™Your Policy Risk Impact Agent
680 sections in this chapter.
Neb. Rev. Stat. § 28-430 Department; enforce act; powers.
1.2K chars
The department shall enforce the Uniform Controlled Substances Act and shall cooperate with federal agencies, the Division of Drug Control, and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of c…
Neb. Rev. Stat. § 28-431 Seized without warrant; subject to forfeitures; disposition; manner; when; accepted as evidence; court costs and expenses; report to Auditor of Public Accounts; contents.
10.4K chars
(1) The following shall be seized with or without a warrant by an officer of the Division of Drug Control or by any peace officer and the same shall be subject to forfeiture: (a) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possesse…
Neb. Rev. Stat. § 28-432 Complaint, pleading, or proceeding; burden of proof.
0.7K chars
(1) It shall not be necessary for the state to negate any exemption or exception set forth in the Uniform Controlled Substances Act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under the provisions of the act, and the …
Neb. Rev. Stat. § 28-433 Appeal; procedure.
0.3K chars
All final determinations, findings, and conclusions of the department under the Uniform Controlled Substances Act shall be final and conclusive decisions of the matters involved, except that any person aggrieved by such decision may appeal the decision, and the appeal shall be in…
Neb. Rev. Stat. § 28-434 Education and research.
3.5K chars
(1) The department and the Division of Drug Control shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with such programs they may: (a) Promote better recognition of the problems of misuse and abuse of contr…
Neb. Rev. Stat. § 28-435 Licensee; reporting and investigation duties.
0.2K chars
Every licensee subject to the Uniform Controlled Substances Act shall be subject to and comply with sections 38-1,124 to 38-1,126 relating to reporting and investigations.
Neb. Rev. Stat. § 28-435.01 Health care facility; peer review organization or professional association; report required; contents; confidentiality; immunity; failure to report; civil penalty; disposition.
2.7K chars
(1) A health care facility licensed under the Health Care Facility Licensure Act or a peer review organization or professional association relating to a profession regulated under the Uniform Controlled Substances Act shall report to the department, on a form and in the manner sp…
Neb. Rev. Stat. § 28-435.02 Insurer; duty to report violations.
1.0K chars
(1) Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations exis…
Neb. Rev. Stat. § 28-435.03 Clerk of county or district court; report convictions and judgments; Attorney General or city or county prosecutor; provide information.
0.9K chars
The clerk of any county or district court in this state shall report to the department the conviction of any person licensed by the department under the Uniform Controlled Substances Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or…
Neb. Rev. Stat. § 28-437 Uniformity of interpretation.
0.2K chars
The Uniform Controlled Substances Act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of the act among those states which enact it.
Neb. Rev. Stat. § 28-439 Drug paraphernalia, defined; enumerated.
1.8K chars
As used in sections 28-101, 28-431, and 28-439 to 28-444, unless the context otherwise requires, drug paraphernalia shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhalin…
Neb. Rev. Stat. § 28-440 Drug paraphernalia; determination; factors considered.
1.9K chars
In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if an…
Neb. Rev. Stat. § 28-441 Drug paraphernalia; use or possession; unlawful; penalty.
0.4K chars
(1) It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444. (2) Any pe…
Neb. Rev. Stat. § 28-442 Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty.
0.7K chars
(1) It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances in which one reasonably should know, that it will be used to manufacture, inject, ingest, or inhale or ot…
Neb. Rev. Stat. § 28-443 Delivery of drug paraphernalia to a minor; penalty.
0.2K chars
Any person eighteen years of age or older who violates section 28-442 by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior shall be guilty of a Class I misdemeanor.
Neb. Rev. Stat. § 28-444 Advertisement of drug paraphernalia; unlawful; penalty.
0.4K chars
(1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of o…
Neb. Rev. Stat. § 28-445 Imitation controlled substance; prohibited acts; determination; penalties; seizure.
2.1K chars
(1) Any person who knowingly and intentionally manufactures, distributes, delivers, or possesses with intent to distribute or deliver an imitation controlled substance shall: (a) For the first offense, be guilty of a Class III misdemeanor; and (b) For the second and all subsequen…
Neb. Rev. Stat. § 28-449 Crystalline iodine; sale; requirements.
0.3K chars
Any person who sells crystalline iodine to another person shall require photo identification of the purchaser and shall maintain a written record for a period of five years after the sale, including the date of the sale, the name, address, and date of birth of the purchaser, and …
Neb. Rev. Stat. § 28-450 Ephedrine, pseudoephedrine, or phenylpropanolamine; immediate precursor; prohibited acts; violation; penalty.
