Drug possession charges in Nebraska aren’t just a slap on the wrist, they can change someone’s life in an instant. A conviction may lead to prison time, a permanent felony record, and serious damage to a person’s job, family, and future. Police and prosecutors treat these cases aggressively, and so should anyone who’s been arrested or charged. From the moment drugs are found, whether in a car, a pocket, or a home, the system starts building a case. That’s why individuals facing drug possession charges need to speak with a criminal defense lawyer immediately. Delaying can cost them key defenses and legal options.
Drug Possession Defense Attorneys in Nebraska
Liberty Law Group defends people who are under investigation, accused, arrested, and/or charged with drug possesison in Nebraska, including Omaha in Douglas County, Lincoln in Lancaster County, and surrounding areas, including people in Council Bluffs, Pottawattamie County, Iowa. The drug possession defense attorneys at Liberty Law Group focus on those facing potential legal penalties and consequences due to the state’s aggressive enforcement of drug prohibition in Nebraska or Iowa. Learn more about defending drug possession charges by reading about potential penalties, defenses, and valuable resources that can provide detailed information. In the sections below, experienced drug possession lawyers at Liberty Law Group explain exactly what individuals need to know about drug possession charges in Nebraska, including how the law defines these crimes and what defenses might apply in these cases.
Overview of Drug Possession Laws in Nebraska
- Nebraska Drug Possession Laws Offenses and Penalties
- Most Common Drugs in Nebraska Possession Cases
- How Nebraska Courts Define Possession in Drug Cases
- Probation and Diversion Options for Drug Charges in Nebraska
- Legal Defenses to Drug Possession Charges in Nebraska
- Role of a Drug Possession Attorney in Nebraska
- Frequently Asked Questions About Drug Possession in Nebraska
- Additional Resources
Nebraska Drug Possession Laws Offenses and Penalties
Controlled Substance Possession Under Nebraska Law — Under Nebraska Revised Statute §28-416(3), it is a felony to knowingly possess drugs listed in Schedules I, II, or III without a valid prescription. These include methamphetamine, cocaine, heroin, LSD, MDMA, and prescription opioids or stimulants obtained without medical authorization. This offense is a Class IV felony and may result in up to 2 years in prison, 12 months of post-release supervision, and/or a fine of up to $10,000. Courts may impose probation instead of prison, especially for first-time,nonviolent offenders.
Marijuana Possession Is Treated Separately — Cannabis-related charges follow a different set of rules. If someone is caught with one ounce or less for the first time, it’s treated as an infraction, punishable by a fine of up to $300 and mandatory drug education. A second offense is a Class IV misdemeanor with a $500 fine and no jail time. A third or further offense is a Class IIIA misdemeanor, carrying up to 7 days in jail and a $500 fine.
Possessing more than one ounce but less than a pound is a Class III misdemeanor, with up to 3 months in jail, a $500 fine, or both. Possession of more than one pound becomes a Class IV felony, with the same penalties as other Class IV felonies.
Penalties Increase Sharply When Intent to Distribute Is Involved — Possession with intent to distribute is punished more severely under § 28-416(1). If the drug is considered especially hazardous, such as meth, heroin, cocaine, or fentanyl, the charge is a Class II felony with a prison range of 1 to 50 years. Other Schedule I–III drugs fall under a Class IIA felony with up to 20 years in prison but no minimum sentence. Schedule IV and V substances result in a Class IIIA felony, carrying up to 3 years in prison, 18 months of post-release supervision, and/or a $10,000 fine. Police and prosecutors may rely on indirect evidence, like scales, packaging, large sums of cash, or texts about drug transactions.
Higher Penalties Apply for Large Quantities of Certain Drugs — Larger amounts of cocaine, methamphetamine, heroin, or amphetamines lead to automatic felony upgrades with mandatory minimums.
Nebraska imposes weight-based sentencing for some substances under §28-416(7) through (10). If a person possesses:
- At least 10 grams but less than 28 grams: Class ID felony, with a mandatory minimum of 3 years and up to 50 years in prison
- At least 28 grams but less than 140 grams: Class IC felony, with a mandatory minimum of 5 years and up to 50 years
- 140 grams or more: Class IB felony, with a mandatory minimum of 20 years in prison and no maximum stated in the statute
These penalties apply to both pure substances and mixtures, meaning diluted or combined forms still count toward total weight.
