reglab/statecodes huggingface dataset:
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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 or 28-1701 applies.
Source
Laws 1980, LB 991, § 3;
Laws 2017, LB487, § 7;
Laws 2022, LB519, § 5.
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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-455 - Methamphetamine Awareness and Education Fund; created; use; investment.

28-455.
Methamphetamine Awareness and Education Fund; created; use; investment.
The Methamphetamine Awareness and Education Fund is created. The Nebraska Commission on Law Enforcement and Criminal Justice shall use the fund to support projects relating to educating retailers and the public on the dangers of methamphetamine. The commission may accept contributions, gifts, grants, and bequests for such purposes and remit them to the State Treasurer for credit to the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2001, LB 113, § 8.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-456 - Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement.

28-456.
Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement.
(1) Any drug products containing phenylpropanolamine, pseudoephedrine, or their salts, optical isomers, or salts of such optical isomers may be sold without a prescription only if they are:
(a) Labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph;
(b) Manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse;
(c) Packaged as follows:
(i) Except for liquids, sold in package sizes of not more than three and six-tenths grams of pseudoephedrine base or three and six-tenths grams of phenylpropanolamine base, in blister packs, each blister containing not more than two dosage units, or if the use of blister packs is technically infeasible, in unit dose packets or pouches; and
(ii) For liquids, sold in package sizes of not more than three and six-tenths grams of pseudoephedrine base or three and six-tenths grams of phenylpropanolamine base;
(d) Sold by a person, eighteen years of age or older, in the course of his or her employment to a customer, eighteen years of age or older, with the following restrictions:
(i) No customer shall be allowed to purchase, receive, or otherwise acquire more than three and six-tenths grams of pseudoephedrine base or three and six-tenths grams of phenylpropanolamine base during a twenty-four-hour period;
(ii) No customer shall purchase, receive, or otherwise acquire more than nine grams of pseudoephedrine base or nine grams of phenylpropanolamine base during a thirty-day period; and
(iii) The customer shall display a valid driver's or operator's license, a Nebraska state identification card, a military identification card, an alien registration card, or a passport as proof of identification; and
(e) Stored behind a counter, in an area not accessible to customers, or in a locked case so that a customer needs assistance from an employee to access the drug product.
(2) Any person who sells drug products in violation of this section may be subject to a civil penalty of fifty dollars per day, and for a second or any subsequent violation, the penalty may be one hundred dollars per day. Any such drug products shall be seized and destroyed upon the finding of a violation of this section. The department, in conjunction with the Attorney General, the Nebraska State Patrol, and local law enforcement agencies, shall have authority to make inspections and investigations to enforce this section. In addition, the department may seek injunctive relief for suspected violations of this section.
Source
Laws 2001, LB 113, § 9;
Laws 2005, LB 117, § 5;
Laws 2007, LB218, § 1;
Laws 2007, LB296, § 36;
Laws 2009, LB151, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-456.01 - Pseudoephedrine or phenylpropanolamine; limitation on acquisition; violation; penalty.

28-456.01.
Pseudoephedrine or phenylpropanolamine; limitation on acquisition; violation; penalty.
(1) No person shall purchase, receive, or otherwise acquire, other than wholesale acquisition by a retail business in the normal course of its trade or business, any drug product containing more than three and six-tenths grams of pseudoephedrine base or three and six-tenths grams of phenylpropanolamine base during a twenty-four-hour period unless purchased pursuant to a medical order. Any person who violates this section shall be guilty of a Class IV misdemeanor for the first offense and a Class III misdemeanor for each subsequent offense.
(2) No person shall purchase, receive, or otherwise acquire, other than wholesale acquisition by a retail business in the normal course of its trade or business, any drug product containing more than nine grams of pseudoephedrine base or nine grams of phenylpropanolamine base during a thirty-day period unless purchased pursuant to a medical order. Any person who violates this section shall be guilty of a Class IV misdemeanor for the first offense and a Class III misdemeanor for each subsequent offense.
Source
Laws 2005, LB 117, § 6;
Laws 2009, LB151, § 3;
Laws 2011, LB20, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-457 - Methamphetamine; prohibited acts; violation; penalties.