0.5K chars
No person shall sell, distribute, or otherwise transfer any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the person knows that the transferee will use the drug product as an immediate precursor to any…
Neb. Rev. Stat. § 28-451 Anhydrous ammonia; possession; penalty.
0.2K chars
No person shall possess anhydrous ammonia with the intent to manufacture methamphetamine. Any person who violates this section is guilty of a Class IV felony.
Neb. Rev. Stat. § 28-452 Ephedrine, pseudoephedrine, or phenylpropanolamine; possession; penalty.
0.2K chars
No person shall possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to manufacture methamphetamine. Any person who violates this section is guilty of a Class IV felony.
Neb. Rev. Stat. § 28-453 Methamphetamine; retailer education program.
0.6K chars
The Nebraska State Patrol may develop and maintain a program to inform retailers about illicit methamphetamine production, distribution, and use in Nebraska and devise procedures and forms for retailers to use in reporting to the patrol suspicious purchases, thefts, or other tran…
Neb. Rev. Stat. § 28-455 Methamphetamine Awareness and Education Fund; created; use; investment.
0.6K chars
The Methamphetamine Awareness and Education Fund is created. The Nebraska Commission on Law Enforcement and Criminal Justice shall use the fund to support projects relating to educating retailers and the public on the dangers of methamphetamine. The commission may accept contribu…
Neb. Rev. Stat. § 28-456 Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement.
2.6K chars
(1) Any drug products containing phenylpropanolamine, pseudoephedrine, or their salts, optical isomers, or salts of such optical isomers may be sold without a prescription only if they are: (a) Labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or …
Neb. Rev. Stat. § 28-456.01 Pseudoephedrine or phenylpropanolamine; limitation on acquisition; violation; penalty.
1.1K chars
(1) No person shall purchase, receive, or otherwise acquire, other than wholesale acquisition by a retail business in the normal course of its trade or business, any drug product containing more than three and six-tenths grams of pseudoephedrine base or three and six-tenths grams…
Neb. Rev. Stat. § 28-457 Methamphetamine; prohibited acts; violation; penalties.
2.7K chars
(1) For purposes of this section: (a) Bodily injury has the same meaning as in section 28-109; (b) Chemical substance means a substance intended to be used as an immediate precursor or reagent in the manufacture of methamphetamine or any other chemical intended to be used in the …
Neb. Rev. Stat. § 28-458 Methamphetamine precursor; terms, defined.
0.7K chars
For purposes of sections 28-458 to 28-462: (1) Exchange means the National Precursor Log Exchange administered by the National Association of Drug Diversion Investigators; (2) Methamphetamine precursor means any drug product containing ephedrine, pseudoephedrine, or phenylpropano…
Neb. Rev. Stat. § 28-459 Methamphetamine precursor; seller; duties; waiver authorized.
2.1K chars
(1) Beginning January 1, 2012, each seller shall, before completing a sale of a methamphetamine precursor, electronically submit required information to the exchange, if the exchange is available to sellers. Required information shall include, but not be limited to: (a) The name,…
Neb. Rev. Stat. § 28-460 Methamphetamine precursor; access to exchange to law enforcement.
0.3K chars
As a condition of use in Nebraska, the National Association of Drug Diversion Investigators shall provide real-time access to the exchange through its online portal to law enforcement in this state as authorized by the Attorney General and no fee or charge shall be imposed on a s…
Neb. Rev. Stat. § 28-461 Methamphetamine precursor; seller; immunity.
0.2K chars
A seller utilizing in good faith sections 28-458 to 28-462 shall be immune from any civil cause of action based upon an act or omission in carrying out such sections.
Neb. Rev. Stat. § 28-462 Methamphetamine precursor; prohibited acts; penalty.
0.3K chars
Beginning January 1, 2013, a seller that knowingly fails to submit methamphetamine precursor information to the exchange as required by sections 28-458 to 28-462 or knowingly submits incorrect information to the exchange shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 28-470 Opioid overdose reversal medication; authorized activities; immunity from administrative action, criminal prosecution, or civil liability.
5.8K chars
(1) A health professional who is authorized to prescribe or dispense an opioid overdose reversal medication, if acting with reasonable care, may prescribe, administer, or dispense such medication to any of the following persons without being subject to administrative action or cr…
Neb. Rev. Stat. § 28-471 Lookalike substance; prohibited acts; penalty.
