All Roll Calls
Yes: 376 • No: 453
NebraskaLB795109th Legislature 1st and 2nd SessionslegislatureWALLET
Designate bromazolam as a controlled substance under the Uniform Controlled Substances Act, correct the spelling of certain controlled substances, and enhance penalties for certain controlled substance offenses involving fentanyl
Sponsored By: Barry DeKay
Signed by Governor
Judiciary Committee
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 4 benefits, 2 costs, 3 mixed.
Broader racketeering reach for drug crimes
The racketeering law now covers possessing over one pound of marijuana and having money meant to help a drug crime. The law also defines “unlawful debt” as at least $1,500 from illegal gambling or from loans at twice the enforceable interest rate or higher. These rules help prosecutors target criminal enterprises and illegal financing.
Harsher felony tiers for fentanyl
The law sets three felony levels for fentanyl crimes. 10 to less than 28 grams is a Class ID felony. 28 to less than 140 grams is a Class IC felony. 140 grams or more is a Class IB felony. These apply to making, selling, or possessing mixtures with detectable fentanyl. The law also defines fentanyl to include its isomers, esters, ethers, salts, and the listed related substances.
New felony and forfeiture for drug money
It is a Class IV felony to knowingly possess money used or meant to help a listed drug crime. After a conviction for those drug crimes, the court can hold a separate hearing and take property tied to the offense. The court needs clear and convincing evidence that money, guns, vehicles, phones, or similar items were used in or came from the crime.
Immunity when reporting sexual assault
If you witness or are a victim of a sexual assault, you are not arrested or charged for certain listed alcohol or drug offenses in two cases. One, you report the assault or call for medical help in good faith and the evidence comes from that report. Two, the evidence comes from the assault investigation and you cooperate with police. The protection covers the specific state offenses named in the law and similar local ordinances.
Xylazine allowed for animal care
Xylazine used for animals under FDA rules is not treated as controlled under this entry. Veterinarians, pharmacists, and animal‑drug makers may prescribe, dispense, make, or compound it for nonhuman species as allowed by section 512 of the federal law, including investigational uses and permitted compounding.
Bromazolam and brorphine now Schedule I
The law lists bromazolam and brorphine as Schedule I drugs. Making, selling, or possessing them is treated like other Schedule I offenses. This supports law enforcement against these substances.
OTC ephedrine kept, with strict limits
Some ephedrine medicines still sell over the counter, but only under tight rules. You must be 18 or older, show valid ID, and buy from behind a counter or locked case. You cannot buy more than 3.6 grams in 24 hours or 9 grams in 30 days. The product cannot be marketed for a “high,” euphoria, or similar effects. Primatene Tablets and Bronkaid Dual Action Caplets are allowed if all rules are met.
Clearer schedule rules for some medicines
The law sets exact limits for when combo narcotic medicines are Schedule III or V. Example: Schedule III allows codeine up to 1.8 g per 100 ml or 90 mg per dose with other active nonnarcotic ingredients. Schedule V allows codeine up to 200 mg per 100 ml. FDA‑approved GHB drug products are in Schedule III. Makers and pharmacists must follow these precise milligram limits and handling rules.
Old controlled substance sections repealed
The law repeals the prior text of sections 28-405, 28-416, 28-1354, and 28-1701. The updated language now controls. This is a technical step to put the new rules in place.
Sponsors & Cosponsors
Sponsor
Barry DeKay
Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 2/27/2026
Final Reading
Yes: 32 • No: 14 • Other: 3
legislature vote • 2/27/2026
Vote
Yes: 12 • No: 29 • Other: 8
legislature vote • 2/19/2026
Vote
Yes: 35 • No: 14
legislature vote • 2/19/2026
Vote
Yes: 36 • No: 13
legislature vote • 2/19/2026
Vote
Yes: 13 • No: 34 • Other: 2
legislature vote • 2/19/2026
Vote
Yes: 35 • No: 13 • Other: 1
legislature vote • 2/18/2026
Vote
Yes: 13 • No: 28 • Other: 8
legislature vote • 2/18/2026
Vote
Yes: 9 • No: 31 • Other: 9
legislature vote • 2/18/2026
Vote
Yes: 12 • No: 31 • Other: 6
legislature vote • 2/17/2026
Vote
Yes: 7 • No: 33 • Other: 9
legislature vote • 1/30/2026
Vote
Yes: 35 • No: 1 • Other: 13
legislature vote • Unknown
Vote
Yes: 12 • No: 31 • Other: 6
legislature vote • Unknown
Vote
Yes: 7 • No: 33 • Other: 9
legislature vote • Unknown
Vote
Yes: 13 • No: 28 • Other: 8
legislature vote • Unknown
Vote
Yes: 35 • No: 13 • Other: 1
legislature vote • Unknown
Vote
Yes: 36 • No: 13
legislature vote • Unknown
Vote
Yes: 13 • No: 34 • Other: 2
legislature vote • Unknown
Vote
Yes: 9 • No: 31 • Other: 9
legislature vote • Unknown
Vote
Yes: 12 • No: 29 • Other: 8
Actions Timeline
Provisions/portions of LB817 amended into LB795 by AM2092
4/17/2026legislatureApproved by Governor on March 3, 2026
3/3/2026legislaturePresented to Governor on February 27, 2026
3/3/2026legislaturePresident/Speaker signed
2/27/2026legislaturePassed on Final Reading 32-14-3
2/27/2026legislatureDispensing of reading at large approved
2/27/2026legislatureConrad FA982 withdrawn
2/27/2026legislatureConrad FA981 withdrawn
2/27/2026legislatureConrad FA979 withdrawn
2/27/2026legislatureConrad FA978 withdrawn
2/27/2026legislatureConrad FA977 not considered
2/27/2026legislatureMotion to return to Select File withdrawn
2/27/2026legislatureConrad MO423 failed
2/27/2026legislatureEnrollment and Review ST55 recorded
2/24/2026legislatureEnrollment and Review ST55 filed
2/24/2026legislaturePlaced on Final Reading with ST55
2/24/2026legislatureDungan MO413 not considered
2/19/2026legislatureDungan MO412 not considered
2/19/2026legislatureAdvanced to Enrollment and Review for Engrossment
2/19/2026legislatureStorer AM2092 adopted
2/19/2026legislatureConrad FA980 lost
2/19/2026legislatureDeKay MO434 prevailed
2/19/2026legislatureDeKay MO434 Invoke cloture pursuant to Rule 7, Sec. 10 filed
2/19/2026legislatureConrad FA982 filed
2/18/2026legislatureConrad FA981 filed
2/18/2026legislature
Bill Text
Introduced
1/7/2026
Enrolled / Slip Law
Final / Enacted
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