reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,106 - Abortion; performance; restrictions.

28-3,106.
Abortion; performance; restrictions.
No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman's unborn child is twenty or more weeks unless, in reasonable medical judgment (1) she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function or (2) it is necessary to preserve the life of an unborn child. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function. In such a case, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than would another available method. No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function.
Source
Laws 2010, LB1103, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,108 - Prohibited abortion; penalty.

28-3,108.
Prohibited abortion; penalty.
Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of section 28-3,106 is guilty of a Class IV felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.
Source
Laws 2010, LB1103, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,109 - Action for damages; action for injunctive relief; attorney's fees.

28-3,109.
Action for damages; action for injunctive relief; attorney's fees.
(1) Any woman upon whom an abortion has been performed in violation of the Pain-Capable Unborn Child Protection Act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the Pain-Capable Unborn Child Protection Act for actual damages. Any woman upon whom an abortion has been attempted in violation of the Pain-Capable Unborn Child Protection Act may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the Pain-Capable Unborn Child Protection Act for actual damages.
(2) A cause of action for injunctive relief against any person who has intentionally violated the Pain-Capable Unborn Child Protection Act may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the Pain-Capable Unborn Child Protection Act, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the Pain-Capable Unborn Child Protection Act, by a county attorney with appropriate jurisdiction, or by the Attorney General. The injunction shall prevent the abortion provider from performing further abortions in violation of the Pain-Capable Unborn Child Protection Act in this state.
(3) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for reasonable attorney's fees in favor of the plaintiff against the defendant.
(4) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.
(5) No damages or attorney's fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except as provided in subsection (4) of this section.
Source
Laws 2010, LB1103, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,110 - Anonymity; court orders authorized.

28-3,110.
Anonymity; court orders authorized.
In every civil or criminal proceeding or action brought under the Pain-Capable Unborn Child Protection Act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under section 28-3,109 shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Source
Laws 2010, LB1103, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-3,111 - Severability.

28-3,111.
Severability.
If any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of the Pain-Capable Unborn Child Protection Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of the Pain-Capable Unborn Child Protection Act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed the Pain-Capable Unborn Child Protection Act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of the Pain-Capable Unborn Child Protection Act, or the application of the Pain-Capable Unborn Child Protection Act, would be declared unconstitutional.
Source
Laws 2010, LB1103, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-401.01 - Act, how cited.

28-401.01.
Act, how cited.
Sections 28-401 to 28-456.01 and 28-458 to 28-476 shall be known and may be cited as the Uniform Controlled Substances Act.
Source
Laws 1977, LB 38, § 98;
R.S.1943, (1995), § 28-438;
Laws 2001, LB 113, § 17;
Laws 2001, LB 398, § 2;
Laws 2005, LB 117, § 2;
Laws 2007, LB463, § 1120;
Laws 2011, LB20, § 2;
Laws 2014, LB811, § 3;
Laws 2015, LB390, § 3;
Laws 2016, LB1009, § 3;
Laws 2017, LB487, § 4;
Laws 2018, LB931, § 2;
Laws 2020, LB1152, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-401.02 - Act; how construed.

28-401.02.
Act; how construed.
Nothing in the Uniform Controlled Substances Act shall be construed as authority for a practitioner to perform an act for which he or she is not authorized by the laws of this state.
Source
Laws 2001, LB 398, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-403 - Administering secret medicine; penalty.

28-403.
Administering secret medicine; penalty.
If any physician or other person shall prescribe any drug or medicine to another person, the true nature and composition of which he does not, if inquired of, truly make known, but avow the same to be a secret medicine or composition, thereby endangering the life of such other person, he shall be guilty of a Class III misdemeanor.
Source
Laws 1977, LB 38, § 63.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-404 - Controlled substances; declaration.

28-404.
Controlled substances; declaration.
All drugs and substances or immediate precursors listed in section 28-405 are hereby declared to be controlled substances, whether listed by official name, generic, common, or usual name, chemical name, brand, or trade name.
Source
Laws 1977, LB 38, § 64;
Laws 1990, LB 571, § 3;
Laws 1992, LB 1019, § 31.
Annotations
Under this section and section 28-405(c)(10) and (c)(15), marijuana is a Schedule I controlled substance, and thus is a "drug." State v. Finnegan, 232 Neb. 75, 439 N.W.2d 496 (1989).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-406 - Registration; fees.

