Possession of a Controlled Substance in Nebraska

By , Contributing Author

All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Nebraska classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

This article discusses illegal CDS possession only. Making or selling CDS (or possessing CDS with the intent to do those things)carries different penalties. For more information on CDS manufacture and sale, see Sale of a Controlled Substances in Nebraska.

Also, while marijuana is considered a CDS, this article does not cover Nebraska's marijuana possession and sale laws. To learn more about that topic, see Nebraska Marijuana Laws.

Additional penalties apply to convictions for driving under the influence of CDS (including marijuana). To learn more about that topic, see Driving Under the Influence of Marijuana in Nebraska.

How Nebraska Classifies CDS

Nebraska divides CDS into five "schedules." Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abus,; and increase in recognized medical uses.

The judge may use these classes to determine the severity of the applicable fines and prison time for illegally possessing CDS. If you've been arrested for illegal CDS possession, you'll need to consult the Nebraska Code that lists precisely which drugs fit into each group. Go to the statute (Neb. Rev. Stat. Ann. § 28-405) and find the substance you're charged with possessing -- it will be listed under one of the five classes.

Penalties for Illegal CDS Possession

Nebraska criminalizes the possession of CDS and CDS precursors (substances used to manufacture CDS). Penalties for personal possession (possession without intent to sell the CDS) include a fine of up to $10,000, up to five years in prison, or both. (Ne. Rev. Stat. Ann. § 28-451, & -452.)

Talk to an Attorney

Illegally possessing CDS incurs both heavy fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.

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