NebraskaLB72109th Legislature 1st and 2nd SessionslegislatureWALLET

Change provisions relating to controlled substances schedules under the Uniform Controlled Substances Act

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 0 benefits, 4 costs, 3 mixed.

Stronger drug‑crime penalties and youth zones

It is illegal to make, sell, or distribute controlled or counterfeit drugs without authorization. Crimes with “exceptionally hazardous” Schedule I–III drugs are Class II felonies; other Schedule I–III crimes are Class IIA; and Schedule IV–V crimes are Class IIIA. Possessing a controlled drug without a valid medical order is a Class IV felony. Penalties go up one class (up to Class IB) if the offender is 18+ and the crime targets a minor or happens within 1,000 feet of a school or playground or within 100 feet of a youth center, pool, or arcade. Using or recruiting minors increases penalties, and not knowing the minor’s age is no defense. Having a firearm during the drug crime bumps the penalty up one class (not above Class IB). Possessing money meant to fund drug crimes is a Class IV felony. After conviction, courts can forfeit cash, guns, vehicles, phones, and related equipment if clear and convincing evidence shows they were tied to the crime.

Weight‑based penalties for hard drugs

The law sets the same weight tiers for cocaine, crack, heroin, and amphetamine or methamphetamine (including salts, isomers, and mixtures). 140 grams or more is a Class IB felony. At least 28 grams but less than 140 grams is a Class IC felony. At least 10 grams but less than 28 grams is a Class ID felony.

Broader drug schedules and FDA exceptions

The law expands Schedule I to cover many new drugs, including fentanyl-like substances, nitazenes, synthetic cannabinoids, substituted phenethylamines, substituted tryptamines, and several cathinones. It adds Mesocarb and Methiopropamine to Schedule I. It makes xylazine a Schedule III drug but keeps FDA‑approved and other FDA‑authorized animal uses legal. FDA‑approved crystalline psilocybin is not treated as Schedule I and is placed in Schedule IV. FDA‑approved CBD drug products are not treated as Schedule I. The law also adds serdexmethylphenidate and zuranolone to Schedule IV and repeals and replaces older controlled‑substances sections.

Marijuana penalties by amount and priors

More than 1 ounce but up to 1 pound of marijuana is a Class III misdemeanor. More than 1 pound is a Class IV felony. For 1 ounce or less, a first offense is an infraction with a $300 fine and a drug‑education course. A second offense is a Class IV misdemeanor with a $400 fine and up to 5 days in jail. A third or later offense is a Class IIIA misdemeanor with a $500 fine and up to 7 days in jail.

Teens lose licenses for drug offenses

If you are 18 or younger and have a license, the court can impound it for 30 days on a first offense with a drug class. A second offense can mean 90 days and 20–40 hours of community service plus a drug class. A third or later offense can mean 12 months, at least 60 hours of service, a drug class, and a drug assessment. If you do not have a license, the court can block you from getting one for the same time periods and requirements. The court must send the record to the DMV.

Limits on OTC ephedrine purchases

Stores may sell Primatene Tablets and Bronkaid if they keep them behind the counter or locked, check ID for 18+, and follow quantity limits. You can buy up to 3.6 grams of ephedrine base in 24 hours and up to 9 grams in 30 days. The products must meet OTC labeling rules and cannot be marketed for stimulation, euphoria, sexual performance, or muscle gain.

Mandatory drug treatment for offenders

If you are convicted and put on probation, you must complete approved drug treatment and counseling. If you are sentenced to the Department of Correctional Services, you must attend drug treatment and counseling while in custody.

Sponsors & Cosponsors

Sponsor

Bob Hallstrom
Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 118 • No: 2

legislature vote • 2/21/2025

Final Reading

Yes: 47 • No: 1

legislature vote • 2/7/2025

Vote

Yes: 32 • No: 1 • Other: 16

legislature vote • 1/30/2025