28-406.
Registration; fees.
(1) The department shall issue registrations and reregistrations to manufacture, distribute, prescribe, or dispense controlled substances within this state on a biennial basis.
(2) The various fees to be paid by applicants for registrations and reregistrations, as required under the Uniform Controlled Substances Act, shall be as follows:
(a) Registration or reregistration to manufacture controlled substances, not less than one hundred dollars and not more than three hundred dollars;
(b) Registration or reregistration to distribute controlled substances, not less than one hundred dollars and not more than three hundred dollars;
(c) Registration or reregistration to prescribe, administer, or dispense controlled substances, not less than twenty dollars and not more than one hundred fifty dollars;
(d) Registration or reregistration to engage in research on the use and effects of controlled substances, not less than fifty dollars and not more than two hundred dollars;
(e) Registration or reregistration to engage in laboratory and analytical analysis of controlled substances, not less than fifty dollars and not more than two hundred dollars; and
(f) Registration or reregistration to provide detoxification treatment or maintenance treatment, not less than twenty dollars and not more than one hundred fifty dollars.
(3) The department shall remit the fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund.
(4) All registrations and reregistrations shall expire on August 31 of each odd-numbered year. Registration shall be automatically denied without a hearing for nonpayment of fees. Any registration or reregistration not renewed by payment of renewal fees by October 1 of odd-numbered years shall be automatically denied and canceled on October 2 of odd-numbered years without a hearing.
(5) The department is authorized to adopt and promulgate rules and regulations necessary to implement this section.
Source
Laws 1977, LB 38, § 66;
Laws 1985, LB 323, § 3;
Laws 1992, LB 1019, § 33;
Laws 1997, LB 307, § 4;
Laws 1997, LB 550, § 1;
Laws 1999, LB 594, § 2;
Laws 2001, LB 398, § 4;
Laws 2003, LB 242, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-407 - Registration required; exceptions.

28-407.
Registration required; exceptions.
(1) Except as otherwise provided in this section, every person who manufactures, prescribes, distributes, administers, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, prescribing, administering, distribution, or dispensing of any controlled substance within this state shall obtain a registration issued by the department, except that on and after January 1, 2000, health care providers credentialed by the department and facilities licensed by the department shall not be required to obtain a separate Nebraska controlled substances registration upon providing proof of a Federal Controlled Substances Registration to the department. Federal Controlled Substances Registration numbers obtained under this section shall not be public information but may be shared by the department for investigative and regulatory purposes if necessary and only under appropriate circumstances to ensure against any unauthorized access to such information.
(2) The following persons shall not be required to register and may lawfully possess controlled substances under the provisions of the Uniform Controlled Substances Act:
(a) An agent, or an employee thereof, of any practitioner, registered manufacturer, distributor, or dispenser of any controlled substance if such agent is acting in the usual course of his or her business or employment;
(b) A common or contract carrier or warehouse keeper, or an employee thereof, whose possession of any controlled substance is in the usual course of his or her business or employment; and
(c) An ultimate user or a person in possession of any controlled substance pursuant to a medical order issued by a practitioner authorized to prescribe.
(3) A separate registration shall be required at each principal place of business of professional practice where the applicant manufactures, distributes, or dispenses controlled substances, except that no registration shall be required in connection with the placement of an emergency box within a long-term care facility pursuant to the provisions of the Emergency Box Drug Act.
(4) The department is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated.
Source
Laws 1977, LB 38, § 67;
Laws 1994, LB 1210, § 4;
Laws 1997, LB 307, § 5;
Laws 1997, LB 550, § 2;
Laws 1999, LB 828, § 1;
Laws 2001, LB 398, § 5;
Laws 2009, LB195, § 2.
Cross References
Emergency Box Drug Act, see section 71-2410.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-408 - Registration to manufacture or distribute controlled substances; factors considered.

