Nebraska Marijuana Laws & Considerations

With the complexities of marijuana laws in Nebraska, it’s critical for employers to have a clear and compliant drug-free workplace policy in place.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

No form of marijuana is legal. Both medical and recreational marijuana are illegal in Nebraska.
Possession of marijuana is illegal in Nebraska.
Although Nebraska has a mandatory drug testing law with several specifics, it is very open and has the intent of (Nebraska Revised Code 48-1901) “… helping in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee’s rights.”
Per Nebraska’s drug testing law, it is unlawful to assist or attempt to tamper with the collection process and is (Neb. Rev. Stat. 48-1908) “…unlawful to provide, acquire or use body fluids for the purpose of altering the results” of any drug test. These are a Class I misdemeanor
An employer can discipline, up to and including termination, based on drug test results, refusing to test, or assisting or attempting to cheat a drug test

Testing

See Significant above.

Hiring/Termination

An employer can discipline, up to and including termination, based on drug test results, refusing to test, or assisting or attempting to cheat a drug test.

Discipline

An employer can discipline, up to and including termination, based on drug test results, refusing to test, or assisting or attempting to cheat a drug test.

See Significant above.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

It is illegal for an individual to drive or be in physical control of a vehicle while under the influence of marijuana or any other drug.
Although Nebraska has a mandatory drug testing law with several specifics, it is very open and has the intent of (Nebraska Revised Code 48-1901) “… helping in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee’s rights.”
A denial of an unemployment claim can be based on misconduct, including being under the influence of marijuana.
If an employee is injured due to his or her intoxication, workers’ compensation benefits will be denied. A case decision found that proving the employee was intoxicated is the burden of the employer.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Nebraska Rev. Stat. 48-1901 to 1910 – Drug testing related
Nebraska Rev. Stat. 48-628 – Unemployment related
Nebraska Rev. Stat. 48-102 & 127 – Workers’ compensation related
Johnson v. Hahn Bros. Const. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972) – Case decision

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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