Hug & Jacobs, LLC | Attorneys At Law

Call Now | +1-402-513-7170

Hug & Jacobs, LLC | Attorneys At Law

+1-402-513-7170

Protecting The Rights Of Criminal Defendants Since 1995

Omaha Drug Crimes Attorneys With Over 46 Years Of Experience

Even though neighboring Colorado has legalized recreational marijuana use, that is not the case in Nebraska. In fact, police patrol I-80 from Colorado to see if any cannabis products are being smuggled into the state. Nebraska still maintains strict laws concerning not only marijuana but all controlled substances and penalties can be stiff. When it comes to drug and controlled substance enforcement, not only are state authorities involved, but also federal officials when the crime involves interstate activity or occurs on U.S. government property, including national parks.

If you or a loved one is being investigated for or charged with a drug-related crime in or around Omaha, contact us at Hug and Jacobs LLC. Our criminal defense lawyers have more than four decades of combined experience and will work collaboratively with you to develop a strategy to arrive at the best possible result.

Helping You Protect Your Future Against Federal Drug Crimes

Authorities at both the state and federal levels police for drug crimes in Nebraska. Possession, use, or distribution of illicit drugs is prohibited by federal law, as are manufacturing, selling and trafficking. The federal code is based on the Controlled Substances Act (CSA), which lists various drugs according to what are called schedules:

  • Schedule I: Heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone and 3,4-methylenedioxymethamphetamine (Ecstasy). Schedule I is considered the most liable for abuse and severe negative consequences.
  • Schedule II (high potential for abuse): 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 (may lead to moderate or low physical dependence): Products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine) and buprenorphine (Suboxone).
  • Schedule IV (low potential for abuse): Alprazolam (Xanax), carisoprodol (Soma), clonazepam (Klonopin), clorazepate (Tranxene), diazepam (Valium), lorazepam (Ativan), midazolam (Versed), temazepam (Restoril) and triazolam (Halcion).
  • Schedule V (potential abuse lower than Schedule IV): Cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC, Phenergan with Codeine) and ezogabine.

Note that many of these substances are available by prescription, but if they are manufactured, sold or distributed outside of pharmaceutical protocol, they can lead to federal charges.

For instance, drug trafficking in substances listed in Schedules I and II (except marijuana) can lead to not less than 5 years in prison and not more than 40 years for a first offense. If someone is seriously injured or dies as a result of the trafficking, the prison term is not less than 20 years, up to life. In addition, a fine of between $5 million and $25 million may be levied.

Drug Charges And Potential Penalties In Nebraska

Nebraska’s drug laws prohibit manufacturing, delivering, dispensing or possessing any substance under the Controlled Substances Act. The penalties for a drug crime hinge on the intention of the person involved and the nature of the controlled substance:

  • Class III misdemeanor: 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.
  • Class II felony: A prohibited act is a Class II felony if the substance is listed in Schedules I, II or III. A Class II felony is punishable by up to 50 years in prison with a one-year minimum mandatory sentence.
  • Class IIA felony: If the substance is listed in the first three schedules, then it is a Class IIA felony. A Class IIA felony is punishable by up to 20 years with no mandatory minimum.
  • Class IIIA felony: It is a Class IIIA felony if the substance is marijuana or is listed in Schedules IV or V. A Class IIIA felony is punishable by a maximum three-year prison term with a maximum of 18 months of supervised release.
  • Class IV felony: Simple possession of any drug except marijuana is a Class IV felony. A Class IV felony can result in a maximum two-year prison term and up to one year of supervised release.

There are also federal consequences for a felony conviction, including losing gun ownership rights.

The Importance Of A Nebraska Criminal Defense Attorney

The moment you’re taken in for questioning, you need to begin your defense. The best way to begin is by heeding your Fifth Amendment right to remain silent and exercising your Sixth Amendment right to be represented by a criminal defense attorney. Don’t answer questions until you’ve contacted us, and we can advise and represent you.

Schedule A Free Consultation With A Nebraska Drug Crimes Lawyer

If a drug charge is looming, reach out immediately to our legal team at Hug and Jacobs LLC. Let’s work together to develop a strategy that leads to results. Please call us for a free consultation at +1-402-513-7170 or send us an email.