Drug Offenses Near Schools, Playgrounds, or Youth Centers Are Treated More Seriously — Committing a drug offense near schools, playgrounds, or youth centers increases the penalty. If the offense occurs within 1,000 feet of a school or 100 feet of a youth facility, the crime is enhanced by one felony class under §28-416(4). The charge cannot go higher than a Class IB felony, which mandates at least 20 years in prison.
Using or Coercing a Minor Leads to Enhanced Charges — If a person 18 or older uses or persuades a minor to assist in drug activities, the charge increases by one felony class under §28-416(5). For example, a Class IIA felony becomes a Class II felony. These enhancements also cap at Class IB.
Carrying a Gun During a Drug Offense Increases the Penalty — Bringing a firearm into a drug crime makes the sentence more serious. Under §28-416(16), the penalty rises by one felony class if a gun is involved. Like other enhancements, it cannot exceed a Class IB felony.
Prescription Fraud and Forged Orders Are Separate Felony Offenses — Trying to get prescription drugs through fraud or forgery is a separate crime. Under §28-418, this is a Class IV felony with up to 2 years in prison, 12 months of post-release supervision, and/or a $10,000 fine. Common cases involve fake prescriptions or unauthorized refills.
Most Common Drugs in Nebraska Possession Cases
Drug possession charges in Nebraska involve a broad spectrum of controlled substances. Below are the most commonly encountered drugs in Nebraska possession cases, along with their street names as known locally or regionally:
- Methamphetamine – Crank, ice, glass
- Marijuana / Cannabis / THC (Tetrahydrocannabinol) – Weed, bud, chronic, ganja
- Cocaine (powder) – Blow, white girl, snow, yayo
- Crack Cocaine – Rock, hard, base
- Fentanyl – Fetty, beans, blues
- Heroin – Smack, black tar, dope
- Oxycodone – Oxy, blues, hillbilly heroin
- Hydrocodone – Norco, vikes, tabs
- Xanax (Alprazolam) – Bars, zannies, footballs
- MDMA (methylenedioxymethamphetamine) – Ecstasy, E, molly, rolls
- Psilocybin Mushrooms – Shrooms, boomers, caps
- LSD (lysergic acid diethylamide) – Acid, tabs, blotter, doses
- Adderall (Amphetamine) – Addys, beans, study drug
- Ketamine – K, special K, kit kat
- Synthetic Cannabinoids – Spice, K2, fake weed
- Suboxone (Buprenorphine) – Strips, oranges, subs
- Clonazepam (Klonopin) – Kpins, pins, benzos
- Tramadol – Trammies, chill pills
- DMT (dimethyltryptamine) – Spirit molecule, Dimitri
- GHB (Gamma-Hydroxybutyric acid) – Liquid ecstasy, G, Georgia homeboy
How Nebraska Courts Define Possession in Drug Cases
Under Nebraska law, someone can be charged with possession of a controlled substance even if the drugs are not found directly on them. Courts recognize both actual possession, such as drugs found in a pocket, and constructive possession, which applies when drugs are located in a person’s home, car, bag, or other area they control. The key factor is whether the individual knew about the drugs and had the ability to exercise control over them. However, according to Nebraska Jury Instructions, merely being near the drugs is not enough to be convicted. There must be clear evidence that the person was aware of the presence of the drugs and had the authority or power to control them.
Intent to deliver a drug can also be proven even if there is no direct admission or transaction. Courts may rely on circumstantial evidence—such as large amounts of drugs, scales, baggies, or communications about drug activity, to determine whether the person planned to distribute. Prosecutors do not need proof that a sale actually occurred to convict someone of possession with intent to deliver.
Probation and Diversion Options for Drug Charges in Nebraska
For drug possession charges—especially simple possession classified as a Class IV felony—Nebraska courts may offer probation instead of prison, particularly for first-time, nonviolent offenders. This is common in Douglas and Lancaster Counties. Probation requires meeting strict conditions like staying sober, completing treatment, and regularly reporting to a probation officer. If these conditions are broken, the court can revoke probation and impose a prison sentence under § 29-2268.
Diversion programs are also available for certain possession charges. Lancaster County’s Treatment and General Diversion Programs, and Douglas County’s Adult Drug Court, accept individuals facing low-level felony possession charges. Finishing the program can result in dismissal of the case. However, people charged with distribution or more serious offenses are not eligible for these alternatives.
Legal Defenses to Drug Possession Charges in Nebraska
Lack of Knowledge or Control of the Drug — A common defense in drug possession cases is that the accused did not know the drugs were there or had no control over them. Nebraska law requires that the person both be aware of the drugs and have the ability to manage them.
