reglab/housing_qa huggingface dataset:
NE Code § 28-427 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-427 - Additional penalties.

28-427.  Additional penalties.Any penalty imposed for violation of the Uniform Controlled Substances Act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. A conviction or acquittal under federal law or the law of another state having a substantially similar law shall be a bar to prosecution in this state for the same act. If any person is convicted for violation of the Uniform Controlled Substances Act, in addition to any penalty imposed by the court, the court may order that such person make restitution to any law enforcement agency for reasonable expenditures made in the purchase of any controlled substances from such person or his or her agent as part of the investigation leading to such conviction.Source   Laws 1977, LB 38, § 87;  Laws 2001, LB 113, § 13. Annotations  The plain and ordinary meaning of the words "as part of the investigation leading to such conviction" limits the amount of restitution ordered to the reasonable law enforcement expenses incurred in connection with the purchase of the controlled substance for the sale of which the defendant was convicted. State v. Rios, 237 Neb. 232, 465 N.W.2d 611 (1991). An order of restitution under this section can be made at the time of sentencing, but there is no statutory requirement that it be made at that time. State v. Holmes, 221 Neb. 629, 379 N.W.2d 765 (1986). Restitution imposed under this section is not a criminal penalty to be imposed as punishment for the crime, but is in the nature of a civil or administrative penalty or sanction. State v. Holmes, 221 Neb. 629, 379 N.W.2d 765 (1986). Restitution imposed under this section is not a part of the sentence; therefore, the trial court had jurisdiction to make an order of restitution after sentencing. State v. Holmes, 221 Neb. 629, 379 N.W.2d 765 (1986). The heading, or catchline, is supplied in the compilation of the statutes and does not constitute any part of the law. State v. Holmes, 221 Neb. 629, 379 N.W.2d 765 (1986). A defendant may be ordered to make restitution for law enforcement expenses incurred during controlled buys that were part of the investigation leading to a conviction arising from a subsequent controlled buy. State v. Thomas, 6 Neb. App. 510, 574 N.W.2d 542 (1998).
NE Code § 28-430 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-430 - Department; enforce act; powers.

28-430.  Department; enforce act; powers.The department shall enforce the Uniform Controlled Substances Act and shall cooperate with federal agencies, the Division of Drug Control, and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it is authorized to: (1) Arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances; (2) cooperate with the Drug Enforcement Administration and the Federal Bureau of Investigation; (3) do drug accountability audits of all registered practitioners in accordance with the act; (4) provide laboratory analysis; (5) provide drug abuse education to schools, courts, and persons requesting it; and (6) rely on results, information, and evidence received from the Drug Enforcement Administration and the Federal Bureau of Investigation relating to the regulatory functions of the act, including results of inspections conducted by that agency, which may be acted upon by the department and the Division of Drug Control in the performance of their regulatory functions under the act.Source   Laws 1977, LB 38, § 90;   Laws 1984, LB 403, § 1;   Laws 1997, LB 307, § 10.
NE Code § 28-432 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-432 - Complaint, pleading, or proceeding; burden of proof.

28-432.  Complaint, pleading, or proceeding; burden of proof.(1) It shall not be necessary for the state to negate any exemption or exception set forth in the Uniform Controlled Substances Act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under the provisions of the act, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.(2) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the Uniform Controlled Substances Act, the person shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him or her to rebut such presumption.Source   Laws 1977, LB 38, § 92;  Laws 2001, LB 113, § 14.  Annotations A party claiming that the sale of a controlled substance was exempt has the burden of proof that an exemption was applicable. State v. Taylor, 221 Neb. 114, 375 N.W.2d 610 (1985).
NE Code § 28-433 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-433 - Appeal; procedure.

28-433.  Appeal; procedure.All final determinations, findings, and conclusions of the department under the Uniform Controlled Substances Act shall be final and conclusive decisions of the matters involved, except that any person aggrieved by such decision may appeal the decision, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1977, LB 38, § 93;   Laws 1988, LB 352, § 27;  Laws 2001, LB 113, § 15.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 28-435 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-435 - Licensee; reporting and investigation duties.