28-408.
Registration to manufacture or distribute controlled substances; factors considered.
(1) The department shall register an applicant to manufacture or distribute controlled substances included in Schedules I to V of section 28-405 unless the department determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest the department shall consider the following factors:
(a) Maintenance of effective controls against diversion of particular controlled substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;
(b) Compliance with applicable state and local law;
(c) Whether the applicant has been convicted of a felony under any law of the United States or of any state or has been convicted of a violation relating to any substance defined in the Uniform Controlled Substances Act as a controlled substance under any law of the United States or any state, except that such fact in itself shall not be an automatic bar to registration;
(d) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; and
(e) Such other factors as may be relevant to and consistent with the public health and safety.
(2) Registration granted under subsection (1) of this section shall not entitle a registrant to manufacture or distribute controlled substances in Schedule I or II of section 28-405 other than those specified in the registration.
(3) Except as otherwise provided in this section and section 28-409, practitioners shall be registered to prescribe, administer, or dispense substances in Schedules II to V of section 28-405 if they are authorized to prescribe, administer, or dispense under the laws of this state. A registration application by a practitioner who wishes to conduct research with Schedule I substances shall be referred to the department for approval or disapproval. Registration to prescribe, administer, or dispense substances in Schedules II to V of section 28-405 or registration for the purpose of bona fide research with Schedule I substances by a practitioner may be denied only on a ground specified in subsection (1) of section 28-409 or if there are reasonable grounds to believe that the applicant will abuse or unlawfully transfer such substances or fail to safeguard adequately his or her supply of such substances against diversion from legitimate medical or scientific use.
(4) Compliance by manufacturers and distributors with the Controlled Substances Act, 21 U.S.C. 801 et seq., as such act existed on May 1, 2001, respecting registration, excluding fees, shall be deemed compliance with this section.
Source
Laws 1977, LB 38, § 68;
Laws 1985, LB 323, § 4;
Laws 1997, LB 307, § 6;
Laws 2001, LB 398, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-410 - Records of registrants; inventory; violation; penalty; storage.

28-410.
Records of registrants; inventory; violation; penalty; storage.
(1) Each registrant manufacturing, distributing, or dispensing controlled substances in Schedule I, II, III, IV, or V of section 28-405 shall keep and maintain a complete and accurate record of all stocks of such controlled substances on hand. Such records shall be maintained for five years.
(2) Each registrant manufacturing, distributing, storing, or dispensing such controlled substances shall prepare an annual inventory of each controlled substance in his or her possession. Such inventory shall (a) be taken within one year after the previous annual inventory date, (b) contain such information as shall be required by the Board of Pharmacy, (c) be copied and such copy forwarded to the department within thirty days after completion, (d) be maintained at the location listed on the registration for a period of five years, (e) contain the name, address, and Drug Enforcement Administration number of the registrant, the date and time of day the inventory was completed, and the signature of the person responsible for taking the inventory, (f) list the exact count or measure of all controlled substances listed in Schedules I, II, III, IV, and V of section 28-405, and (g) be maintained in permanent, read-only format separating the inventory for controlled substances listed in Schedules I and II of section 28-405 from the inventory for controlled substances listed in Schedules III, IV, and V of section 28-405. A registrant whose inventory fails to comply with this subsection shall be guilty of a Class IV misdemeanor.
(3) This section shall not apply to practitioners who prescribe or administer, as a part of their practice, controlled substances listed in Schedule II, III, IV, or V of section 28-405 unless such practitioner regularly engages in dispensing any such drug or drugs to his or her patients.
(4) Controlled substances shall be stored in accordance with the following:
(a) All controlled substances listed in Schedule I of section 28-405 must be stored in a locked cabinet; and
(b) All controlled substances listed in Schedule II, III, IV, or V of section 28-405 must be stored in a locked cabinet or distributed throughout the inventory of noncontrolled substances in a manner which will obstruct theft or diversion of the controlled substances or both.
(5) Each pharmacy which is registered with the administration and in which controlled substances are stored or dispensed shall complete a controlled-substances inventory when there is a change in the pharmacist-in-charge. The inventory shall contain the information required in the annual inventory, and the original copy shall be maintained in the pharmacy for five years after the date it is completed.
Source
Laws 1977, LB 38, § 70;
Laws 1996, LB 1108, § 2;
Laws 1997, LB 307, § 7;
Laws 1997, LB 550, § 3;
Laws 2001, LB 398, § 8;
Laws 2003, LB 242, § 3;
Laws 2008, LB902, § 2;
Laws 2017, LB166, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-411 - Controlled substances; records; by whom kept; contents; compound controlled substances; duties.

