Police are enforcing Nebraska drug crimes and prosecuting felony rug cases

Possession of Marijuana or THC in Nebraska

Marijuana and THC are controlled substances in Nebraska. If you have been charged with a marijuana or THC crime in Nebraska, talk to an attorney immediately at (402) 643-5427

Possession of even small amounts of Marijuana or THC in Nebraska can lead to serious felony charges. Drug cases can lead to prison or a criminal record. Nebraska state law makes it a crime to possess less than an ounce of Marijuana, and possession of THC in Nebraska is a felony. Nebraska drug crimes are serious offenses. 

The Nebraska Statute that governs controlled substances is Neb. Rev. Stat. § 28-416 which states that intentionally possessing a controlled substance, except for marijuana and Schedule I controlled substances, is a Class IV felony. A conviction for a Class IV felony can result in a maximum of two years of incarceration and 12 months of post-release supervision, a $10,000 fine, or both. 

How Does Nebraska Classify Controlled Substances?

Nebraska divides controlled substances into five schedules—Schedules I to V. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule V drugs are the least dangerous and the least addictive. Below are some examples of drugs placed into each schedule.

Schedule I drugs include drugs such as Heroin, Marijuana, and Psilocybin.

Schedule II drugs include drugs such as Opium, Codeine, Hydrocodone, Morphine, Fentanyl, Methadone and Methamphetamine.  

For a complete list of scheduled drugs, consult section 28-405 in the most recent version of the Nebraska Revised Statutes. Neb. Rev. Stat. § 28-405 (2024).

What Happens if I am Arrested for a Drug Crime in Nebraska?

If you are arrested for a drug crime in Nebraska, you will typically go to jail immediately. In some counties, the arresting officer may give you citation and tell you to appear at a later date and time. Getting a citation frequently happens in Seward County, York County, Hamilton County, Butler County and Fillmore County. In other counties, you may be arrested. If you are arrested in Lancaster County, you will see a judge on the first business day after your arrest. If you are arrested in Seward County, York County, Hamilton County, Butler County or Fillmore County, those counties only have court one time per week so you may have to wait several days before you see a judge. 

Once you are arrested and see a judge, the judge will do three things:

· Advise you of the charges,

· Advise you of the possible penalties,

· Advise you of your constitutional rights

· Set a bond

How to Post Bond in Nebraska

In order to post bond to get released in Nebraska, you have to pay money to the Court. The amount you have to pay is ten percent (10%) of the bond amount. So if the bond amount if $50,000.00, you will have to post ten percent (10%) of $50,000 (or $5,000) to be released. 

May small counties such as Seward County, York County, Butler County, Hamilton County and Fillmore County do not have ways to post bond online. That means you must physically go to the Courthouse in those counties in order to post bond. 

You can certainly hire an attorney to help you post bond if you cannot easily travel to Nebraska. 

What Happens after Bond is Posted in Nebraska

Once bond is posed, the Defendant will be released from jail. It usually takes 1-4 hours to be released from jail. The Defendant will receive a piece of paper upon release which informs him or her of the next court date. The Defendant MUST appear in Nebraska at the next court date unless he or she hires an attorney and the attorney makes arrangements for the Defendant. 

CONTACT A NEBRASKA ATTORNEY

If you or someone else has been arrested for a crime in Nebraska, contact an attorney at Wythers Law immediately at (402) 643-5427. 

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