28-457.
Methamphetamine; prohibited acts; violation; penalties.
(1) For purposes of this section:
(a) Bodily injury has the same meaning as in section 28-109;
(b) Chemical substance means a substance intended to be used as an immediate precursor or reagent in the manufacture of methamphetamine or any other chemical intended to be used in the manufacture of methamphetamine. Intent for purposes of this subdivision may be demonstrated by the substance's use, quantity, manner of storage, or proximity to other precursors or manufacturing equipment;
(c) Child means a person under the age of nineteen years;
(d) Methamphetamine means methamphetamine, its salts, optical isomers, and salts of its isomers;
(e) Paraphernalia means 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 methamphetamine into the human body;
(f) Prescription has the same meaning as in section 28-401;
(g) Serious bodily injury has the same meaning as in section 28-109; and
(h) Vulnerable adult has the same meaning as in section 28-371.
(2) Any person who knowingly or intentionally causes or permits a child or vulnerable adult to inhale or have contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a Class I misdemeanor. For any second or subsequent conviction under this subsection, any person so offending is guilty of a Class IV felony.
(3) Any person who knowingly or intentionally causes or permits a child or vulnerable adult to ingest methamphetamine, a chemical substance, or paraphernalia is guilty of a Class I misdemeanor. For any second or subsequent conviction under this subsection, any person so offending shall be guilty of a Class IIIA felony.
(4) Any child or vulnerable adult who resides with a person violating subsection (2) or (3) of this section shall be taken into protective custody as provided in the Adult Protective Services Act or the Nebraska Juvenile Code.
(5) Any person who violates subsection (2) or (3) of this section and a child or vulnerable adult actually suffers serious bodily injury by ingestion of, inhalation of, or contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a Class IIIA felony unless the ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a Class IB felony.
(6) It is an affirmative defense to a violation of this section that the chemical substance was provided by lawful prescription for the child or vulnerable adult and that it was administered to the child or vulnerable adult in accordance with the prescription instructions provided with the chemical substance.
Source
Laws 2003, LB 43, § 9.
Cross References
Adult Protective Services Act, see section 28-348.
Nebraska Juvenile Code, see section 43-2,129.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-458 - Methamphetamine precursor; terms, defined.

28-458.
Methamphetamine precursor; terms, defined.
For purposes of sections 28-458 to 28-462:
(1) Exchange means the National Precursor Log Exchange administered by the National Association of Drug Diversion Investigators;
(2) Methamphetamine precursor means any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is required to be documented pursuant to the logbook requirements of 21 U.S.C. 830;
(3) Seller means any person who lawfully sells a methamphetamine precursor pursuant to subdivision (1)(d) of section 28-456 or his or her employer; and
(4) Stop-sale alert means a notification sent to a seller indicating that the completion of a methamphetamine precursor sale would result in a violation of subdivision (1)(d)(i) or (ii) of section 28-456.
Source
Laws 2011, LB20, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-459 - Methamphetamine precursor; seller; duties; waiver authorized.

28-459.
Methamphetamine precursor; seller; duties; waiver authorized.
(1) Beginning January 1, 2012, each seller shall, before completing a sale of a methamphetamine precursor, electronically submit required information to the exchange, if the exchange is available to sellers. Required information shall include, but not be limited to:
(a) The name, age, and address of the person purchasing, receiving, or otherwise acquiring the methamphetamine precursor;
(b) The name of the product and quantity of product purchased;
(c) The date and time of the purchase;
(d) The name or initials of the seller who sold the product; and
(e) The type of identification presented by the customer, the governmental entity that issued the identification, and the number on the identification.
(2) If a seller experiences mechanical or electronic failure of the electronic logging equipment on the sales end of the transaction or a failure of the exchange and is unable to comply with subsection (1) of this section, the seller shall maintain a written log or an alternative electronic record-keeping mechanism or may refrain from selling any methamphetamine precursor until such time as the seller is able to comply with subsection (1) of this section.
(3) The Attorney General may grant a waiver exempting a seller from compliance with subsection (1) of this section upon a showing of good cause by the seller that he or she is otherwise unable to submit log information by electronic means, including, but not limited to, any financial, technological, or other reason which would place an undue burden on the seller, as established by the Attorney General.
(4) Whenever the exchange generates a stop-sale alert, the seller shall not complete the sale unless the seller has a reasonable fear of imminent bodily harm if he or she does not complete the sale. The exchange shall contain an override function to the stop-sale alert for the seller to use in a situation in which a reasonable fear of imminent bodily harm is present.
(5) This section does not apply if a lawful prescription for the methamphetamine precursor is presented to a pharmacist licensed under the Uniform Credentialing Act.
Source
Laws 2011, LB20, § 4.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-460 - Methamphetamine precursor; access to exchange to law enforcement.

