Join Our Waitlist For Nebraska Medical Marijuana Card

Nebraska voters approved medical cannabis in November 2024 through Initiatives 437 and 438, but the program is not operational. Patients with a healthcare practitioner’s recommendation can legally possess medical cannabis under Initiative 437, which took effect immediately. However, no licensed dispensaries exist to purchase from. The Nebraska Medical Cannabis Commission is implementing regulations but has not yet begun licensing businesses.

• Medical marijuana possession is legal in Nebraska for patients with a practitioner’s recommendation, but no legal purchasing options exist in-state.
• Patients must have a written recommendation from a licensed physician, osteopathic physician, physician assistant, or nurse practitioner.
• No specific list of qualifying conditions – healthcare practitioners certify patients based on their professional judgment that benefits outweigh harms.
• Emergency regulations approved in September 2025 ban smoking, vaping, raw flower, and all edibles.
• Current regulations only allow oils, tinctures, capsules, and topical products.
• Home cultivation is prohibited.
• First offense possession of 1 ounce or less (without recommendation) is an infraction with up to $300 fine.
• Nebraska does not issue medical marijuana cards.
• The commission was required to begin licensing by October 1, 2025 but missed this deadline.
• Recreational cannabis remains illegal in Nebraska.
• Multiple lawsuits are challenging the voter-approved measures.

1978 – Limited Decriminalization

• Legislature decriminalizes first-time possession of 1 ounce or less, making it a fine-only offense.

2020 – Ballot Initiative Blocked

• Medical marijuana initiative fails to make the ballot despite gathering required signatures.

2024 – Medical Marijuana Approved by Voters

• Voters approve Initiative 437 with 71% support and Initiative 438 with 67% support in November election.

2025 – Emergency Regulations Approved

• Governor signs emergency regulations in July banning smoking, vaping, raw flower, and edibles; limiting cultivators to four.

2025 – Licensing Deadline Missed

• Nebraska Medical Cannabis Commission misses October 1 statutory deadline to begin granting licenses.

2025 – Ongoing Legal Challenges

• Multiple lawsuits challenging the ballot measures remain pending; Attorney General opposes implementation.

Under Initiative 437, qualified patients can legally possess medical marijuana but cannot legally purchase it in Nebraska as no dispensaries are licensed.

• Patients with valid healthcare practitioner’s recommendation may possess up to 5 ounces of medical cannabis.
• Caregivers may possess up to 5 ounces on behalf of qualified patients.
• Written recommendations are valid for two years or a period specified by the healthcare practitioner.
• Patients must be 18 or older; minors require parent or legal guardian as caregiver.
• Caregivers for adult patients must be at least 21 years old.
• Emergency regulations restrict products to oils, tinctures, capsules, and topicals only – smoking, vaping, raw flower, and edibles are banned.
• Home cultivation is strictly prohibited.
• No licensed dispensaries currently operate in Nebraska – patients cannot legally purchase medical cannabis in-state.
• Recreational cannabis possession and use remain illegal under Nebraska law.
• First offense possession of 1 ounce or less without recommendation is an infraction punishable by up to $300 fine.