Omaha drug laws are extremely strict. Even marijuana, which is legalized in many states, is still heavily prosecuted in Nebraska. Possession of any amount of marijuana can result in serious fines.
Due to the seriousness of the potential penalties, it is important to discuss local drug laws with an experienced drug attorney. A well-versed lawyer from Berry Law can explain the nuances in the state’s drug laws and create a plan to protect your rights.
What Behaviors are Prohibited by Drug Laws?
Local drug laws prohibit several behaviors in relation to the drug trade. Some of the behaviors prohibited by drug laws in Omaha include possessing, manufacturing, and distributing narcotics. Under the law, a person cannot use, share, or distribute prohibited substances such as marijuana, methamphetamine, heroin, and cocaine.
Nebraska has drug schedules that classify controlled substances into groups. Chapter 28, Section 4 of the Nebraska Code identifies drugs in the drug table that are considered illegal. The drug table lists the specific drugs and the amounts considered to be illegal.
There are some exceptions. For example, if someone has a prescription for hydrocodone, he or she is allowed to use it. However, in Nebraska, a person cannot use marijuana, even with a prescription. While people in other states may have a prescription for marijuana, they still cannot have marijuana in Omaha. An attorney can further explain other prohibited behaviors in Omaha.
Potential Penalties for Omaha Offenses
Depending on the perceived harmfulness of the drug involved in a case, as well as the alleged intentions of the person in possession of the drug, the resulting penalties will vary in harshness. For example, marijuana is illegal to possess, but if someone has a small amount, it is treated as an infraction with a $300 fine. However, if someone has the same amount of cocaine, methamphetamine, or heroin, it is treated as a Class 4 felony.
The larger the alleged amount, the more likely the individual will be charged with possession with intent to distribute. For example, while simple possession of marijuana is an infraction resulting in a $300 fine, possession with intent to distribute is a Class 2 felony that carries a term of zero to 20 years in prison.
Does the Weight of The Drugs Affect the Penalties?
It is interesting to note that the weight of the drugs in the charge does not make a difference to the penalties. Someone with less than an ounce of marijuana in small baggies who is allegedly distributing them faces the same potential penalties as an individual with 8,000 pounds of marijuana.
A Well-Versed Attorney Can Explain Omaha Drug Laws
Omaha drug laws can be difficult to navigate. Especially because the specific charges a person can face depends on the officer’s opinions, it can be difficult to understand why someone is facing specific charges and what to do. This is where a champion attorney can help. A diligent lawyer can help you understand Omaha drug laws as well as the charges you are facing. Call Berry Law today for a confidential consultation to learn more.