28-460.
Methamphetamine precursor; access to exchange to law enforcement.
As a condition of use in Nebraska, the National Association of Drug Diversion Investigators shall provide real-time access to the exchange through its online portal to law enforcement in this state as authorized by the Attorney General and no fee or charge shall be imposed on a seller for the use of the exchange.
Source
Laws 2011, LB20, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-461 - Methamphetamine precursor; seller; immunity.

28-461.
Methamphetamine precursor; seller; immunity.
A seller utilizing in good faith sections 28-458 to 28-462 shall be immune from any civil cause of action based upon an act or omission in carrying out such sections.
Source
Laws 2011, LB20, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-462 - Methamphetamine precursor; prohibited acts; penalty.

28-462.
Methamphetamine precursor; prohibited acts; penalty.
Beginning January 1, 2013, a seller that knowingly fails to submit methamphetamine precursor information to the exchange as required by sections 28-458 to 28-462 or knowingly submits incorrect information to the exchange shall be guilty of a Class IV misdemeanor.
Source
Laws 2011, LB20, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-463 - Cannabidiol; terms, defined; legislative findings.

28-463.
Cannabidiol; terms, defined; legislative findings.
(1) For purposes of sections 28-463 to 28-468:
(a) Cannabidiol means processed cannabis plant extract, oil, or resin that contains more than ten percent cannabidiol by weight, but not more than three-tenths of one percent tetrahydrocannabinols by weight, and delivered in the form of a liquid or solid dosage form; and
(b) Intractable seizures means intractable, catastrophic genetic, or metabolic epilepsies; Lennox-Gastaut Syndrome; epilepsies consisting of drop seizures at risk for significant bodily injury; or cluster seizures that result in significant life-threatening apnea after the trial and failure of at least three antiepileptic therapies that directly address the epilepsy in question.
(2) The Legislature finds:
(a) There are individuals in Nebraska who suffer from intractable seizures and treatment resistant seizures for which currently available treatment options have been ineffective. Cannabidiol shows promise in treating individuals with intractable seizures and treatment resistant seizures; and
(b) Additional study of cannabidiol for the treatment of intractable seizures and treatment resistant seizures should be undertaken.
(3) The purpose of sections 28-463 to 28-468 is to permit medical professionals to conduct limited-scope, evidence-based studies exploring the safety and efficacy of treating intractable seizures and treatment resistant seizures using cannabidiol.
Source
Laws 2015, LB390, § 5.
Termination Date: October 1, 2019
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-464 - Medical Cannabidiol Pilot Study; University of Nebraska and Nebraska Medicine; authority to produce or possess cannabidiol; patient; eligibility.

28-464.
Medical Cannabidiol Pilot Study; University of Nebraska and Nebraska Medicine; authority to produce or possess cannabidiol; patient; eligibility.
(1) The University of Nebraska and Nebraska Medicine shall be the only entities in this state authorized to produce or possess cannabidiol for research for purposes of the Medical Cannabidiol Pilot Study.
(2) Cannabidiol shall be obtained from or tested at the University of Nebraska Medical Center and dispensed by the Nebraska Medicine Research Pharmacy.
(3) Cannabidiol may only be obtained by patients with intractable seizures and treatment resistant seizures and on the order of a physician who is licensed to practice medicine and surgery in Nebraska and designated as a medical provider under section 28-465 and administered to a patient by or under the direction or supervision of such medical provider participating in the Medical Cannabidiol Pilot Study.
Source
Laws 2015, LB390, § 6.
Termination Date: October 1, 2019
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-466 - University of Nebraska Medical Center and Nebraska Medicine; duties; powers.

