Nebraska.

_Information provided is current as of January 8, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.
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Nebraska - State Specific Information

Nebraska's cannabis landscape underwent a significant transformation in 2024 when voters approved Initiatives 437 and 438, legalizing medical cannabis in the Cornhusker State. For employers navigating this new terrain, understanding the state's unique regulations is essential for maintaining compliant workplace policies while respecting employee rights.

Cannabis Legalization Status in Nebraska

Nebraska legalized medical cannabis in 2024 through two ballot initiatives that worked in tandem to establish the state's medical marijuana program. However, the state maintains a conservative approach compared to many other states with medical cannabis programs.

Key Legalization Facts

• Medical Use: Legalized in 2024 via Initiatives 437 & 438
• Recreational Use: Not legal
• Regulatory Body: Nebraska Medical Cannabis Commission (NMCC)

The distinction between medical and recreational cannabis is critical for employers. While patients with valid recommendations can legally possess medical cannabis, recreational use remains prohibited throughout the state.

Patient Possession and Product Restrictions

Nebraska's medical cannabis program comes with specific limitations that both patients and employers should understand.

Possession Limits

Qualified patients may possess up to 5 ounces of medical cannabis when they have a signed recommendation from a licensed healthcare practitioner. Authorized prescribers include:

• Medical Doctors (MD)
• Doctors of Osteopathic Medicine (DO)
• Physician Assistants (PA)
• Nurse Practitioners (NP)

Approved Product Forms

Nebraska takes a restrictive approach to allowable cannabis products. Currently, patients are limited to:

• Pills
• Tinctures
• Capsules
• Topicals

Prohibited Products and Activities

The Nebraska Medical Cannabis Commission has implemented emergency rules that prohibit the sale of several common cannabis products:

• Raw flower
• Vaporizer products
• Edibles

It's worth noting that these restrictions are currently subject to ongoing litigation, which may result in changes to product availability in the future.

Home cultivation is strictly prohibited in Nebraska, meaning patients cannot grow their own cannabis plants regardless of their medical status.

Employer Rights and Drug Testing Policies

Nebraska remains a strict zero-tolerance state under LB 438, providing employers with significant latitude in establishing and enforcing drug-free workplace policies.

No Accommodation Required

Unlike some states that require employers to make accommodations for medical cannabis patients, Nebraska law explicitly states that employers are not required to accommodate medical cannabis use. This gives businesses considerable flexibility in maintaining their existing drug policies.

Permitted Testing Types

Employers in Nebraska retain the right to conduct:

• Pre-employment testing: Screen candidates before hiring
• Random testing: Conduct unannounced drug tests on current employees
• Reasonable suspicion testing: Test employees when there's observable evidence of impairment

Disciplinary Actions

Companies maintain the right to discipline or terminate employees who test positive for THC, regardless of whether the employee holds a valid medical cannabis recommendation. This zero-tolerance approach applies equally to all employees, including those with documented medical needs.

Documentation Best Practices

Establishing robust documentation is identified as a key risk mitigant for employers operating in Nebraska. Companies should:

• Maintain clear, written drug-free workplace policies
• Document all testing procedures and results
• Keep records of any disciplinary actions taken
• Ensure consistent policy enforcement across all employees

Safety-Sensitive Positions

Nebraska takes a broad interpretation of what constitutes a safety-sensitive position, giving employers additional protections when it comes to positions where impairment could pose serious risks.

Definition of Safety-Sensitive Roles

A position may be classified as safety-sensitive if impairment could result in:

• Serious injury to the employee or others
• Death
• Significant property damage

This broad definition allows employers to designate numerous positions as safety-sensitive, potentially justifying stricter drug testing protocols and zero-tolerance enforcement for those roles.

Privacy Laws and Confidentiality Requirements

While employers have significant rights regarding drug testing, Nebraska law imposes strict confidentiality requirements to protect employee privacy.

Confidentiality Obligations

Employers must ensure that all drug testing information and results are kept strictly confidential. This includes:

• Test results
• Testing procedures
• Any related medical information

Authorized Access

Drug test results may only be released to:

• The employer's authorized personnel (typically HR and direct supervisors with a legitimate need to know)
• The employee who was tested

Liability for Unauthorized Disclosure

Unauthorized disclosure of a positive test result can expose an employer to civil liability. This means companies must implement secure systems for storing and sharing drug test information, limiting access to only those with a legitimate business need.

Compliance Recommendations for Employers

Given the complexity of Nebraska's medical cannabis regulations, employers should take proactive steps to ensure compliance.

Policy Review

Review and update existing drug-free workplace policies to reflect current Nebraska law. Policies should clearly state:

• The company's position on cannabis use
• Testing protocols and procedures
• Consequences for positive test results
• Confidentiality protections

Legal Consultation

The Nebraska Medical Cannabis Commission and state guidance encourage companies to consult with legal counsel on these complex matters. Employment law attorneys can help ensure policies comply with state regulations while protecting business interests.

Training and Communication

Ensure supervisors and HR personnel understand:

• Current cannabis laws and their implications
• Proper procedures for reasonable suspicion testing
• Confidentiality requirements and potential liability
• Documentation best practices

Looking Ahead

As Nebraska's medical cannabis program matures, employers should stay informed about potential changes. The ongoing litigation regarding product restrictions could alter the landscape, and future legislative sessions may bring additional modifications to workplace regulations.

Regularly consulting official resources from the Nebraska Medical Cannabis Commission and maintaining relationships with legal counsel will help employers navigate this evolving area of law while maintaining compliant, fair workplace policies.