28-411.
Controlled substances; records; by whom kept; contents; compound controlled substances; duties.
(1) Every practitioner who is authorized to administer or professionally use controlled substances shall keep a record of such controlled substances received by him or her and a record of all such controlled substances administered or professionally used by him or her, other than by medical order issued by a practitioner authorized to prescribe, in accordance with subsection (4) of this section.
(2) Manufacturers, wholesalers, distributors, and reverse distributors shall keep records of all controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared and of all controlled substances received and disposed of by them, in accordance with subsection (4) of this section.
(3) Pharmacies shall keep records of all controlled substances received and disposed of by them, in accordance with subsection (4) of this section.
(4)(a) The record of controlled substances received shall in every case show (i) the date of receipt, (ii) the name, address, and Drug Enforcement Administration number of the person receiving the controlled substances, (iii) the name, address, and Drug Enforcement Administration number of the person from whom received, (iv) the kind and quantity of controlled substances received, (v) the kind and quantity of controlled substances produced or removed from process of manufacture, and (vi) the date of such production or removal from process of manufacture.
(b) The record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced. The record of all controlled substances sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom or for whose use or the owner and species of animal for which the controlled substances were sold, administered, or dispensed, and the kind and quantity of controlled substances. For any lost, destroyed, or stolen controlled substances, the record shall list the kind and quantity of such controlled substances and the discovery date of such loss, destruction, or theft.
(c) Every such record shall be kept for a period of five years from the date of the transaction recorded.
(5) Any person authorized to compound controlled substances shall comply with section 38-2867.01.
Source
Laws 1977, LB 38, § 71;
Laws 1988, LB 273, § 4;
Laws 1995, LB 406, § 6;
Laws 1996, LB 1044, § 69;
Laws 2001, LB 398, § 9;
Laws 2015, LB37, § 28;
Laws 2017, LB166, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-412 - Narcotic drugs; administration to narcotic-dependent person; violation; penalty.

28-412.
Narcotic drugs; administration to narcotic-dependent person; violation; penalty.
(1) It is unlawful to prescribe any narcotic drug listed in section 28-405, except buprenorphine, for the purpose of detoxification treatment or maintenance treatment except as provided in this section.
(2) A narcotic drug may be administered or dispensed to a narcotic-dependent person for detoxification treatment or maintenance treatment by a practitioner who is registered to provide detoxification treatment or maintenance treatment pursuant to section 28-406.
(3) A narcotic drug may be administered or dispensed to a narcotic-dependent person when necessary to relieve acute withdrawal symptoms pending the referral of such person for detoxification treatment or maintenance treatment by a physician who is not registered to provide detoxification treatment or maintenance treatment under section 28-406. Not more than one day's supply of narcotic drugs shall be administered or dispensed for such person's use at one time. Such treatment shall not be continued for more than three successive calendar days and may not be renewed or extended.
(4) A narcotic drug may be administered or dispensed in a hospital to maintain or detoxify a person as an incidental adjunct to medical or surgical treatment conditions other than dependence.
(5) Any person who violates this section is guilty of a Class IV felony.
(6) For purposes of this section:
(a) Detoxification treatment means the administering or dispensing of a narcotic drug in decreasing doses to a person for a specified period of time to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and to bring such person to a narcotic drug-free state within such period of time. Detoxification treatment includes short-term detoxification treatment and long-term detoxification treatment;
(b) Long-term detoxification treatment means detoxification treatment for a period of more than thirty days but not more than one hundred eighty days;
(c) Maintenance treatment means the administering or dispensing of a narcotic drug in the treatment of a narcotic-dependent person for a period of more than twenty-one days; and
(d) Short-term detoxification treatment means detoxification treatment for a period of not more than thirty days.
Source
Laws 1977, LB 38, § 72;
Laws 1996, LB 1044, § 70;
Laws 1996, LB 1108, § 3;
Laws 1999, LB 379, § 2;
Laws 1999, LB 594, § 3;
Laws 2001, LB 398, § 10;
Laws 2007, LB247, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-413 - Distribution to another registrant; manner.

28-413.
Distribution to another registrant; manner.
Controlled substances listed in Schedules I and II of section 28-405 shall be distributed by a registrant to another registrant pursuant to an order form or the electronic controlled substance ordering system of the administration.
Compliance with the provisions of the Controlled Substances Act, 21 U.S.C. 801 et seq., as such act existed on January 1, 2014, respecting order forms shall be deemed compliance with this section.
Source
Laws 1977, LB 38, § 73;
Laws 2001, LB 398, § 11;
Laws 2014, LB811, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-414.02 - Prescription created, signed, transmitted, and received electronically; records.