28-466.
University of Nebraska Medical Center and Nebraska Medicine; duties; powers.
(1) The University of Nebraska Medical Center and Nebraska Medicine, when using cannabidiol for research, shall comply with the Uniform Controlled Substances Act regarding possession of controlled substances, record-keeping requirements relative to the dispensing, use, or administration of controlled substances, and inventory requirements, as applicable.
(2) The University of Nebraska Medical Center and Nebraska Medicine are authorized to pursue any federal permits or waivers necessary to conduct the activities authorized under sections 28-463 to 28-468.
Source
Laws 2015, LB390, § 8.
Termination Date: October 1, 2019
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-467 - Prosecution for unlawful possession of marijuana; defense; restrictions on certain actions.

28-467.
Prosecution for unlawful possession of marijuana; defense; restrictions on certain actions.
(1) In a prosecution for the unlawful possession of marijuana under the Uniform Controlled Substances Act, it is an affirmative and complete defense to prosecution that:
(a) The defendant suffered from intractable seizures and the use or possession of cannabidiol was pursuant to the order of a physician designated as a medical provider under section 28-465; or
(b) The defendant is the parent or legal guardian of an individual who suffers from intractable seizures and the use or possession of cannabidiol was pursuant to the order of a physician designated as a medical provider under section 28-465.
(2) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from a home based solely upon the possession or use of cannabidiol by the child or possession of cannabidiol by a parent or legal guardian for use by the child as authorized under sections 28-463 to 28-468.
(3) An employee of the state or any division, agency, or institution thereof or any employee of Nebraska Medicine involved in the research, ordering, dispensing, and administration of cannabidiol under sections 28-463 to 28-468, including its cultivation and processing, shall not be subject to prosecution for unlawful possession, use, distribution, or dispensing of marijuana under the Uniform Controlled Substances Act for activities arising from or related to the use of cannabidiol in the treatment of individuals diagnosed with intractable seizures or treatment resistant seizures.
Source
Laws 2015, LB390, § 9.
Termination Date: October 1, 2019
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-468 - Report; contents.

28-468.
Report; contents.
The University of Nebraska Medical Center shall submit a report electronically to the chairperson of the Judiciary Committee of the Legislature, the chairperson of the Health and Human Services Committee of the Legislature, and the Clerk of the Legislature on or before September 15, 2016, and each September 15 thereafter, containing the following performance measures:
(1) The number of patients enrolled in the Medical Cannabidiol Pilot Study, including the number of patients under nineteen years of age;
(2) The number of patients previously enrolled in the pilot study and no longer receiving treatment under the pilot study;
(3) Any changes in intractable seizure or treatment resistant seizure frequency and severity;
(4) Any relevant or related adverse health outcomes for patients; and
(5) A summary of findings concerning appropriate dosing.
Source
Laws 2015, LB390, § 10.
Termination Date: October 1, 2019
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-471 - Lookalike substance; prohibited acts; penalty.

28-471.
Lookalike substance; prohibited acts; penalty.
(1) A person shall not offer, display, market, advertise for sale, or sell a lookalike substance. A violation of this section shall be deemed to have occurred if a person knowingly offers, displays, markets, advertises for sale, or sells a lookalike substance and the packaging containing such substance bears a label or marking which:
(a) Is false, misleading, or incomplete;
(b) Does not specifically identify all chemicals or chemical compounds contained on or in the substance or product inside the packaging; or
(c) Does not specifically identify the name and place of business of the manufacturer, packer, or distributor of the product or substance contained inside the packaging.
(2) Any person who violates this section is guilty of a Class IV felony. The penalty for a violation of this section shall be in addition to any other applicable criminal offenses or penalties or civil remedies or penalties.
(3) This section shall not apply to lookalike substances intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs if the drug is plainly labeled for investigational use only and the investigational use is authorized by state or federal law.
Source
Laws 2016, LB1009, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-472 - Drug overdose; exception from criminal liability; conditions.

