Nebraska Drug Laws: Penalties, Charges & Treatment Options

Nebraska drug laws are codified primarily in the Uniform Controlled Substances Act, found in Neb. Rev. Stat. §§ 28-401 through 28-476. The state classifies controlled substances into five schedules (I through V) under § 28-405, consistent with the federal Controlled Substances Act framework. Schedule I includes substances with high abuse potential and no accepted medical use, while Schedule V covers substances with the lowest abuse potential.

The principal criminal statute is Neb. Rev. Stat. § 28-416, which prohibits the manufacture, distribution, delivery, dispensing, or possession with intent to distribute any controlled substance. Penalties escalate based on the drug's schedule classification and quantity involved. Manufacturing or distributing Schedule I, II, or III exceptionally hazardous drugs (such as heroin, methamphetamine, and fentanyl) is a Class II felony punishable by 1 to 50 years in prison.

Nebraska uses a weight-based sentencing structure for certain drugs under § 28-416 subsections (7) through (10). Possession of 10 grams or more of cocaine, heroin, methamphetamine, or amphetamine triggers mandatory minimum sentences ranging from 3 years (10–28 grams) to 20 years (140+ grams). In 2024, Nebraska updated fentanyl sentencing with similar weight-based thresholds.

Marijuana possession remains illegal in Nebraska, though the state was one of the earliest to partially decriminalize small amounts. Possession of one ounce or less is an infraction (not a criminal offense) punishable by a $300 fine for a first offense. Larger quantities escalate to misdemeanor and felony charges. However, in November 2024, Nebraska voters approved Initiatives 437 and 438, legalizing medical cannabis for qualifying patients with possession of up to 5 ounces. Implementation is ongoing, with regulations expected by mid-2025.

Driving under the influence of drugs or alcohol is prosecuted under Neb. Rev. Stat. § 60-6,196, which prohibits operating a motor vehicle while under the influence of any alcoholic liquor or drug. Nebraska uses implied consent laws under § 60-6,197, and penalties escalate significantly for repeat offenses, including mandatory jail time, license revocation, and ignition interlock device requirements.

Controlled Substance Possession in Nebraska

Nebraska drug possession penalties are primarily governed by Neb. Rev. Stat. § 28-416, with severity depending on the drug's schedule classification and quantity.

Marijuana Possession (§ 28-416(11)–(13))

• 1 oz or less (1st offense): Infraction — $300 fine, possible drug education course. This is not a criminal conviction.
• 1 oz or less (2nd offense): Class IV Misdemeanor — up to 5 days jail, $400 fine.
• 1 oz or less (3rd+ offense): Class IIIA Misdemeanor — up to 7 days jail, $500 fine.
• More than 1 oz but less than 1 lb: Class III Misdemeanor — up to 3 months jail, $500 fine.
• More than 1 lb: Class IV Felony — up to 2 years imprisonment, $10,000 fine.

Other Controlled Substances (§ 28-416(2)–(3))

• Schedule I, II, or III (exceptionally hazardous drug): Class II Felony — 1 to 50 years imprisonment.
• Schedule I, II, or III (other): Class IIA Felony — up to 20 years imprisonment.
• Schedule IV or V: Class IIIA Felony — up to 3 years imprisonment plus 9–18 months post-release supervision.

Weight-Based Enhancements (§ 28-416(7)–(10))

Possession of cocaine, heroin, methamphetamine, or amphetamine in quantities of 10 grams or more triggers mandatory minimum sentences:

• 10g to <28g: Class ID Felony — 3-year mandatory minimum, up to 50 years.
• 28g to <140g: Class IC Felony — 5-year mandatory minimum, up to 50 years.
• 140g or more: Class IB Felony — 20-year mandatory minimum, up to life.

Mandatory Treatment

Under § 28-416(15), any person convicted of a drug violation who is placed on probation must satisfactorily attend and complete appropriate treatment and counseling on drug abuse as a condition of probation.

Neb. Rev. Stat. § 60-6,196

DUI (Driving Under the Influence)

Nebraska prohibits operating or being in actual physical control of a motor vehicle while under the influence of alcoholic liquor or any drug, or with a BAC of 0.08% or more. The law applies equally to alcohol and drugs — there is no separate 'drugged driving' statute.

• 1st Offense — Classification: Class W Misdemeanor
• 2nd Offense — Classification: Class W Misdemeanor
• 3rd Offense — Classification: Class W Misdemeanor
• 4th+ Offense — Classification: Class IIIA Felony

Under Neb. Rev. Stat. § 60-6,197, any person who operates or has actual physical control of a motor vehicle in Nebraska is deemed to have given consent to submit to a chemical test of blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs. Refusal results in automatic license revocation for one year (first refusal) or longer for subsequent refusals.

Nebraska does not have a per se drugged driving limit for specific drugs. Prosecutors must prove the driver was 'under the influence' of a drug based on observable impairment, officer testimony, and toxicology results.

Neb. Rev. Stat. §§ 28-470 through 28-476

Nebraska has a statewide naloxone standing order issued by the Department of Health and Human Services (DHHS), allowing any person to obtain naloxone (Narcan) from a licensed pharmacist without an individual prescription.

Naloxone is available at participating pharmacies statewide. Nebraska treats naloxone as essentially a nonprescription medication, making it one of the more accessible states for naloxone distribution.