28-414.02.
Prescription created, signed, transmitted, and received electronically; records.
(1) If a prescription is created, signed, transmitted, and received electronically, all records related to that prescription must be retained electronically.
(2) Electronic records must be maintained electronically for five years after the date of their creation or receipt.
(3) Records regarding controlled substances must be readily retrievable from all other records. Electronic records must be easily readable or easily rendered into a format that a person can read.
(4) Records of electronic prescriptions for controlled substances shall be maintained in an application that meets the requirements of 21 C.F.R. 1311, as the regulation existed on January 1, 2014. The computers on which the records are maintained may be located at another location, but the records must be readily retrievable at the registered location if requested by an agent of the department or the administration or other law enforcement agent. The electronic application must be capable of printing out or transferring the records in a format that is readily understandable to an agent of the department or the administration or other law enforcement agent at the registered location.
Source
Laws 2014, LB811, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-414.03 - Controlled substances; maintenance of records; label.

28-414.03.
Controlled substances; maintenance of records; label.
(1) Paper prescriptions for all controlled substances listed in Schedule II of section 28-405 shall be kept in a separate file by the dispensing practitioner and shall be maintained for a minimum of five years. The practitioner shall make all such files readily available to the department and law enforcement for inspection without a search warrant.
(2) Prescriptions for all controlled substances listed in Schedule III, IV, or V of section 28-405 shall be maintained either separately from other prescriptions or in a form in which the information required is readily retrievable from ordinary business records of the dispensing practitioner and shall be maintained for a minimum of five years. The practitioner shall make all such records readily available to the department, the administration, and law enforcement for inspection without a search warrant.
(3) Before dispensing any controlled substance listed in Schedule II, III, IV, or V of section 28-405, the dispensing practitioner shall affix a label to the container in which the controlled substance is dispensed. Such label shall bear the name and address of the pharmacy or dispensing practitioner, the name of the patient, the date of filling, the serial number of the prescription under which it is recorded in the practitioner's prescription records, the name of the prescribing practitioner, and the directions for use of the controlled substance. Unless the prescribing practitioner writes "do not label" or words of similar import on the original paper prescription or so designates in an electronic prescription or an oral prescription, such label shall also bear the name of the controlled substance.
(4) For multidrug containers, more than one drug, device, or biological may be dispensed in the same container when (a) such container is prepackaged by the manufacturer, packager, or distributor and shipped directly to the pharmacy in this manner or (b) the container does not accommodate greater than a thirty-one-day supply of compatible dosage units and is labeled to identify each drug or biological in the container in addition to all other information required by law.
(5) If a pharmacy fills prescriptions for controlled substances on behalf of another pharmacy under contractual agreement or common ownership, the prescription label shall contain the Drug Enforcement Administration number of the pharmacy at which the prescriptions are filled.
Source
Laws 2014, LB811, § 9;
Laws 2017, LB166, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-414.04 - Controlled substance; transfer.

28-414.04.
Controlled substance; transfer.
A registrant who is the owner of a controlled substance may transfer:
(1) Any controlled substance listed in Schedule I or II of section 28-405 to another registrant as provided by law or by rule and regulation of the department; and
(2) Any controlled substance listed in Schedule III, IV, or V of section 28-405 to another registrant if such owner complies with subsection (4) of section 28-411.
Source
Laws 2014, LB811, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-414.05 - Controlled substance; destruction; records.

28-414.05.
Controlled substance; destruction; records.
(1) The owner of any stock of controlled substances may cause such controlled substances to be destroyed pursuant to this section when the need for such substances ceases. Complete records of the destruction of controlled substances pursuant to this section shall be maintained by the registrant for five years after the date of destruction.
(2) If the owner is a registrant:
(a) Controlled substances listed in Schedule II, III, IV, or V of section 28-405 may be destroyed by a pharmacy inspector, by a reverse distributor, or by the administration. Upon destruction, any forms required by the administration to document such destruction shall be completed;
(b) Liquid controlled substances in opened containers which originally contained fifty milliliters or less or compounded liquid controlled substances within the facility where they were compounded may be destroyed if witnessed by two individuals credentialed under the Uniform Credentialing Act and designated by the facility and recorded in accordance with subsection (4) of section 28-411; or
(c) Solid controlled substances in opened unit-dose containers or which have been adulterated within a hospital where they were to be administered to patients in such hospital may be destroyed if witnessed by two individuals credentialed under the Uniform Credentialing Act and designated by the hospital and recorded in accordance with subsection (4) of section 28-411.
(3) If the owner is a resident of a long-term care facility or hospital, a controlled substance listed in Schedule II, III, IV, or V of section 28-405 shall be destroyed by two individuals credentialed under the Uniform Credentialing Act and designated by the facility or hospital.
Source
Laws 2014, LB811, § 11.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-414.06 - Controlled substance; practitioner; provide information; limit on liability or penalty.