28-472.
Drug overdose; exception from criminal liability; conditions.
(1) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if:
(a) Such person made a good faith request for emergency medical assistance in response to a drug overdose of himself, herself, or another;
(b) Such person made a request for medical assistance as soon as the drug overdose was apparent;
(c) The evidence for the violation of section 28-441 or subsection (3) of section 28-416 was obtained as a result of the drug overdose and the request for medical assistance; and
(d) When emergency medical assistance was requested for the drug overdose of another person:
(i) Such requesting person remained on the scene until medical assistance or law enforcement personnel arrived; and
(ii) Such requesting person cooperated with medical assistance and law enforcement personnel.
(2) The exception from criminal liability provided in subsection (1) of this section applies to any person who makes a request for emergency medical assistance and complies with the requirements of subsection (1) of this section.
(3) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if such person was experiencing a drug overdose and the evidence for such violation was obtained as a result of the drug overdose and a request for medical assistance by another person made in compliance with subsection (1) of this section.
(4) A person shall not initiate or maintain an action against a peace officer or the state agency or political subdivision employing such officer based on the officer's compliance with subsections (1) through (3) of this section.
(5) Nothing in this section shall be interpreted to interfere with or prohibit the investigation, arrest, or prosecution of any person for, or affect the admissibility or use of evidence in, cases involving:
(a) Drug-induced homicide;
(b) Except as provided in subsections (1) through (3) of this section, violations of section 28-441 or subsection (3) of section 28-416; or
(c) Any other criminal offense.
(6) As used in this section, drug overdose means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance or the consumption or use of another substance with which a controlled substance was combined and which condition a layperson would reasonably believe requires emergency medical assistance.
Source
Laws 2017, LB487, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-475 - Opiates; receipt; identification required.

28-475.
Opiates; receipt; identification required.
(1) Unless the individual taking receipt of dispensed opiates listed in Schedule II, III, or IV of section 28-405 is personally and positively known to the pharmacist or dispensing practitioner, the individual shall display a valid driver's or operator's license, a state identification card, a military identification card, an alien registration card, or a passport as proof of identification.
(2) This section does not apply to a patient who is a resident of a health care facility licensed pursuant to the Health Care Facility Licensure Act.
Source
Laws 2018, LB931, § 5.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-501 - Building, defined.

28-501.
Building, defined.
As used in this article, unless the context otherwise requires, building shall mean a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes ships, trailers, sleeping cars, aircraft, or other vehicles or places adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present. If a building is divided into units for separate occupancy, any unit not occupied by the defendant is a building of another.
Source
Laws 1977, LB 38, § 100.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-502 - Arson, first degree; penalty.

28-502.
Arson, first degree; penalty.
(1) A person commits arson in the first degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion when another person is present in the building at the time and either (a) the actor knows that fact, or (b) the circumstances are such as to render the presence of a person therein a reasonable probability.
(2) A person commits arson in the first degree if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felony criminal mischief when another person is present in the building at the time and either (a) the actor knows that fact, or (b) the circumstances are such as to render the presence of a person therein a reasonable probability.
(3) Arson in the first degree is a Class II felony.
Source
Laws 1977, LB 38, § 101;
Laws 1981, LB 83, § 1;
Laws 2010, LB712, § 8.
Annotations
The crime of arson in the first degree requires that some damage occur to a building as a result of a fire ignited when someone is present in the building. Ignition of the building is not required. State v. Hohnstein, 213 Neb. 296, 328 N.W.2d 777 (1983).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-503 - Arson, second degree; penalty.

28-503.
Arson, second degree; penalty.
(1) A person commits arson in the second degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion or if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felony criminal mischief.
(2) The following affirmative defenses may be introduced into evidence upon prosecution for a violation of this section:
(a) No person other than the accused has a security or proprietary interest in the damaged building, or, if other persons have such interests, all of them consented to his or her conduct; or
(b) The accused's sole intent was to destroy or damage the building for a lawful and proper purpose.
(3) Arson in the second degree is a Class III felony.
Source
Laws 1977, LB 38, § 102;
Laws 1981, LB 83, § 2;
Laws 2010, LB712, § 9.
Annotations
To sustain a conviction for arson, it is necessary that the evidence disclose the burning of the property as charged and that the burning was caused by the willful act of some person criminally responsible beyond a reasonable doubt. State v. Workman, 213 Neb. 479, 329 N.W.2d 571 (1983).