charge you with a felony!