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

8 provisions identified: 0 benefits, 5 costs, 3 mixed.

Penalties for possessing drugs and marijuana

Possessing most controlled drugs without a valid prescription is a Class IV felony. It is not a crime if you got the drug from a licensed prescriber acting in professional practice. Other narrow state‑law exceptions still apply. For marijuana: more than 1 ounce up to 1 pound is a Class III misdemeanor; more than 1 pound is a Class IV felony. One ounce or less: first offense is an infraction with a $300 fine and possible drug class; second is a Class IV misdemeanor with a $400 fine and up to 5 days in jail; third or later is a Class IIIA misdemeanor with a $500 fine and up to 7 days in jail.

More substances moved to Schedule I

The law adds many fentanyl‑related substances to Schedule I, with a broad catch‑all. DEA‑listed exemptions as of January 31, 2022 still apply. It also places wide groups of substituted phenethylamines and substituted tryptamines in Schedule I. Any amount in a mixture is covered unless specifically exempt or listed in another schedule.

Stronger penalties for drug crimes

The law makes it illegal to make, sell, deliver, or possess controlled drugs to sell. Penalties now scale by schedule: “exceptionally hazardous” Schedule I–III crimes are Class II felonies; other I–III are Class IIA; Schedule IV–V are Class IIIA. For cocaine, base cocaine, heroin, amphetamine, and methamphetamine: 140 grams or more is Class IB; 28 to under 140 grams is Class IC; 10 to under 28 grams is Class ID. If you knowingly have a firearm during the drug crime, your penalty goes up one class, but not above Class IB. If you are 18 or older and use someone under 18 in the crime, your penalty also goes up one class, but not above Class IB. Knowingly possessing money meant to help a drug crime is a Class IV felony.

Courts can forfeit drug related property

After a conviction and a separate hearing, a court can take property tied to the drug crime. The court must find clear and convincing evidence. Money, securities, guns, vehicles, phones, and related electronic gear can be forfeited.

Teen drug offenses can suspend licenses

For people age 18 or younger, the court can take or block a driver’s license after a drug offense. A first offense can mean a 30‑day impound; a second, 90 days; a third or later, 12 months. Courts can also order drug classes, community service, or an assessment. The court sends an abstract to the DMV when it impounds or blocks a license.

Mandatory drug treatment after conviction

If you are convicted and put on probation, you must complete approved drug treatment and counseling. If you are sent to prison, you must attend drug treatment while incarcerated. Programs must be licensed or authorized under state law.

Limits on buying ephedrine cold meds

Stores must keep certain ephedrine products behind the counter or locked. You must be 18 or older, show ID, and follow quantity caps. You can buy no more than 3.6 grams in 24 hours and 9 grams in 30 days. Products must meet over‑the‑counter labeling rules.

Xylazine controlled and veterinary uses protected

Xylazine is placed in Schedule III. Approved animal‑drug uses are not covered if they meet federal rules as of January 1, 2025. Licensed pharmacists and veterinarians can compound for animals under those rules. The change targets illegal human use while keeping legal veterinary care available.

Sponsors & Cosponsors

Sponsor

Bob Hallstrom
legislature

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