Prescribers, dispensers, and individuals who administer naloxone in good faith are provided immunity from civil and criminal liability under the naloxone access provisions.

Despite the standing order, awareness remains limited. Research from the University of Nebraska indicates that while approximately 75% of Nebraskans are aware of naloxone, only about 18% know how to access or use it. As of recent data, approximately 112 pharmacies participate in the naloxone program.

Nebraska operates multiple drug court programs across the state, designed to divert nonviolent, substance-abusing offenders from incarceration into judicially supervised treatment programs. The Douglas County Adult Drug Court, established in April 1997, was the first drug court in Nebraska and the 13th in the nation.

Drug court programs in Nebraska typically span 18 to 24 months and include substance abuse and mental health treatment, frequent court hearings, random urinalysis, case management, and attendance at support groups and treatment sessions. Participants must be willing to engage in a highly structured and supervised program.

Nebraska spends approximately $38,627 per year to incarcerate an offender, while the annual cost per participant in a problem-solving court (including drug courts) is approximately $2,865 — a fraction of incarceration costs.

In addition to drug courts, Nebraska offers pretrial diversion programs managed at the county level. These programs allow first-time or low-risk offenders to avoid formal prosecution by completing requirements such as community service, educational courses, or treatment programs. Upon successful completion, charges may be dismissed. Examples include the Lancaster County Treatment Diversion Program (established April 2021) and the Sarpy County Adult Diversion program.

• Douglas County (Omaha) — Adult Drug Court (est. 1997)
• Lancaster County (Lincoln) — Treatment Diversion Program (est. 2021)
• Sarpy County — Adult Diversion Program

Nebraska imposes mandatory minimum sentences for certain drug offenses, particularly weight-based possession and distribution of cocaine, heroin, methamphetamine, amphetamine, and fentanyl under Neb. Rev. Stat. § 28-416. Persons convicted of offenses carrying mandatory minimums are not eligible for probation.

• Cocaine, heroin, methamphetamine, or amphetamine — Amount: 10 grams to less than 28 grams
  Statute: § 28-416(7)
  Classification: Class ID Felony
  Mandatory Minimum: 3 years
• Cocaine, heroin, methamphetamine, or amphetamine — Amount: 28 grams to less than 140 grams
  Statute: § 28-416(8)
  Classification: Class IC Felony
  Mandatory Minimum: 5 years
• Cocaine, heroin, methamphetamine, or amphetamine — Amount: 140 grams or more
  Statute: § 28-416(9)
  Classification: Class IB Felony
  Mandatory Minimum: 20 years
• Fentanyl — Amount: 10 grams to less than 28 grams
  Statute: § 28-416
  Classification: Class ID Felony
  Mandatory Minimum: 3 years
• Fentanyl — Amount: 28 grams to less than 140 grams
  Statute: § 28-416
  Classification: Class IC Felony
  Mandatory Minimum: 5 years
• Fentanyl — Amount: 140 grams or more
  Statute: § 28-416
  Classification: Class IB Felony
  Mandatory Minimum: 15 years

Manufacturing or distributing a Schedule I, II, or III exceptionally hazardous drug is a Class II felony with a 1-year mandatory minimum sentence. Distribution/manufacturing of other Schedule I–III substances is a Class IIA felony (up to 20 years, no mandatory minimum). A DUI 1st offense carries a mandatory minimum of 7 days imprisonment.

A person convicted of a felony for which a mandatory minimum sentence is prescribed is not eligible for probation under Nebraska law.

Nebraska drug courts offer judicially supervised treatment as an alternative to incarceration for nonviolent substance-abusing offenders. Programs typically last 18–24 months and include substance abuse treatment, mental health services, random drug testing, and regular court appearances.

County-level pretrial diversion programs allow first-time or low-risk offenders to avoid prosecution by completing requirements such as community service, drug education, or treatment programs. Successful completion results in dismissed charges.

Under Neb. Rev. Stat. § 28-416(15), any person convicted of a drug offense who is placed on probation must attend and complete appropriate treatment and counseling on drug abuse as a condition of probation.

Persons sentenced to the Nebraska Department of Correctional Services for drug offenses are required to attend appropriate treatment and counseling on drug abuse during their incarceration.

First-time offenders for marijuana possession of 1 oz or less may be ordered to complete a drug education course as part of their infraction penalty.

2024: Nebraska voters approved Initiative 437 (71% yes) and Initiative 438 (67% yes) in the November 2024 general election, legalizing medical cannabis for qualifying patients. Initiative 437 allows possession of up to 5 ounces with physician certification. Initiative 438 creates the Nebraska Medical Cannabis Commission. Both were certified by Governor Pillen in December 2024, but face ongoing legal challenges in the Nebraska Supreme Court.

2024: Governor Pillen signed legislation updating fentanyl sentencing structures, establishing weight-based mandatory minimums specifically for fentanyl offenses (10–28g: 3-year minimum; 28–140g: 5-year minimum; 140g+: 15-year minimum), recognizing fentanyl's outsized role in the opioid overdose crisis.

2024: The Nebraska Legislature passed additional opioid-related measures, including provisions regarding fentanyl test strips and overdose reporting requirements, as part of broader opioid prevention and treatment efforts.

2021: Lancaster County launched the Treatment Diversion Program in April 2021, focusing on individuals charged with nonviolent felonies — particularly possession of controlled substance cases — and providing evidence-based treatment as an alternative to prosecution.