Unlawful Search or Seizure of the Controlled Substances — Possession charges can be challenged if the drugs were found through an illegal search. Police must follow constitutional rules when conducting searches or making arrests. If officers lacked a valid warrant, did not have probable cause, or stopped someone without justification, the court can exclude the evidence under the Fourth Amendment.
Prescription for the Drug — Some controlled substances, including opioids and stimulants, can be lawfully possessed with a valid prescription. A person charged with possession may have a legal defense under Nebraska Revised Statute § 28-405 if they can show documentation proving a licensed doctor prescribed the drug.
Entrapment by Law Enforcement — Entrapment occurs when police persuade someone to commit a drug offense they were not planning to commit. If the idea to possess or accept drugs came from law enforcement, and the person was pressured into it, the defense can argue that the crime would not have happened otherwise.
Flawed or Unreliable Lab Testing — The prosecution must prove that the seized substance is actually a controlled drug. This usually requires chemical analysis by a forensic lab. If the testing was inconclusive, improperly performed, or not handled according to protocol, the results can be challenged. If the substance turns out to be legal or misidentified—like a supplement, hemp product, or legal chemical—the case may fall apart.
Minimal or Trace Amounts of Drugs — Very small quantities of drugs, such as residue in an empty bag or pipe, may not justify a possession charge. Prosecutors may decline to file charges if the amount is too tiny to use. Courts consider whether the drugs were present in a usable amount when deciding if a conviction is appropriate.
Mistaken Identity or False Accusations — Sometimes a person is wrongly accused of possessing drugs. They may be blamed by someone else, confused with another person, or falsely identified as the owner of a vehicle or bag. In these cases, the defense can use evidence such as surveillance footage, eyewitness testimony, or phone records to prove the person had no connection to the drugs.
Limited Medical CBD Exception — Nebraska allows a narrow exception for cannabidiol (CBD) products used to treat certain seizure conditions. Under §§ 28-465 to 28-471, a person may possess CBD if it was dispensed through a University of Nebraska Medical Center program.
Violations of Miranda Rights or Improper Interrogation — If police questioned the accused without reading their Miranda rights, any statements made during that time may be excluded. This also applies if the person asked for a lawyer but was still interrogated. Without these statements, the case may be harder to prove, especially if the drugs were not found directly on the person.
Possession of Legal Hemp — Hemp with a THC level of 0.3% or less is legal under Nebraska Revised Statute § 2-503 and the Nebraska Hemp Farming Act. If law enforcement seizes plant material resembling marijuana, they must test it to confirm the THC level. If it turns out to be hemp, not marijuana, possession charges should be dropped.
Role of a Drug Possession Attorney in Nebraska
When someone hires an experienced Nebraska drug possession attorney to defend against a drug charge, the attorney takes immediate action. They start by reviewing every detail of the arrest—how the drugs were found, whether the search was legal, and whether the client had actual or constructive possession. If the police violated search laws or made assumptions based on location or proximity, the lawyer challenges the evidence. They’ll also examine lab reports and test results to verify whether the substance qualifies as illegal under Nebraska law. If the client had a prescription or legal exception applies, the lawyer brings that forward. Throughout the case, the attorney focuses on reducing the charges, suppressing evidence, or getting the case dismissed when possible. Every move is made with the goal of protecting the client from a conviction and permanent damage to their future.
Frequently Asked Questions About Drug Possession in Nebraska
What happens if a person gets caught with drugs in Nebraska?
They can face misdemeanor or felony charges depending on the type and amount. Penalties range from fines and probation to prison sentences. In some cases, federal drug possession charges might apply, resulting in different penalties under federal law.
Can someone go to jail for marijuana possession in Nebraska?
Yes, incarceration is possible. While possession of small amounts may result in a civil fine for a first offense, larger quantities or repeat offenses can result in jail time or even felony charges.
What is a Class IV felony in Nebraska?
A Class IV felony in Nebraska is punishable by up to two years in prison, followed by 12 months of post-release supervision, and/or a fine of up to $10,000.
Is possession of cocaine a felony in Nebraska?
Yes. Cocaine is classified as a Schedule II controlled substance, and possession of any amount constitutes a Class IV felony under Nebraska law.
Can a person be charged if drugs were in someone else’s car?
Yes, it is possible. If the individual had knowledge of and control over the drugs, they may be charged under the legal concept of constructive possession, even if the drugs did not belong to them.
How is intent to distribute proven in Nebraska?
