Medical marijuana product and leaf.

Marijuana remains illegal in Nebraska for both medical and recreational use, making its sale, cultivation, and possession largely prohibited. While the state has strict marijuana laws, it has decriminalized small amounts of cannabis. First-time offenders caught with less than one ounce face a civil fine of up to $300 rather than criminal charges. Repeated offenses result in harsher penalties, including potential jail time. Nebraska continues to classify marijuana as a Schedule I controlled substance, opposing its legalization.

However, this might change in the near future as legalization measures may appear on the November election ballot.

Upcoming Medical Marijuana Legalization Measures: Here’s What We Know

A group advocating for the legalization of medical marijuana in Nebraska has collected enough signatures to place the issue on the November ballot, according to the state’s election officials. Nebraskans for Medical Marijuana submitted over 114,000 signatures for two petitions: one to legalize medical marijuana use and another to regulate the industry within the state. This exceeded the required 86,000 signatures per petition, and both petitions have met the 5% threshold in 51 counties.

Nebraska Secretary of State Bob Evnen confirmed the verification of over 89,000 signatures for each petition. Although officials are still verifying signatures, once the count reaches 110% of the required amount, the petitions will be certified for the ballot without further verification. This marks the third attempt by the group to bring the issue to voters after a 2020 attempt was blocked by a state Supreme Court ruling and a 2022 effort failed to collect enough signatures.

While supporters of the measure celebrate the progress, opponents, including Lancaster County Sheriff Terry Wagner, remain against legalizing medical marijuana. Wagner argues that it could lead to recreational use and insists marijuana should be approved by the FDA to be considered medicine. Nebraska joins a growing number of states where marijuana legalization efforts are gaining momentum.

Needless to say, if these changes take effect, there will be significant implications for both the medical and legal landscape in Nebraska. For instance, the introduction of medical marijuana could open up new treatment options for patients while also creating regulatory challenges for state authorities. Additionally, concerns about the potential for recreational use and public health impact will likely fuel ongoing debates. Let’s take a look at some of these implications. 

Medical Marijuana Laws and Vehicle Accidents in the U.S.

One important area of concern regarding marijuana legalization is its potential impact on vehicle accidents and traffic safety. While research on the relationship between medical marijuana and traffic fatalities has shown mixed results, a 2023 study using data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) reveals notable insights into the effects of recreational marijuana on traffic fatalities. The study, which examined data from 2007 to 2020, found that states that legalized recreational marijuana experienced an increase in traffic fatalities. Specifically, the study reported an increase of 2.2 traffic fatalities per billion vehicle miles traveled (BVMT) following the retail legalization of recreational marijuana, which may account for as many as 1,400 additional traffic deaths annually.

Interestingly, the study highlighted that states which legalized marijuana earlier saw a larger increase in fatalities than those that legalized it more recently. This trend suggests that the initial surge in marijuana accessibility could lead to heightened risks on the road. Moreover, while recreational marijuana legalization has been associated with increased use among the general public, the study found that recreational users are less likely to drive under the influence compared to medical users. However, the broader availability and retail presence of marijuana likely contribute to the rise in traffic-related deaths.

These findings indicate a complex relationship between marijuana legalization and road safety. While marijuana legalization may lead to behavioral changes in driving, such as reduced speeds, it also presents risks, particularly with impaired cognitive functions and motor skills. The study underscores the importance of considering traffic safety in discussions about marijuana policy, as states legalizing recreational marijuana may need to address the potential increase in traffic fatalities.

Workplace Fatalities and the Role of Medical Marijuana Laws in the U.S.

Another key area of concern surrounding the legalization of medical marijuana is its potential impact on workplace safety. Some argue that medical marijuana could increase the risk of workplace accidents due to its short-term effects on psychomotor functions, such as impaired memory, hand-eye coordination, and reaction time. However, a 2018 study, offers a different perspective. The research examined data across 50 states from 1992 to 2015 and found that states with legalized medical marijuana experienced a significant reduction in workplace fatalities among workers aged 25 to 44. Specifically, the study noted a 19.5% decrease in workplace deaths for this age group, with the reduction growing to 33.7% five years after legalization.

The research suggests that the decline in workplace fatalities may be tied to workers substituting marijuana for more dangerous substances like alcohol or opioids, which are known to impair cognitive and motor functions to a greater extent. Although the effects were less significant among younger workers, the overall findings indicate that legalizing medical marijuana might contribute to safer workplaces, contrary to common concerns. 

As Nebraska considers medical marijuana legalization, these findings offer important insights into the potential implications for workplace safety.

Prioritizing Safety: Our Commitment at Hauptman, O’Brien, Wolf & Lathrop

At Hauptman, O’Brien, Wolf & Lathrop, safety is at the heart of everything we do. We understand the profound impact that accidents and injuries can have on individuals and their families. Whether it’s a workplace incident, a traffic accident, or an injury caused by negligence, our team is committed to advocating for your rights and ensuring that your safety is protected. We believe in holding responsible parties accountable and helping to prevent future accidents by promoting a culture of safety in our communities.

Our firm has extensive experience handling cases involving personal injury, from car accidents to workplace injuries. With the growing changes in laws surrounding marijuana legalization, including its potential implications for traffic and workplace safety, we are dedicated to staying informed and keeping you informed on the latest developments. This ensures that we can provide the most up-to-date legal counsel and support to those affected by accidents, whether marijuana-related or not.

At Hauptman, O’Brien, Wolf & Lathrop, we don’t just represent clients—we care about their well-being and fight for safer conditions in all areas of life. By working together, we can help create a safer environment for everyone. Your safety is our priority, and we are here to help protect it every step of the way.


by Hauptman, O’Brien, Wolf & Lathrop
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