Drug trafficking refers to the possession of a controlled substance with the intent to distribute drugs based on the weight of the substance. Nebraska`s drug trafficking law provides for stricter penalties based on the weight of the drug. The law creates three weight levels for drug trafficking: Nebraska has drug plans that divide controlled substances into groups. Chapter 28, Section 4 of the Nebraska Code identifies drugs in the schedule of drugs that are considered illegal. The Drug Schedule lists specific drugs and quantities considered illegal. A: The penalties for possession of these THC-concentrated products go far beyond those for “flowering” marijuana. In Nebraska, it is a crime to be arrested with any quantity of these items, and it is charged just like methamphetamine and other hard drugs. The severity of the sentence if you are convicted is based on the many factors you will be charged with, which can cover a range of variables, from marijuana possession to heroin trafficking and prescription drug fraud. Similarly, sentences depend on the type and amount the offender has at the time of arrest. These drugs are divided into “schedules” ranging from Schedule V drugs such as cough suppressants to the more dangerous Schedule I class of methamphetamine and cocaine. Nebraska`s drug laws are easily misunderstood. Although Nebraska is known for its high-quality football and agriculture, many people mistakenly believe that Nebraska`s drug laws are lenient. Marijuana can be decriminalized in small cases, but Nebraska still has some of the strictest drug possession, transportation, and distribution laws in the country.
With the influx of drugs from neighboring states like Colorado, Nebraska`s policymakers, prosecutors, and law enforcement agencies have stepped up their game to prevent a drug riot in the state`s small communities and cities. When defending against violating Nebraska`s drug laws, there are many common and effective defenses to work with. Police could and often violated constitutional rights, which include unlawful searches and seizures, in addition to Miranda rights violations and booby traps. There may also have been no intention to sell the drugs you possessed in the first place, or the drugs may not have been in your custody, control or possession. They may have lived with a drug dealer and didn`t even know it. The total weight of the substance contains another substance mixed with narcotics. The charge must prove that the accused possessed these drugs with the intent to pass them on to another person in order to obtain a conviction for trafficking. Omaha`s drug laws are extremely strict. Even marijuana, which is legalized in many states, is still severely prosecuted in Nebraska. Possession of any amount of marijuana can result in hefty fines.
Interestingly, the weight of drugs in the indictment makes no difference to sentences. Someone who has less than an ounce of marijuana in small bags that would allegedly distribute them faces the same possible penalties as someone with 8,000 pounds of marijuana. A: No. While cannabis has been decriminalized in neighboring Colorado and other states, it remains illegal in Nebraska. Penalties range from a summons and a $300 fine for first possession of up to one ounce of marijuana to significant jail time and fines for possession with intent to distribute, drug trafficking or drug production. The state has enacted a law on marijuana tax stamps. This law requires those who possess marijuana to be required by law to purchase state-issued stamps and affix them to their contraband. Failure to do so may result in a fine and/or criminal sanction. Here are some common questions about drugs in Nebraska. These responses are not intended to replace direct advice from a defence lawyer.
If you need assistance, contact Olsen Law Offices, P.C., L.L.O. immediately. Depending on the perceived harmfulness of the drug involved in a case, as well as the alleged intentions of the person possessing the drug, the resulting penalties vary in severity. For example, possession of marijuana is illegal, but if someone has a small amount, it will be treated as an offence with a $300 fine. However, if someone has the same amount of cocaine, methamphetamine or heroin, it will be treated as a Class 4 offence. Drug trafficking is an umbrella term that refers to the most serious crimes of a State. Convictions for drug trafficking offences often result in long prison sentences, heavy fines and long custodial sentences once released from prison. Other legal consequences arise from a drug trafficking conviction in Nebraska, which can also complicate your journey to recovery.
A: No, and it has become a big deal for law enforcement. Police have significantly increased their presence on Interstate 80, which serves as a pipeline for transporting legally purchased cannabis. I-80 drug seizures have yielded everything from simple possession cases to marijuana shipments eclipsing 1,500 pounds. Possession of utensils is an offence punishable by a fine of up to $100. Cultivation in Nebraska is penalized based on the total weight of plants found. For more information on penalties, see the “Sale/Manufacturing” section. A lawyer who specializes and is experienced in drug trafficking in Nebraska knows how to build an aggressive defense. Depending on your case, a drug attorney may: A: This is an increasingly common event as police target rental vehicles and out-of-state drivers. First, in accordance with your Miranda rights, do not submit to questioning until you have spoken with Olsen Law Offices, P.C., L.L.O. and attorney Tom Olsen is present for your questioning. Once you are released from custody and return home, Olsen will ensure consistent communication as he works towards the best possible resolution in your case.
It would be best if you speak with a Nebraska drug defense attorney to decide which defense is best for you. A second or subsequent violation is a collective identification offence, punishable by a mandatory minimum penalty of 3 years and imprisonment for up to 50 years. Nebraska`s drug laws are harsh and ruthless. That`s why you should talk to Tom Petersen and his team at Petersen Criminal Law. Tom offers free, non-binding consultations to anyone prosecuted. Call Tom today at 402-509-8070 to protect your future. The higher the alleged amount, the more likely it is that the person will be charged with possession with intent to distribute. For example, while simple possession of marijuana is an offence that carries a $300 fine, possession with intent to distribute is a Class 2 crime punishable by zero to 20 years in prison. The sale of utensils is a Class II offence punishable by a maximum penalty of $1,000 and imprisonment for up to 6 months.
A second conviction for possession of 1 ounce or less is a Class IV offence punishable by a maximum penalty of $500. You will need a tough, dedicated, and experienced drug defense attorney if you are charged with drug trafficking in Nebraska. Each case is different. Therefore, an experienced drug advocate could help you develop a comprehensive defense strategy that gives you the best chance of success. 301 Centennial Mall South, P.O. Box 94946, Lincoln, NE 68509, USA A: From the moment you hire attorney Tom Olsen, his main goal is to keep a conviction out of your records so you can avoid jail time and hefty fines. This includes obtaining authorization from the National Security Council and the Nebraska First-Time Diversion Program. Whatever your situation, you can trust him to make you the most optimal offer. A person is guilty of a Class IIIA crime if the substance is listed in Schedule IV or V, including marijuana. Nebraska, like many other states, classifies crime.