Drug Possession Attorney in Omaha

Arrested for Drug Possession in Omaha? We’re Ready to Fight for You

Facing drug possession charges in Omaha can be daunting. At Omaha DUI, we provide compassionate and personalized legal representation to help you navigate these challenges effectively. Our experienced drug crimes defense attorneys are dedicated to understanding your unique situation and offering tailored strategies designed to protect your rights.

Contact a trusted drug possession attorney in Omaha today. We’ll review your case and fight for the best possible outcome. Call (402) 543-3754 now or contact us online to schedule your consultation.

Understanding Drug Possession Charges in Nebraska

Nebraska law categorizes controlled substances into five "Schedules" (I through V), based on their potential for abuse and accepted medical use. Schedule I drugs are considered the most dangerous with no accepted medical use (e.g., heroin, LSD, ecstasy, marijuana). Schedule V drugs have the lowest potential for abuse. 

The penalties for drug possession in Nebraska vary significantly based on the type and quantity of the substance involved, and your prior criminal history. As your drug possession lawyer in Omaha, we will ensure you understand the specific charges you are facing and their potential ramifications under Nebraska law.

Common drug possession charges we defend in Omaha include, but are not limited to:

Possession of Marijuana (Neb. Rev. Stat. § 28-416(11))

Penalties for marijuana possession depend heavily on the quantity and prior offenses:

• Less than 1 ounce (First Offense): This is classified as an Infraction. Punishable by a maximum fine of $300. The judge may order completion of a drug education course. (Officers typically issue a citation and release for this).
• Less than 1 ounce (Second Offense): Class IV Misdemeanor. Punishable by up to 5 days imprisonment and a maximum fine of $500.
• Less than 1 ounce (Third and Subsequent Offense): Class IIIA Misdemeanor. Punishable by up to 7 days imprisonment and a maximum fine of $500.
• More than 1 ounce but less than 1 pound: Class III Misdemeanor. Punishable by up to 3 months imprisonment and a maximum fine of $500.
• More than 1 pound: Class IV Felony. Punishable by up to 2 years imprisonment, 12 months post-release supervision, and a maximum fine of $10,000.

Possession of Controlled Substances (Not Marijuana) (Neb. Rev. Stat. § 28-416(3))

For most controlled substances (excluding marijuana) listed in Schedule I, II, III, IV, or V, the penalties for possession are generally the same, regardless of the amount.

• Any detectable amount: This is typically a Class IV Felony. Punishable by up to 2 years imprisonment, 12 months post-release supervision, and a maximum fine of $10,000. This includes common Schedule I/II drugs like methamphetamine, heroin, cocaine, LSD, and fentanyl.
• Increased Penalties for Subsequent Offenses: For a second or subsequent conviction for possession of a controlled substance (not marijuana), the penalties may be enhanced.

Possession with Intent to Distribute / Manufacture / Deliver (Neb. Rev. Stat. § 28-416(1))

This is a significantly more serious offense than simple possession and is always a felony. The severity level (and thus potential prison time and fines) depends heavily on the type and quantity of the drug involved. Even if no actual sale occurred, factors like large quantities, packaging materials, scales, or text messages can lead to an "intent to distribute" charge.

• Any detectable amount (general): This is generally a Class IIA Felony. Punishable by up to 20 years imprisonment and a maximum fine of $25,000.
• "Exceptionally Hazardous Drugs" (e.g., specific amounts of Methamphetamine, Cocaine, Heroin, Fentanyl): These carry significantly harsher mandatory minimum sentences and can be classified as:
  • Class II Felony: 1 to 50 years imprisonment (e.g., less than 10 grams of meth/heroin/cocaine, any detectable amount of PCP, LSD).
  • Class ID Felony: 3 to 50 years imprisonment (e.g., 10 to 28 grams of meth/heroin/cocaine).
  • Class IC Felony: 5 to 50 years imprisonment (e.g., 28 to 140 grams of meth/heroin/cocaine).
  • Class IB Felony: 20 years to life imprisonment (e.g., 140 grams or more of meth/heroin/cocaine).
• Penalties for other Schedule I, II, III (not exceptionally hazardous): Generally Class IIA Felony (up to 20 years).
• Penalties for Schedule IV or V drugs (possession with intent): Generally Class IIIA Felony (up to 3 years imprisonment).

Possession of Drug Paraphernalia (Neb. Rev. Stat. § 28-441)

This involves the use or possession with intent to use drug paraphernalia (e.g., pipes, bongs, scales, syringes, packaging materials).

• First Offense: An Infraction. Punishable by a maximum fine of $100.
• Additional Convictions: Infraction. Punishable by fines of $200-$500.
• Sale of Paraphernalia: Class II Misdemeanor (up to 6 months imprisonment, up to $1,000 fine).
• Sale to a Minor: Class I Misdemeanor (up to 1 year imprisonment, up to $1,000 fine).

The specific nuances of each charge and the possibility of severe felony enhancements, particularly for possession of controlled substances, intent to distribute, or trafficking, highlight why a diligent drug possession lawyer in Omaha is absolutely necessary.