Created by FindLaw's team of legal writers and editors | Last reviewed June 19, 2016
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The trafficking, sale, and possession of cocaine is illegal under federal and state laws. The majority of drug offenses are prosecuted in state courts, including everything from simple possession to sales. The federal Drug Enforcement Agency (DEA), on the other hand, tends to focus on organized crime, large-scale trafficking, and cases that span two or more states. Most states now offer the option of pleading guilty and undergoing substance abuse treatment programs through so-called "drug courts" as an alternative to serving prison time.
Nebraska has relatively tough cocaine laws, with a possible five-year prison sentence for simple possession and mandatory minimum sentences for more serious offenses. See FindLaw's Drug Charges section for more articles.
Drug courts offer non-violent drug offenders the option of entering drug rehabilitation and submitting to regular drug testing instead of serving prison time. In exchange for a more lenient sentence, the offender enters a guilty plea and serves probation. Nebraska drug courts are open to drug offenders with no more than one prior felony offense who agree to receive treatment. Drug courts are administered by each participating county; see the Buffalo County Drug Court information page to learn more.
| Code Section | 28-401, et seq. |
| Possession | Any detectable amount up to 10 g.: Up to 5 yrs. in prison and/or $50,000 fine. |
| Sale (Distribution, Trafficking, or Possession with Intent to Sell) |
10-28 g.: Class 1 D felony (3-50 years); 28-140 g.: Class 1C felony (5-50 years, 5 years mandatory minimum); Over 140 g.: Class 1B felony, crack or cocaine (20 yrs. to life); Class III felony anyone 18 or older who knowingly sells to a minor in, on, or within 1,000 ft. of the real property of a private/public school. From elementary through university or youth centers: Shall be punished by the next higher penalty classification greater than Class B felony |
| Drug Court Available? | Yes, as long as you have no more than one prior felony conviction; have been approved by the County Attorney; and have acknowledged having a substance abuse problem. |
Note: State laws are always subject to change without notice, usually through the enactment of new statutes but sometimes through other means. While we make every effort to maintain the accuracy of these pages, you may want to also contact a Nebraska drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
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