1.2K chars
(1) A person shall not offer, display, market, advertise for sale, or sell a lookalike substance. A violation of this section shall be deemed to have occurred if a person knowingly offers, displays, markets, advertises for sale, or sells a lookalike substance and the packaging co…
Neb. Rev. Stat. § 28-472 Drug overdose; exception from criminal liability; conditions.
2.4K chars
(1) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if: (a) Such person made a good faith request for emergency medical assistance in response to a drug overdose of himself, herself, or another; (b) Such person made a request for medical a…
Neb. Rev. Stat. § 28-475 Opiates; receipt; identification required.
0.5K chars
(1) Unless the individual taking receipt of dispensed opiates listed in Schedule II, III, or IV of section 28-405 is personally and positively known to the pharmacist or dispensing practitioner, the individual shall display a valid driver's or operator's license, a state identifi…
Neb. Rev. Stat. § 28-476 Hemp; carry or transport; requirements; peace officer; powers; violation; penalty.
1.8K chars
(1) No person shall carry or transport hemp in this state unless such hemp is: (a) Produced in compliance with the requirements of the Agriculture Improvement Act of 2018, as such act is defined in section 2-503; and (b) Carried or transported as provided in section 2-515. (2)(a)…
Neb. Rev. Stat. § 28-501 Building, defined.
0.6K chars
As used in this article, unless the context otherwise requires, building shall mean a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes ships, trailers, sleeping cars, aircraft, or other vehicles or places adap…
Neb. Rev. Stat. § 28-502 Arson, first degree; penalty.
0.8K chars
(1) A person commits arson in the first degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion when another person is present in the building at the time and either (a) the actor knows that fact, or …
Neb. Rev. Stat. § 28-503 Arson, second degree; penalty.
0.8K chars
(1) A person commits arson in the second degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion or if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felo…
Neb. Rev. Stat. § 28-504 Arson, third degree; penalty.
0.8K chars
(1) A person commits arson in the third degree if he or she intentionally sets fire to, burns, causes to be burned, or by the use of any explosive, damages or destroys, or causes to be damaged or destroyed, any property of another person without such other person's consent. Such …
Neb. Rev. Stat. § 28-505 Burning to defraud insurer; penalty.
0.4K chars
Any person who, with the intent to deceive or harm an insurer, sets fire to or burns or attempts so to do, or who causes to be burned, or who aids, counsels or procures the burning of any building or personal property, of whatsoever class or character, whether the property of him…
Neb. Rev. Stat. § 28-506 Lawful burning of property; training and safety promotion purposes; permit.
0.7K chars
Property may be lawfully destroyed by burning such structures as condemned by law, structures no longer having any value for habitation or business or no longer serving any useful value in the area in which situated, and any other combustible material that will serve to be used f…
Neb. Rev. Stat. § 28-507 Burglary; penalty.
0.3K chars
(1) A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with intent to steal property of any value. (2) Burglary is a Class IIA felony.
Neb. Rev. Stat. § 28-508 Possession of burglar's tools; penalty.
0.7K chars
(1) A person commits the offense of possession of burglar's tools if such person: (a) Knowingly possesses any explosive, tool, instrument, key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail, or other article adap…
Neb. Rev. Stat. § 28-509 Terms, defined.
2.7K chars
As used in sections 28-509 to 28-518, unless the context otherwise requires: (1) Deprive shall mean: (a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of…
Neb. Rev. Stat. § 28-510 Consolidation of theft offenses.
0.7K chars
Conduct denominated theft in sections 28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like. An accusation of t…
Neb. Rev. Stat. § 28-511 Theft by unlawful taking or disposition.
1.7K chars
(1) A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof. (2) A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent t…
Neb. Rev. Stat. § 28-511.01 Theft by shoplifting; penalty; photographic evidence.
2.3K chars
(1) A person commits the crime of theft by shoplifting when he or she, with the intent of appropriating goods or merchandise to his or her own use without paying for the goods or merchandise or to deprive the owner of possession of such goods or merchandise or its retail value, i…
Neb. Rev. Stat. § 28-511.02 Theft of rented or leased motor vehicle; where tried.
0.3K chars
In any criminal prosecution for theft pursuant to subsection (4) of section 28-511, the accused shall be tried in the county where the motor vehicle was rented or leased or where the motor vehicle was recovered except as otherwise provided in section 25-412.03.
Neb. Rev. Stat. § 28-511.03 Possession of security device countermeasure; penalty.
0.4K chars
(1) It shall be unlawful for any person, other than an authorized agent of a store or retail establishment, to possess, in that store, any security device countermeasure. (2) For purposes of this section, security device countermeasure means a device which bypasses, disables, or …