28-435.  Licensee; reporting and investigation duties.Every licensee subject to the Uniform Controlled Substances Act shall be subject to and comply with sections 38-1,124 to 38-1,126 relating to reporting and investigations.Source Laws 2007, LB463, § 1123.
NE Code § 28-435.02 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-435.02 - Insurer; duty to report violations.

28-435.02.  Insurer; duty to report violations.(1) Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed on January 1, 2007:(a) Any insurer having knowledge of any violation of any provision of the Uniform Controlled Substances Act governing the profession of the person being reported whether or not such person is licensed shall report the facts of such violation as known to such insurer to the department; and(b) All insurers shall cooperate with the department and provide such information as requested by the department concerning any possible violations by any person required to be licensed whether or not such person is licensed.(2) Such reporting shall be done on a form and in the manner specified pursuant to sections 38-1,130 and 38-1,131. Such reports shall be subject to sections 38-1,132 to 38-1,136.Source Laws 2007, LB463, § 1125.
NE Code § 28-435.03 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-435.03 - Clerk of county or district court; report convictions and judgments; Attorney General or city or county prosecutor; provide information.

28-435.03.  Clerk of county or district court; report convictions and judgments; Attorney General or city or county prosecutor; provide information.The clerk of any county or district court in this state shall report to the department the conviction of any person licensed by the department under the Uniform Controlled Substances Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dispensing of a controlled substance, alcohol or chemical impairment, or substance abuse and shall also report a judgment against any such licensee arising out of a claim of professional liability. The Attorney General or city or county prosecutor prosecuting any such criminal action and plaintiff in any such civil action shall provide the court with information concerning the license of the defendant or party. Notice to the department shall be filed within thirty days after the date of conviction or judgment in a manner agreed to by the Director of Public Health of the Division of Public Health and the State Court Administrator.Source Laws 2007, LB463, § 1126.
NE Code § 28-437 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-437 - Uniformity of interpretation.

28-437.  Uniformity of interpretation.The Uniform Controlled Substances Act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of the act among those states which enact it.Source   Laws 1977, LB 38, § 97;  Laws 2001, LB 113, § 16.
NE Code § 28-438 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-438 - Transferred to section 28-401.01.

28-438.  Transferred to section 28-401.01.
NE Code § 28-439 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-439 - Drug paraphernalia, defined; enumerated.

28-439.  Drug paraphernalia, defined; enumerated.As used in sections 28-101, 28-431, and 28-439 to 28-444, unless the context otherwise requires, drug paraphernalia shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444 or the Uniform Controlled Substances Act. It shall include, but not be limited to, the following:(1) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;(2) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;(3) Hypodermic syringes, needles, and other objects used, intended for use, and designed for use in parenterally injecting controlled substances into the human body; and(4) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, which shall include but not be limited to the following:(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;(b) Water pipes;(c) Carburetion tubes and devices;(d) Smoking and carburetion masks;(e) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, which has become too small or too short to be held in the hand;(f) Miniature cocaine spoons, and cocaine vials;(g) Chamber pipes;(h) Carburetor pipes;(i) Electric pipes;(j) Air-driven pipes;(k) Chillums;(l) Bongs; and(m) Ice pipes or chillers.Source  Laws 1980, LB 991, § 1. Annotations  Neither Fourth Amendment rights nor privacy rights are implicated in "drug paraphernalia" statutes, and thus, strict scrutiny standard of review is inapplicable to constitutional challenge. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981). Use of term "designed" does not refer to physical attributes of object but to intent of person charged with violation, and thus does not render statute unconstitutionally vague. List of items exemplary of drug paraphernalia is not vague and overbroad on ground that it includes numerous innocent items, where no item is drug paraphernalia absent requisite intent to use it with controlled substances. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981).
NE Code § 28-441 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-441 - Drug paraphernalia; use or possession; unlawful; penalty.

