Nebraska Heroin Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 19, 2016

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Trafficking, selling, and possessing heroin and other opiates is illegal under federal and state laws. Since heroin is a Schedule I drug under federal and most state laws, offenses involving the powerful narcotic typically come with severe sentences (although more states are moving toward a harm-reduction approach). The federal Drug Enforcement Agency (DEA) focuses primarily on organized crime and larger cases that span two or more states, while states handle possession and smaller-scale dealing. The majority of states offer the option of "drug court," in which the defendant pleads guilty and agrees to a monitored period of drug rehabilitation instead of prison time.

Nebraska Heroin Laws at a Glance

Nebraska's heroin laws are quite severe, as possession of even a very tiny amount of heroin is charged as a Class IV felony, which carries a possible five-year prison sentence and up to $10,000 in fines. Additional details of Nebraska's heroin laws are listed below. See FindLaw's Drug Charges section for more articles.

Code Section 28-401, et seq.
Possession Class IV felony (any detectable amount)
Sale 28-100 g.: Class 1D felony; 100-500 g.: Class 1C felony; Over 500 g.: Class 1B felony; Class felony: anyone 18 yrs. 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 level to university or a youth center shall be punished by the best higher penalty classification greater than class B felony
Trafficking -
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 at any time, usually through the signing and enactment of new legislation but also through ballot initiatives and other means. You should contact a Nebraska drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.

Avoiding Prison: Nebraska Drug Court

Drug courts offer non-violent drug offenders the option of entering drug rehabilitation and submitting to regular drug testing instead of serving prison time. 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.

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Nebraska Heroin Laws: Related Resources

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