As of November of 2024, Nebraska has passed Initiative Measure 437 & 438, effectively creating the process for regulating a medical marijuana industry in the state. This was passed overwhelmingly by voters during the 2024 ballot initiative at 70% for 437, and 66% for 438 respectively.

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​​Initiative Measure 437

Initiative 437 establishes a new statute that will allow the use, possession, and acquisition of marijuana for medical purposes with a recommendation from a qualified health care practitioner.

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Initiative Measure 438

Initiative 438 is also a new statute that makes former penalties inapplicable for licensed private entities to manufacture, distribute, and dispensing authorized cannabis products. This also establishes the Nebraska Medical Cannabis Commission for regulation and licensing purposes.​

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Nebraska Medical Cannabis Commission

Established in Initiative 438, this is the proposed regulatory agency for Nebraska's cannabis industry. Once formed, and with its members appointed will be entrusted to regulate and licensing qualifying prospective marijuana applicants for the state. The initiative states that the processes and registration will be setup no later than July 1, 2025 and start granting licensing starting on October 1, 2025. 

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Opening a Marijuana Business in Nebraska

Currently as of the time of this writing there is no formal framework established for opening a marijuana business. We can imply however, based on the ballot proposed, that the regulations and what is expected of a marijuana establishment will be available before July, 2025. 

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It is not to early to get started though, are team of experts are dedicated to helping entrepreneurs get started! Please fill out our inquiry form or give us a call!

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Post Initiative 437 & 438 penalties for marijuana

Only once the regulatory process is setup will marijuana be legal in Nebraska for qualifying patients and licensed private entities. Possession for recreational use is still illegal in Nebraska. Possession of one ounce or less is an infraction, which is punishable by a maximum fine of $300, and the judge may order the offender to complete a drug education course. A second conviction for possession of one ounce or less is a misdemeanor punishable by a maximum fine of $500, and the third and subsequent convictions for possession of one ounce or less are a misdemeanor and are punishable by a maximum sentence of seven days imprisonment and a maximum fine of $500.​​​

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Projected Qualifying Conditions

Qualifying Conditions for Medical Marijuana Treatment

• Cancer

• Epilepsy or other seizures

• Parkinson’s disease

• Huntington’s disease

• Muscular dystrophy

• Multiple sclerosis

• Cachexia (weakness and wasting due to chronic illness)

• Post-traumatic stress disorder

• HIV

• AIDS

• Chronic or debilitating pain

• Amyotrophic lateral sclerosis, or ALS

• Glaucoma

• Agitation from dementia

• Crohn’s disease 

• Ulcerative colitis

• Sickle-cell anemia

• Spinal cord disease or severe injury

• Intractable nausea

• Severe muscle spasticity