28-441.  Drug paraphernalia; use or possession; unlawful; penalty.(1) It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444.(2) Any person who violates this section shall be guilty of an infraction.(3) A person shall not be in violation of this section if section 28-472 applies.Source   Laws 1980, LB 991, § 3;  Laws 2017, LB487, § 7.  Annotations  Evidence that defendant invited police to her motel room and let them in, wherein police found two syringes, cigarette papers, and a small plastic spoon in close proximity to cocaine and marijuana, was sufficient to sustain convictions for possession of drug paraphernalia. State v. Garza, 239 Neb. 98, 474 N.W.2d 246 (1991). Possession of drug paraphernalia is an infraction. State v. Petersen, 12 Neb. App. 445, 676 N.W.2d 65 (2004). Where statute includes requirement of intent in definition of drug paraphernalia and enumerates factors which officer has to consider in determining whether object is drug paraphernalia, statute does not alter requirement that searches and seizures be based on probable cause and is thus not violative of Fourth Amendment. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981).
NE Code § 28-442 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-442 - Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty.

28-442.  Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty.(1) It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances in which one reasonably should know, that it will be used to manufacture, inject, ingest, or inhale or otherwise be used to introduce into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444.(2) This section shall not apply to pharmacists, pharmacist interns, pharmacy technicians, and pharmacy clerks who sell hypodermic syringes or needles for the prevention of the spread of infectious diseases.(3) Any person who violates this section shall be guilty of a Class II misdemeanor.Source   Laws 1980, LB 991, § 4;  Laws 2001, LB 398, § 18;  Laws 2017, LB166, § 6.  Annotations  Sections of drug paraphernalia statute making it unlawful to deliver, possess with intent to deliver, manufacture with intent to deliver, or advertise drug paraphernalia in circumstances where one knows or "reasonably should know" that items will be used with drugs or that purpose of advertisement is to promote sale of drug paraphernalia are not unconstitutional on ground that they would permit conviction under impermissibly vague negligence standard and would leave innocent sellers in untenable posture of trying to divine intentions of their buyers where, under sections, seller has to already have intended that item be sold for drug use before his knowledge of its use by a buyer came into play. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981). Where statute includes requirement of intent in definition of drug paraphernalia and enumerates factors which officer has to consider in determining whether object is drug paraphernalia, statute does not alter requirement that searches and seizures be based on probable cause and is thus not violative of Fourth Amendment. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981).
NE Code § 28-443 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-443 - Delivery of drug paraphernalia to a minor; penalty.

28-443.  Delivery of drug paraphernalia to a minor; penalty.Any person eighteen years of age or older who violates section 28-442 by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior shall be guilty of a Class I misdemeanor.Source  Laws 1980, LB 991, § 5.
NE Code § 28-444 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-444 - Advertisement of drug paraphernalia; unlawful; penalty.

28-444.  Advertisement of drug paraphernalia; unlawful; penalty.(1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.(2) Any person who violates this section shall be guilty of a Class III misdemeanor.Source  Laws 1980, LB 991, § 6. Annotations  Sections of drug paraphernalia statute making it unlawful to deliver, possess with intent to deliver, manufacture with intent to deliver, or advertise drug paraphernalia in circumstances where one knows or "reasonably should know" that items will be used with drugs or that purpose of advertisement is to promote sale of drug paraphernalia are not unconstitutional on ground that they would permit conviction under impermissibly vague negligence standard and would leave innocent sellers in untenable posture of trying to divine intentions of their buyers where, under sections, seller has to already have intended that item be sold for drug use before his knowledge of its use by a buyer came into play. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981). The prohibition of advertising that promotes, in whole or in part, sale of objects designed or intended for use as drug paraphernalia regulates commercial speech in its narrowest sense, i.e., speech which proposes a commercial transaction and which is entitled to lesser protection than other constitutionally guaranteed expression where statute facially does not reach speech which merely glorifies drug culture without direct invitation to purchase specific items. Advertising promoting sale of drug paraphernalia encourages activities which are otherwise crimes under Nebraska law and is thus analogous to advertisements promoting sale of narcotics or soliciting prostitution and can constitutionally be prohibited. Although this statute prohibits advertisements that "only in part" have purpose of promoting sale of drug paraphernalia, court of appeals is obliged to presume legislative intent to act within constitutional bounds, and thus, under statute, where drug paraphernalia is advertised along with innocent items, statute forbids only that part of the advertisement relating to drug paraphernalia and remainder of advertisement is not condemned. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981).
NE Code § 28-445 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-445 - Imitation controlled substance; prohibited acts; determination; penalties; seizure.

