Drug Possession Attorney in Omaha

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

A drug possession charge in Omaha isn’t just a legal problem. It’s a threat to your job, your housing, your education, and depending on your circumstances, your immigration status. Nebraska prosecutors pursue these charges aggressively, and the earlier you have an attorney in your corner, the more options we have to work with. At Omaha DUI, we handle misdemeanor and felony drug possession charges in both state and federal courts. Since 2016, we’ve helped thousands of Nebraskans fight serious criminal charges, and we take a hands-on, one-on-one approach from the first call to the final resolution.

Your first consultation is free and carries no obligation. Call (402) 543-3754 or contact us online to schedule yours today.

Understanding Drug Possession Charges in Nebraska

Nebraska classifies controlled substances into five Schedules (I through V) under Neb. Rev. Stat. § 28-405, based on their potential for abuse and accepted medical use. Schedule I substances, including heroin, LSD, ecstasy, and marijuana, are considered the most dangerous with no accepted medical use. Schedule V substances carry the lowest abuse potential. Penalties for drug possession vary significantly based on the type and quantity of the substance involved and your prior criminal history. As your drug crimes defense attorneys, we can walk you through exactly what you’re facing and what it could mean for your future.

Common drug possession charges we defend in Omaha include:

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

Penalties for marijuana possession depend on quantity and prior offenses:

• Less than 1 ounce (First Offense): Infraction. Maximum fine of $300. A judge may also order completion of a drug education course.
• Less than 1 ounce (Second Offense): Class IV Misdemeanor. Maximum fine of $500.
• Less than 1 ounce (Third and Subsequent Offense): Class IIIA Misdemeanor. Up to 7 days imprisonment and a maximum fine of $500.
• More than 1 ounce but less than 1 pound: Class III Misdemeanor. Up to 3 months imprisonment and a maximum fine of $500.
• More than 1 pound: Class IV Felony. 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 Schedule I, II, or III controlled substances other than marijuana, possession without a valid prescription is a Class IV Felony. Penalties apply regardless of the amount.

• Any detectable amount: Class IV Felony. Up to 2 years imprisonment, 12 months post-release supervision, and a maximum fine of $10,000. This includes methamphetamine, heroin, cocaine, LSD, and fentanyl.
• Second or subsequent conviction: Enhanced penalties may apply.

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

This charge is always a felony and carries substantially harsher penalties than simple possession. Prosecutors don’t need proof of an actual sale. Large quantities, packaging materials, scales, or incriminating messages can be enough to trigger an intent-to-distribute charge.

• Any detectable amount (general): Class IIA Felony. Up to 20 years imprisonment and a maximum fine of $25,000.
• “Exceptionally Hazardous Drugs” (specific amounts of methamphetamine, cocaine, heroin, or fentanyl): Mandatory minimums escalate with drug weight:
  • Class II Felony: 1–50 years (e.g., less than 10 grams of meth, heroin, or cocaine; any detectable amount of PCP or LSD).
  • Class ID Felony: 3–50 years (e.g., 10–28 grams of meth, heroin, or cocaine).
  • Class IC Felony: 5–50 years (e.g., 28–140 grams of meth, heroin, or cocaine).
  • Class IB Felony: 20 years to life (e.g., 140 grams or more of meth, heroin, or cocaine).
• Other Schedule I, II, or III substances (not exceptionally hazardous): Generally Class IIA Felony (up to 20 years).
• Schedule IV or V substances: Generally Class IIIA Felony (up to 3 years).

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

This covers use or possession with intent to use paraphernalia such as pipes, bongs, scales, syringes, or packaging materials.

• First Offense: Infraction. Maximum fine of $100.
• Additional Convictions: Infraction. 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).

Beyond the sentence itself, a felony drug conviction in Nebraska can cost you your job, limit your housing options, jeopardize professional licenses, and trigger immigration consequences. The stakes are high, and the law is complicated. Don’t face it without an attorney who knows how to fight these charges.