Drug Possession Attorneys in Omaha, Nebraska

Neighboring Colorado may have been a pioneer in recreational marijuana use and leniency toward drug offenders, but Nebraska is on a completely different track altogether. Possession of marijuana in Nebraska, depending on the quantity, can result in serious penalties. Even medial marijuana use is not legalized in Nebraska, though there is a campaign to get the issue on the ballot in 2024. 

Nebraska classifies drugs according to the federal Controlled Substances Act (CSA), which comprises what are called five “schedules,” listing drugs – legal or illegal -- according to the seriousness of the possible abuse and the effects of the substances listed in each schedule.  

Penalties are divided between “simple” possession and the manufacture, distribution, delivery, dispensation of the substances, as well as possession with the intent to manufacture, distribute, deliver, and/or dispense the substances. Except for minor marijuana possession, all are felonies. 

If you or a loved one is under investigation for, or being charged with illegal drug possession in or around Omaha, Nebraska, you can rely on our firm, Hug and Jacobs LLC. Our criminal defense attorneys will uphold your right to a strong defense and strive to achieve your best possible result.  

We have a combined several decades of experience in helping people in a situation just like yours, and we will stand with you throughout the process to make sure your rights are honored and the evidence and testimony against you is challenged. We also proudly serve clients in Fremont, Lincoln, Papillon, and Wahoo. 

Understanding Nebraska’s Drug Laws

Nebraska has strict laws when it comes to drug possession and drug manufacturing, sales, distribution, and all associated activities. Most drug charges are felonies, and felonies generally mean more than one year behind bars, along with fines and other penalties. Probation is also a possibility even after you serve any time.  

Nebraska, as noted above, follows the classifications of drugs as delineated in the federal Controlled Substances Act (CSA), which groups both legal and illegal drugs into schedules according to the potential for their abuse and their potential deleterious effects. The CSA groups drugs as follows: 

• SCHEDULE I: Drugs in this category have a high potential for abuse but also have no currently accepted medical use. The list includes marijuana (though it is legal for medical use in many states), as well as heroin, lysergic acid diethylamide (LSD), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine ("Ecstasy"). 

• SCHEDULE II: These drugs also have a high potential for abuse but have a currently accepted medical use value. The list includes hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®), and fentanyl (Sublimaze®, Duragesic®).  Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone, among others. 

• SCHEDULE III: These drugs have less of a potential for abuse but can lead to moderate or low physical dependence, or high psychological dependence, even in current medical use. The list includes products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine®), and buprenorphine (Suboxone®). 

• SCHEDULE IV: These drugs are in current medical use with a low potential for abuse. The list includes alprazolam (Xanax®), carisoprodol (Soma®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®), and triazolam (Halcion®). 

• SCHEDULE V: These drugs are in current medical use and have a low potential for abuse and a limited physical or psychological dependency, including cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC®, Phenergan with Codeine®), and ezogabine. 

Potential Penalties

As noted earlier, penalties for illegal drugs are divided between possession and more aggressive behaviors such as selling, manufacturing, distributing, or dispensing a substance outside the legal pharmaceutical industry. Some drugs, of course, such as those in Schedule I, cannot even be prescribed by a medical practitioner. 

Possession of one ounce and up to one pound of marijuana is a Class III misdemeanor. Class III misdemeanors are punishable by up to three months in jail and/or a fine of up to $500. 

Possession of other controlled substances, such as heroin, methamphetamine, cocaine, LSD, fentanyl, and most Schedule I, II and III substances are Class IV felonies. Penalties are up to two years’ imprisonment, 9- to 12-months’ post-release supervision, and/or a fine of up to $10,000. 

Manufacture, sale, distribution, delivery, and dispensation (or possession with the intent to commit any of those acts) are all felonies depending on the drug and the quantity involved. The charges can be for Class I, Class IC, Class ID, Class II, Class IIA, Class III, and Class IV felonies. The penalties start at not less than one year of imprisonment, but can range up to 50 years or life behind bars.  

Don’t put your future in incapable hands. For experienced and compassionate representation, look no further than our criminal defense attorneys at Hug and Jacobs LLC.