Verify · Nebraska

Nebraska medical cannabis rules: what to know and how to check

Nebraska law lets a qualified patient have up to 5 ounces of cannabis with a written recommendation from a health care practitioner. But as of October 6, 2026, there was no legal place to buy it in Nebraska. The state had not licensed any dispensaries, and dispensary applications had not opened.

Anyone selling “medical cannabis” in Nebraska today is not licensed by the state to sell to patients.

Checked against the Nebraska Medical Cannabis Commission (MCC) and Nebraska law on . Next review: .

CHSA does not test, certify or endorse products or retailers.

Official source

Nebraska’s cannabis regulator: Nebraska Medical Cannabis Commission (MCC)

These links go to the regulator’s own website. CHSA does not copy or host license records, so you always see the official, current version.

What’s different in Nebraska

Nebraska has a medical cannabis law, but no legal place to buy cannabis yet. In November 2024, voters passed two ballot measures. Initiative 437 got 71% of the vote. It lets a qualified patient use, have and get up to 5 ounces of cannabis with a written recommendation from a health care practitioner. Initiative 438 created the Nebraska Medical Cannabis Commission to license and oversee cannabis businesses.

As of October 6, 2026, the commission had not licensed any dispensaries. Its licensing page said dispensary applications had not opened and were waiting on action by the Legislature. The commission has licensed four cultivators, but its rules do not let cultivators sell to patients. The commission expects updated rules to take effect in early 2027.

The laws were challenged in court. In September 2026, the Nebraska Supreme Court ruled against a challenge to the petition signatures and dismissed a separate challenge for lack of standing. The second ruling could allow a similar case later.

The commission's rules set strict limits for when dispensaries open. They allow pills, capsules, tinctures, topicals, suppositories, patches, nasal sprays, and liquids for a nebulizer or inhaler. They do not allow flower, smoking or vaping, or food and drinks made with cannabis.

Hemp is not part of the medical program. Nebraska's medical cannabis law says cannabis does not include hemp.

Nebraska medical cannabis rules at a glance

The first rows come from the patient law. The rest come from the commission’s rules for dispensaries, which apply once dispensaries open. Numbers in brackets link to the law.

Nebraska rules, with sources
Topic The rule Source
Minimum age Patients 18 and older need a written recommendation from a physician, osteopathic physician, physician assistant or nurse practitioner. Patients under 18 also need written permission from a parent or legal guardian. A caregiver chosen by an adult patient must be 21 or older. A recommendation lasts two years, or less if the practitioner says so. Source [1] Neb. Rev. Stat. § 71-24,104(4)-(7)
How much you can have A qualified patient, or a caregiver for the patient, may have up to 5 ounces of cannabis. When dispensaries open, a dispensary may sell no more than a 30-day supply at a time, and no more than 5 grams of total THC for one patient in 90 days. Source [2] Neb. Rev. Stat. §§ 71-24,104(1), 71-24,105(1); 238 NAC 1 § 13.07
Growing at home The patient law protects using, having and getting cannabis. It does not mention growing it. CHSA did not find any state guidance that says patients may grow cannabis at home. Get legal advice before you grow. Source [2] Neb. Rev. Stat. § 71-24,105(1) (Patient Protection Act is §§ 71-24,103 to 71-24,105)
Delivery No licensed delivery. The commission's rules say dispensaries may sell only at their licensed store and may not deliver. A caregiver may get cannabis for a patient and bring it to them. Source [3] 238 NAC 1 § 13.04; Neb. Rev. Stat. § 71-24,105(1)(b)
Required lab tests No licensed products are on sale yet. The rules say an independent lab must test cannabis and products before they reach a dispensary. Tests cover potency, foreign matter, microbes, pesticides and heavy metals, plus mycotoxins (mold toxins). Concentrates and products are also tested for leftover solvents. Source [3] 238 NAC 1 §§ 16.01-16.03, Table 1
Labels Labels must name the licensed manufacturer and show the date made and the expiration date. They must carry warnings, including "keep out of reach of children and animals" and that effects may be delayed. The dispensary adds a label with the patient's, practitioner's and dispensary's names. Patients must also get the ingredients, batch number and THC per dose. Source [3] 238 NAC 1 §§ 013.04(A), 18.02, 18.03
Packaging Packages must be child-resistant under the federal Poison Prevention Packaging Act, tamper-evident and resealable. They may not show cartoon characters, celebrities or symbols aimed at children. Dispensaries put each product in an opaque bag. Source [3] 238 NAC 1 §§ 18.04, 18.06, 13.11
Edible THC limits Not allowed. Food or drinks made with cannabis may not be sold. No product may have more than 40 mg of THC per dose or more than 60% total THC, contain flavoring or coloring, or be shaped like a person, animal or cannabis leaf. Source [3] 238 NAC 1 § 013.09(B)
Poison control Nebraska Regional Poison Center: 1-800-222-1222 . Free, confidential, 24/7. Call 911 if someone has trouble breathing or won’t wake up. www.nebraskapoison.com

Nebraska recalls

We did not find a public recall list on the commission’s website. Its rules say a batch that fails lab testing three times must be recalled, and dispensaries may recall products on their own. 3 No licensed products are on sale in Nebraska yet, and CHSA does not monitor Nebraska recalls. If you think a product made you sick, call Poison Help.

How Nebraska compares

Compare Nebraska with the other states CHSA covers.

Sources

  1. Neb. Rev. Stat. § 71-24,104 (Nebraska Medical Cannabis Patient Protection Act: terms, defined) Nebraska Legislature · Retrieved
  2. Neb. Rev. Stat. § 71-24,105 (Cannabis use, possession and acquisition by qualified patients and caregivers) Nebraska Legislature · Retrieved
  3. Title 238 NAC Chapter 1, Registered Cannabis Establishments (current permanent regulations) Nebraska Medical Cannabis Commission · Retrieved
  4. Nebraska Medical Cannabis Commission (home page) Nebraska Medical Cannabis Commission · Retrieved
  5. About us Nebraska Medical Cannabis Commission · Retrieved
  6. Licensing (how to apply) Nebraska Medical Cannabis Commission · Retrieved
  7. Rules and regulations Nebraska Medical Cannabis Commission · Retrieved
  8. Neb. Rev. Stat. § 71-24,111 (Nebraska Medical Cannabis Commission: powers and duties) Nebraska Legislature · Retrieved
  9. Contact us Nebraska Medical Cannabis Commission · Retrieved
  10. Nebraska Supreme Court upholds validity of state medical cannabis laws Nebraska Examiner (via News From The States) · Published · Retrieved
  11. Nebraska Supreme Court tosses medical cannabis federal preemption case, for now Nebraska Examiner (via WOWT) · Published · Retrieved
  12. Nebraska Regional Poison Center Nebraska Regional Poison Center · Retrieved

CHSA does not test, certify or endorse products or retailers.