Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-414.06 Controlled substance; practitioner; provide information; limit on liability or penalty.
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(1) Any practitioner who gives information to a law enforcement officer or professional board appointed pursuant to the Uniform Credentialing Act shall not be subject to any civil, criminal, or administrative liability or penalty for giving such information. (2) As used in this s…
Neb. Rev. Stat. § 28-414.07 Controlled substances; chemical analysis; admissible as evidence in preliminary hearing.
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Whenever matter is submitted to the criminalistics laboratory of the Nebraska State Patrol for chemical analysis to determine if the matter is, or contains, a controlled substance, the report of that analysis shall be admissible in any preliminary hearing in any court in Nebraska…
Neb. Rev. Stat. § 28-415 Narcotic drugs; label; requirements.
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(1) A manufacturer, distributor, or packager who sells or dispenses a narcotic drug or a wholesaler who sells or dispenses a narcotic drug in a package prepared by him or her shall securely affix a label to each package in which such drug is contained showing in legible English t…
Neb. Rev. Stat. § 28-416 Prohibited acts; violations; penalties.
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(1) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or…
Neb. Rev. Stat. § 28-417 Unlawful acts; violations; penalty.
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(1) It shall be unlawful for any person: (a) To omit, remove, alter, or obliterate a symbol required by the federal Controlled Substances Act, 21 U.S.C. 801 et seq., as the act existed on September 1, 2001, or required by the laws of this state; (b) To alter, deface, or remove an…
Neb. Rev. Stat. § 28-418 Intentional violations; penalty.
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(1) It shall be unlawful for any person knowingly or intentionally: (a) Who is a registrant to distribute a controlled substance classified in Schedule I or II of section 28-405 in the course of his or her legitimate business except in compliance with section 28-413; (b) To use i…
Neb. Rev. Stat. § 28-419 Inhaling or drinking certain intoxicating substances; unlawful.
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No person shall breathe, inhale, or drink any compound, liquid, or chemical containing acetate, acetone, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride, ethylene trichloride, hexane, isopropanol, isopropyl alcohol, methyl alcohol, methyl …
Neb. Rev. Stat. § 28-420 Selling or offering for sale certain compounds; use; knowledge of seller; unlawful.
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No person shall knowingly sell or offer for sale, deliver or give to any person any compound, liquid or chemical or any other substance which will induce an intoxicated condition as defined in section 28-419, when the seller, offerer or deliverer knows or has reason to know that …
Neb. Rev. Stat. § 28-421 Act, exceptions.
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The provisions of sections 28-419 to 28-424 shall not apply to the use or sale of such substances, as defined in sections 28-419 and 28-420, when such use or sale is administered or prescribed for medical or dental purposes, nor shall the provisions of sections 28-419 to 28-424 a…
Neb. Rev. Stat. § 28-422 Selling or offering for sale certain compounds; register; maintain for one year.
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Every person selling or offering for sale at retail any of the substances as defined in section 28-419, shall maintain a register in which are recorded the date of each sale, the quantity sold, and the name and address of the purchaser. The record of each sale shall be available …
Neb. Rev. Stat. § 28-423 Inducing or enticing; violation.
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No person shall induce or entice any person to violate the provisions of section 28-419, 28-420, or 28-422.
Neb. Rev. Stat. § 28-424 Violations; penalty.
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Any person who violates any provision of section 28-419, 28-420, 28-422, or 28-423 shall be guilty of a Class III misdemeanor.
Transferred to section 71-2510.01.
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[Repealed or reserved.]
Repealed. Laws 1978, LB 748, § 61.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-427 Additional penalties.
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Any penalty imposed for violation of the Uniform Controlled Substances Act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. A conviction or acquittal under federal law or the law of another state having a substantiall…
Neb. Rev. Stat. § 28-428 Controlled premises, defined; inspection; procedure.
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(1) Administrative inspections of controlled premises are authorized in accordance with the following provisions: (a) For purposes of the Uniform Controlled Substances Act only, controlled premises shall mean: (i) Places where persons registered or exempted from registration requ…
Neb. Rev. Stat. § 28-429 Division of Drug Control; established; personnel; powers and duties; Nebraska State Patrol Drug Control and Education Cash Fund; created; use; investment; report; contents.
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(1) There is hereby established in the Nebraska State Patrol a Division of Drug Control. The division shall consist of such personnel as may be designated by the Superintendent of Law Enforcement and Public Safety. It shall be the duty of the division to enforce all of the provis…
Neb. Rev. Stat. § 28-430 Department; enforce act; powers.
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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.
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(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.
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(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.
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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.
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(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.
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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.
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(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.
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(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.
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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…
Repealed. Laws 1993, LB 627, § 26.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-437 Uniformity of interpretation.
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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.
Transferred to section 28-401.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-439 Drug paraphernalia, defined; enumerated.
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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.
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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.
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(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.
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(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.
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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.
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(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.
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(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…
Repealed. Laws 1992, LB 1019, § 130.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 1019, § 130.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 151, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-449 Crystalline iodine; sale; requirements.
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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.
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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.
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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.
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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.
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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…
Repealed. Laws 2009, LB 151, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-455 Methamphetamine Awareness and Education Fund; created; use; investment.
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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.
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(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.
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(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.
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(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.
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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…