28-414.06.
Controlled substance; practitioner; provide information; limit on liability or penalty.
(1) Any practitioner who gives information to a law enforcement officer or professional board appointed pursuant to the Uniform Credentialing Act shall not be subject to any civil, criminal, or administrative liability or penalty for giving such information.
(2) As used in this section, unless the context otherwise requires:
(a) Information means information regarding unlawfully obtaining or attempting to obtain from a practitioner (i) a controlled substance, (ii) a written or oral prescription for a controlled substance, or (iii) the administration of a controlled substance; and
(b) Law enforcement officer has the definition found in section 81-1401.
Source
Laws 1988, LB 273, § 2;
R.S.1943, (2008), § 28-1438.01;
Laws 2014, LB811, § 12.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-414.07 - Controlled substances; chemical analysis; admissible as evidence in preliminary hearing.

28-414.07.
Controlled substances; chemical analysis; admissible as evidence in preliminary hearing.
Whenever matter is submitted to the criminalistics laboratory of the Nebraska State Patrol for chemical analysis to determine if the matter is, or contains, a controlled substance, the report of that analysis shall be admissible in any preliminary hearing in any court in Nebraska as prima facie evidence of the identity, nature, and quantity of the matter analyzed. Nothing in this section is intended to require the use of a laboratory report in a preliminary hearing or to prohibit the use of other evidence, including circumstantial evidence, in the preliminary hearing to establish the identity, nature, and quantity of a controlled substance.
Source
Laws 1976, LB 487, § 1;
R.R.S.1943, § 28-4,135.01, (1975);
Laws 1984, LB 403, § 3;
R.S.1943, (2008), § 28-1439;
Laws 2014, LB811, § 13.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-415 - Narcotic drugs; label; requirements.

28-415.
Narcotic drugs; label; requirements.
(1) A manufacturer, distributor, or packager who sells or dispenses a narcotic drug or a wholesaler who sells or dispenses a narcotic drug in a package prepared by him or her shall securely affix a label to each package in which such drug is contained showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person, except a pharmacy for the purpose of filling a medical order under the Uniform Controlled Substances Act, shall alter, deface, or remove any label so affixed.
(2) A pharmacy that sells or dispenses any narcotic drug on a prescription issued by a practitioner shall affix a label to the container in which such drug is sold or dispensed pursuant to subsection (3) of section 28-414.03. No person shall alter, deface, or remove any label so affixed.
Source
Laws 1977, LB 38, § 75;
Laws 1988, LB 273, § 6;
Laws 1995, LB 406, § 8;
Laws 1999, LB 379, § 3;
Laws 1999, LB 594, § 5;
Laws 2001, LB 398, § 13;
Laws 2014, LB811, § 14.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-417 - Unlawful acts; violations; penalty.

28-417.
Unlawful acts; violations; penalty.
(1) It shall be unlawful for any person:
(a) To omit, remove, alter, or obliterate a symbol required by the federal Controlled Substances Act, 21 U.S.C. 801 et seq., as the act existed on September 1, 2001, or required by the laws of this state;
(b) To alter, deface, or remove any label affixed to a package of narcotic drugs;
(c) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under the Uniform Controlled Substances Act;
(d) To refuse any entry into any premises for inspection authorized by the act;
(e) To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or place whatever which such person knows or should know is resorted to by persons using controlled substances in violation of the Uniform Controlled Substances Act for the purpose of using such substances or which is used for the keeping or selling of the same in violation of the act;
(f) To whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner or the owner of any animal for which any such substance has been prescribed, sold, or dispensed by a veterinarian to possess it in a container other than which it was delivered to him or her by the practitioner; or
(g) To be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a practitioner. In a prosecution under this subdivision, it shall not be necessary for the state to prove that the accused was under the influence of any specific controlled substance, but it shall be sufficient for a conviction under this subdivision for the state to prove that the accused was under the influence of some controlled substance by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled substance.
(2) Any person who violates this section shall be guilty of a Class III misdemeanor.
Source
Laws 1977, LB 38, § 77;
Laws 1978, LB 920, § 1;
Laws 1988, LB 273, § 7;
Laws 2001, LB 113, § 11;
Laws 2001, LB 398, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-418 - Intentional violations; penalty.

