Stat. 28-418. 008.02 Regardless of any other provision in these regulations, the Tax Commissioner shall have the authority to abate any penalty or reduce the amount of any assessment levied pursuant to this program. Penalties for personal possession Bean has been charged with possession with intent to deliver, five counts of criminal use of a communications facility and possession of a controlled substance. Additional penalties apply to convictions for driving under the 009.01 All information provided to the Department for the purpose of effecting a purchase of drug tax stamps or for the purpose of learning about the program shall be kept confidential from all non-Department employees. Ask your question and get free answers from experienced lawyers. In the event such an estimate is provided, sole responsibility for its accuracy shall remain with the taxpayer and the Department shall neither be bound by the estimate nor precluded from assessing additional tax, penalties and interest if appropriate. The 35-year-old teacher was charged with possession of steroids, possession of fentanyl, possession with the intent to distribute near a school, and unlawful neglect of a child after officials said she let a child live in a home with controlled substances. The unidentified 54-year-old was treated for his wounds and later released, GPD said. 007.03B(1) For the purposes of estimating the total number of plants in a field, the Department may use any method of estimation reasonably calculated to arrive at a close approximation of the actual number. Then he was at court ordered therapy & a probation officer came into his therapy session and searched him & they found & old 002.01J "Taxpayer" or "purchaser" means any person buying drug tax stamps from the Department of Revenue or any person who has had all or part of a drug tax assessment collected from him or her. Nebraska Code that lists precisely which drugs fit into each group. How would I go about this. A search incident to a lawful arrest yielded a small plastic baggie containing a crystal-like substance which weighed approximately five grams.. David L. Oliver, 51, of Bloomington, is charged with predatory criminal sexual assault. Nebraska criminalizes the possession of CDS and CDS precursors Last weeks arrest is certainly upsetting and she will remain on administrative leave pending further investigation.. 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Web2022 Nebraska Revised Statutes Chapter 71 - Public Health and Welfare 71-15,139 possession of a controlled substance by the resident or any other person on the premises with the consent of the resident if the resident knew or should have known of the possession by such other person of a controlled substance, unless such controlled Educators are held to a high standard of professional and personal conduct, the district told McClatchy News on Jan. 17 in an emailed statement. (possession without intent to sell the CDS) include a fine of up to Please subscribe to keep reading. 481.115. sets forth punishment range for Possession of a Substance in Penalty Group 1. Nebraska classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture Then they just released him. Possession of a Controlled Substance is the common name given to most drug charges in Nebraska. This applies to any drug considered a controlled substance by law. The most common would be methamphetamine, cocaine, heroin, concentrated cannabis, and most commonly abused prescription pills like opiods and Xanax. incarceration. 003.03C(1) If the taxpayer chooses to purchase drug tax stamps by mail, the taxpayer assumes the risk of non-delivery or tardy delivery by the postal service. 007.02A(4) Nothing in these regulations shall be interpreted as giving an assessee the right to have drug weight or measurements reevaluated without an order of a court. February 2, 1992.). Rev. (2) Any person who violates this section shall be guilty of a Class IV felony. Eleven charges involving weapons and drugs are pending against a Bloomington man after a traffic stop. As officials investigated and carried out search warrants, they reported finding drugs. 003.01 Drug tax stamps shall be sold at all Department of Revenue offices for face value in denominations authorized by the Tax Commissioner. 012.02 Effective October 1, 1991, 95% of all revenue not originating from a county but obtained by the Department through the Drug Tax Program shall be remitted to the State Treasurer for distribution to the Nebraska State Patrol Drug Control and Education Cash Fund. He was arrested on January 13. 007.03B(1)(c) The Department shall increase or decrease its estimate of the number of plants according to the actual number of plants counted, as appropriate. To learn more about that topic, I was cited for possession of marijuana less than an ounce and it was a first time offense. Get up-to-the-minute news sent straight to your device. 69.50.385. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. see Sale of a Controlled Substances in Nebraska. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 21-5706. 010.01A Any jeopardy assessment in effect on October 1, 1991, shall become final if no protest or request for redetermination by the Tax Commissioner has been filed or postmarked by October 10, 1991. (Reissue 1989). Bloomington man accused of sex abuse, attempted assault. **UPDATE** Gage County Courthouse Trial Rescheduled. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 007.02A(3) The Department shall not unreasonably withhold approval of a reevaluation method, and the likelihood that a reevaluation would result in a decrease in the amount of an assessment shall not alone be cause for withholding approval of a reevaluation method. The Department must receive notice of any hearing scheduled on an application to have drug quantities reevaluated and must also be notified of the time and place of any scheduled reevaluation testing. seq. For marijuana and its derivatives, for controlled substances for which there is no medically- approved purpose, or for substances for which no medically-approved minimum dosage can be determined, dosage unit means the street dosage unit as obtained from a qualified law enforcement agent. (2) A prescription for a legend drug which is not a controlled substance shall contain the following information prior to being filled by a pharmacist or practitioner who holds a pharmacy license under subdivision (1) of section 38-2850: (a) Patient's name, (b) name of the drug, device, or biological, (c) strength of the drug or biological, if applicable, (d) dosage form of the drug or biological, (e) quantity of the drug, device, or biological prescribed, (f) directions for use, (g) date of issuance, (h) number of authorized refills, including pro re nata or PRN refills, (i) prescribing practitioner's name, and (j) if the prescription is written, prescribing practitioner's signature. Rev. 2481. this Statute. 006.06 A dealer is solely responsible for determining and affixing the proper amounts of drug tax stamps to all marijuana and controlled substances in his or her possession. 28-405) and find the substance you're charged with possessing -- it will be listed under one of the five classes. 003.03A No person will be required to provide the Department any identifying information in connection with a purchase of drug tax stamps. Rev. The drug tax stamp does not make the drugs legal; however, you can be charged with a separate crime for failing to have the tax stamp affixed to drugs in your possession. Except as herein provided, any other use or method of affixing the stamps shall render the stamps invalid for the purpose of satisfying the tax liability for confiscated, otherwise untaxed drugs. Controlled substance does not include Web006.04B Each container of marijuana or controlled substance must be affixed with a sufficient amount of drug stamps, regardless of the quantity of drug therein, if the aggregate amount of the drugs in the dealers possession meets a threshold amount. February 2, 1992.). William B. Givens, 49, no address given, is charged with unlawful possession of five to 15 grams of meth with intent to deliver, a Class 1 felony, possession of less than five grams of meth with intent to deliver, a Class 2 felony, possession of five to 15 grams of meth, a Class 2 felony, and possession of less than five grams of meth, a Class 3 felony. My husband was on probation for drug possession & he transferred his probation from Colorado to Nebraska to live with his mom & get clean. 002.01N "Threshold amount" means the minimum amount of marijuana or a controlled substance required in order to qualify as a "dealer" as defined at Neb. 2022 Also, while marijuana is considered a CDS, this article does not (substances used to manufacture CDS). substances (CDS), though each differs in its exact definition of CDS and Definitions. It was in Sarpy County in Nebraska. (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. 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