Know Your Rights: Your Complete Guide to Drug Possession Laws

Every state in the U.S. regulates and controls the sale of controlled dangerous substances or CDS. While this is true, every state differs in how it defines a CDS and the penalties for selling them. Not only does Nebraska classify the more known drugs such as cocaine, heroin, and marijuana as CDS, they also include the materials that are used to manufacture them in this classification.

Keep reading to learn more about drug possession laws in Nebraska here. Being informed is essential to ensure that you understand your rights if you are ever in a situation where you are caught with these substances.

The Classification of CDS in Nebraska

In the state of Nebraska, CDS is divided into five individual “schedules.” Schedule I includes the most dangerous drugs, which are the ones that have the highest probability of addiction along with no real medical value.

Schedule II, III, IV, and V are considered less dangerous and have recognized medical uses.

The classes of drugs, and what they include are as follows:

  • Schedule I Drugs: Ecstasy, marijuana, LSD, heroin
  • Schedule II Drugs: Adderall, oxycodone, methamphetamine, cocaine
  • Schedule III Drugs: Ketamine, steroids, codeine
  • Schedule IV Drugs: Ambien, Tramadol, Xanax
  • Schedule V Drugs: Cough preparations with under 200mg of codeine for every 100mL/100g, Robitussin, Lomotil

A judge will use the classes to determine the severity of the fines and prison time for an individual. If you are arrested for the illegal possession of a CDS or for possession with intent to deliver you must consult with the Nebraska Code to see what drugs fit into every group.

Potential Penalties for CDS Possession in Nebraska

The state of Nebraska has criminalized CDS possession along with CDS precursors, which are the substances that are used for manufacturing CDS. The penalties will vary based on several factors.

For example, if you are charged with the personal possession of these substances (this means possession without the intent to sell the substance), you face fines of up to $10,000 and/or as much as five years behind bars.

If you are facing possession with the intent to distribute a CDS that is Schedule I, II, or III, you will face a Class II felony. With this charge, you are facing between one and 50 years of imprisonment.

If you are charged with possession with the intent to distribute any other of the CDS classes, you will be charged with a Class IIA felony. This charge carries fines of up to $10,000 along with up to three years behind bars.

Drug Possession Laws: Now You Know the Basics

As you can see, the drug possession laws in Nebraska carry serious penalties. It’s important to keep this in mind. If you are arrested for the possession of any CDS, it’s a good idea to contact an attorney.

If you are looking for more information and resources, be sure to check out some of our other blogs.