28-445.  Imitation controlled substance; prohibited acts; determination; penalties; seizure.(1) Any person who knowingly and intentionally manufactures, distributes, delivers, or possesses with intent to distribute or deliver an imitation controlled substance shall:(a) For the first offense, be guilty of a Class III misdemeanor; and(b) For the second and all subsequent offenses, be guilty of a Class II misdemeanor.(2) In determining whether a substance is an imitation controlled substance the court or other authority concerned shall consider all relevant factors, including, but not limited to, the following:(a) Whether the substance is represented as having an effect similar to or the same as an illicit controlled substance;(b) Whether the substance is represented by way of terminology which is deceptively similar to or the same as that describing a particular controlled substance;(c) Whether the dosage unit price substantially exceeds the reasonable price of a similar dosage unit of like chemical composition sold over the counter;(d) Whether the substance was approved by the federal Food and Drug Administration for over-the-counter sales and contained the packaging and labeling information approved by the federal Food and Drug Administration;(e) Whether the substance is packaged in a manner and quantity similar to or the same as that commonly used for illicit controlled substances;(f) Whether the dosage unit appearance of the substance is deceptively similar to that of a particular controlled substance;(g) Whether the substance is distributed to persons who represent it as a controlled substance or controlled substance analogue, under circumstances which indicate the distributor knows, intends, or should know that his or her distributee is making or will make such representations; and(h) Whether the person in possession or control of the substance utilized deception, fraud, or evasive tactics or actions to prevent the seizure, discovery, or detection of the substance by law enforcement.(3) Any substance possessed, distributed, or delivered in violation of this section shall be subject to seizure and forfeiture as provided in section 28-431.Source   Laws 1985, LB 406, § 5;  Laws 2014, LB811, § 16.
NE Code § 28-449 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-449 - Crystalline iodine; sale; requirements.

28-449.  Crystalline iodine; sale; requirements.Any person who sells crystalline iodine to another person shall require photo identification of the purchaser and shall maintain a written record for a period of five years after the sale, including the date of the sale, the name, address, and date of birth of the purchaser, and the quantity purchased.Source Laws 2001, LB 113, § 2.
NE Code § 28-450 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-450 - Ephedrine, pseudoephedrine, or phenylpropanolamine; immediate precursor; prohibited acts; violation; penalty.

28-450.  Ephedrine, pseudoephedrine, or phenylpropanolamine; immediate precursor; prohibited acts; violation; penalty.No person shall sell, distribute, or otherwise transfer any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the person knows that the transferee will use the drug product as an immediate precursor to any controlled substance. No person shall unlawfully sell, distribute, or otherwise transfer such a product with reckless disregard as to how the drug product will be used. Any person who violates this section is guilty of a Class III misdemeanor.Source  Laws 2001, LB 113, § 3;  Laws 2005, LB 117, § 4.
NE Code § 28-451 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-451 - Anhydrous ammonia; possession; penalty.

28-451.  Anhydrous ammonia; possession; penalty.No person shall possess anhydrous ammonia with the intent to manufacture methamphetamine. Any person who violates this section is guilty of a Class IV felony.Source Laws 2001, LB 113, § 4.
NE Code § 28-452 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-452 - Ephedrine, pseudoephedrine, or phenylpropanolamine; possession; penalty.

28-452.  Ephedrine, pseudoephedrine, or phenylpropanolamine; possession; penalty.No person shall possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to manufacture methamphetamine. Any person who violates this section is guilty of a Class IV felony.Source Laws 2001, LB 113, § 5.
NE Code § 28-453 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-453 - Methamphetamine; retailer education program.

28-453.  Methamphetamine; retailer education program.The Nebraska State Patrol may develop and maintain a program to inform retailers about illicit methamphetamine production, distribution, and use in Nebraska and devise procedures and forms for retailers to use in reporting to the patrol suspicious purchases, thefts, or other transactions involving any products under the retailers' control which contain ephedrine, pseudoephedrine, phenylpropanolamine, or ephedra. Reporting under this section shall be voluntary. Retailers reporting information to the patrol in good faith shall be immune from civil liability.Source Laws 2001, LB 113, § 6.