Intent to distribute is usually inferred from surrounding facts like packaging, large quantities, cash, or communications. Direct evidence is not required.
Do police need a warrant to search a car for drugs?
Not always. Law enforcement may search a vehicle without a warrant if they have probable cause to believe drugs are present, for example, based on sight or smell.
Can prescription drugs lead to charges without a prescription?
Yes. Possessing prescription medications without a valid prescription is illegal in Nebraska and can lead to misdemeanor or felony charges, depending on the specific drug involved.
What is constructive possession?
Constructive possession refers to the legal concept where a person has the power and intent to control an item, even if it is not in their physical possession. It is commonly used in drug-related cases.
Does Nebraska allow medical marijuana?
No. Nebraska does not have a medical marijuana program. However, there is a limited exception for certain cannabidiol (CBD) products used in approved clinical studies.
Additional Resources
28-416: Prohibited Acts; Violations; Penalties (Nebraska Legislature)– This source provides the full statutory text of Nebraska Revised Statute 28-416, detailing criminal offenses related to controlled substances. It explains what acts are prohibited, the legal classifications for violations, penalties, and sentencing guidelines. It also outlines circumstances that increase penalties, such as offenses near schools or involving minors, and covers firearm involvement, forfeiture of property, and related juvenile consequences.
28-405: Controlled Substances; Schedules; Enumerated (Nebraska Legislature) – This source lists the controlled substances under Nebraska law, organized into different schedules. It includes descriptions of opiates, hallucinogens, stimulants, and synthetic drugs, as well as criteria for inclusion.
Lancaster County Nebraska – Narcotics Division – This source explains the role of the Narcotics Prosecution Division in Lancaster County, Nebraska. It outlines the division’s goals to reduce drug abuse and crime through prosecution, diversion programs, and partnerships with law enforcement.
Douglas County Nebraska – Adult Drug Court – This source gives an overview of the Douglas County Adult Drug Court program, which is designed for non-violent felony offenders with substance use issues. It describes eligibility, application procedures, and the court’s focus on treatment instead of incarceration.
Nebraska Supreme Court Committee on Practice and Procedure – This source provides the Nebraska Jury Instructions related to criminal law, specifically definitions of possession and constructive possession. It outlines legal standards for proving a defendant’s control and knowledge of illegal substances.
Drug Policy Alliance – The Drug Policy Alliance (DPA) is a U.S.-based nonprofit organization dedicated to reducing the harms caused by drug use and drug criminalization by advocating for policies grounded in evidence and health. Its primary goal is to shift from punitive, criminal justice–focused approaches to holistic, health-centered strategies that prioritize social supports, community well‑being, and life‑saving harm reduction services. DPA works through policy solutions, organizing, public education, and collaboration with impacted communities, researchers, and policymakers to change laws, improve access to care, and combat stigma. Ultimately, the organization strives to end the “war on drugs” by promoting equitable drug regulation, expanding addiction and harm reduction services, and protecting human rights.
Law Enforfcement Action Partnership (LEAP) – Drug Policy – The Law Enforcement Action Partnership (LEAP) is a U.S.-based nonprofit composed of current and former law enforcement officers, judges, prosecutors, and corrections professionals who advocate for evidence-based reforms to drug policy and criminal justice. Founded in 2002 as “Law Enforcement Against Prohibition” by Retired Police Captain Peter Christ and led early on by executive director Jack A. Cole, the organization works to end the War on Drugs and shift law enforcement resources toward public safety and health‑centered approaches. LEAP’s mission is to mobilize law enforcement voices to support policy changes like harm reduction, alternatives to arrest and incarceration, and improved police–community relations. Through speaking engagements, public education, and collaboration with policymakers, LEAP seeks to reduce violence, addiction, and systemic inequities while building trust and prioritizing community well‑being.
National Center for Drug Abuse Statistics – Drug Related Crime Statistics – This source provides national statistics on drug-related arrests, incarceration, and substance abuse trends. It breaks down data by drug type and offense category, including possession and distribution. The site includes figures on federal and state prison populations and drug court trends.
Hire a Drug Possession Defense Lawyer in Nebraska or Iowa
Drug charges can be difficult to wrangle properly. The defense attorneys at Liberty Law Group are dedicated to protecting your rights and privacy as our client, and to use our knowledge and resources to provide a strong criminal defense strategy for drug-related criminal charges in state courts or federal courts in Nebraska or Iowa.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for a drug related crime, call our firm immediately at 877-42LIBERTY (877-425-4237) to request a free and confidential consultation to discuss the facts of your case.