28-418.
Intentional violations; penalty.
(1) It shall be unlawful for any person knowingly or intentionally:
(a) Who is a registrant to distribute a controlled substance classified in Schedule I or II of section 28-405 in the course of his or her legitimate business except in compliance with section 28-413;
(b) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(c) To acquire or obtain or to attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge;
(d) To furnish false or fraudulent material information in or omit any material information from any application, report, or other document required to be kept or filed under the Uniform Controlled Substances Act or any record required to be kept by the act;
(e) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled substance;
(f) Who is subject to sections 28-406 to 28-414.05 to distribute or dispense a controlled substance in violation of sections 28-414 to 28-414.05;
(g) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or authorized person;
(h) To possess a false or forged medical order for a controlled substance issued by a practitioner authorized to prescribe, except that this subdivision shall not apply to law enforcement officials, practitioners, or attorneys in the performance of their official lawful duties; or
(i) To communicate information to a practitioner in an effort to unlawfully procure a controlled substance, the administration of a controlled substance, or a medical order for a controlled substance issued by a practitioner authorized to prescribe.
(2) Any person who violates this section shall be guilty of a Class IV felony.
Source
Laws 1977, LB 38, § 78;
Laws 1988, LB 273, § 8;
Laws 2001, LB 113, § 12;
Laws 2001, LB 398, § 16;
Laws 2014, LB811, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-419 - Inhaling or drinking certain intoxicating substances; unlawful.

28-419.
Inhaling or drinking certain intoxicating substances; unlawful.
No person shall breathe, inhale, or drink any compound, liquid, or chemical containing acetate, acetone, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride, ethylene trichloride, hexane, isopropanol, isopropyl alcohol, methyl alcohol, methyl cellosolve acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachlorophenol, petroleum ether, toluene, toluol, trichloroathane, trichloroethylene, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental, or nervous processes. For the purposes of sections 28-419 to 28-424, any such condition so induced shall be deemed an intoxicated condition.
Source
Laws 1977, LB 38, § 79;
Laws 2007, LB424, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-420 - Selling or offering for sale certain compounds; use; knowledge of seller; unlawful.

28-420.
Selling or offering for sale certain compounds; use; knowledge of seller; unlawful.
No person shall knowingly sell or offer for sale, deliver or give to any person any compound, liquid or chemical or any other substance which will induce an intoxicated condition as defined in section 28-419, when the seller, offerer or deliverer knows or has reason to know that such compound is intended for use to induce such condition.
Source
Laws 1977, LB 38, § 80.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-421 - Act, exceptions.

28-421.
Act, exceptions.
The provisions of sections 28-419 to 28-424 shall not apply to the use or sale of such substances, as defined in sections 28-419 and 28-420, when such use or sale is administered or prescribed for medical or dental purposes, nor shall the provisions of sections 28-419 to 28-424 apply to the use or sale of alcoholic liquors as defined by section 53-103.02.
Source
Laws 1977, LB 38, § 81;
Laws 2010, LB861, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-422 - Selling or offering for sale certain compounds; register; maintain for one year.

28-422.
Selling or offering for sale certain compounds; register; maintain for one year.
Every person selling or offering for sale at retail any of the substances as defined in section 28-419, shall maintain a register in which are recorded the date of each sale, the quantity sold, and the name and address of the purchaser. The record of each sale shall be available for inspection by any peace officer for at least one year.
Source
Laws 1977, LB 38, § 82.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-423 - Inducing or enticing; violation.

28-423.
Inducing or enticing; violation.
No person shall induce or entice any person to violate the provisions of section 28-419, 28-420, or 28-422.
Source
Laws 1977, LB 38, § 83.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-424 - Violations; penalty.

28-424.
Violations; penalty.
Any person who violates any provision of section 28-419, 28-420, 28-422, or 28-423 shall be guilty of a Class III misdemeanor.
Source
Laws 1977, LB 38, § 84.
2023 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).
2023 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.