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Nebraska Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Nebraska on
Q: First offense marijuana possession charge in Nebraska—believed to be Delta 8, incident in car.

I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 6, 2025

If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Chad Wythers
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Chad Wythers
answered on Mar 2, 2025

I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.

Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an...
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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 3, 2025

Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More

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1 Answer | Asked in Cannabis & Marijuana Law for Nebraska on
Q: Cop used a frisbee with a weed store logo on it as probable cause. I have a court date and got a misdemeanor

It was Nebraska heading out of Colorado the cop said he clocked me going 85 when I was going about 70

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

You should retain a criminal defense attorney that practices in the County that you were charged in. Depending on the overall facts of the case, a motion to suppress or similar motion may be appropriate.

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