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Omaha Drug Crime Attorney

Drug Laws in Nebraska

If you’re caught with any kind of controlled substance or unauthorized prescription drugs, your first action should be to contact Scarff Law Firm. Your case will get the attention to detail and commitment you deserve. Our Omaha drug crime defense lawyer has considerable skill and experience as a trial lawyer, as acknowledged by the National Trial Lawyers organization.

Our firm understands the high stakes involved in drug crime accusations and will explore all legal avenues to help you in seeking a positive outcome.

Arrested for drugs? Your initial consultation with at Scarff Law Firm is free! Call (402) 267-9774 or contact online to arrange to speak to our attorney as soon as possible.

What are the Penalties for Drug Crimes?

If you have been found in possession of any controlled substance in or around Omaha, you need to understand the consequences you could be facing. Nebraska has some of the toughest drug laws in the country. You could be looking at substantial jail time, large fines and more. While you can legally buy recreational marijuana next-door in Colorado, it is still prohibited in Nebraska and can bring misdemeanor or felony charges, depending on the circumstances.

Other narcotics and illegal drugs found in your possession can also result in felony charges leaving you with a permanent criminal record that can be destructive to your future.

Drug Schedules in Nebraska

As in other states, Nebraska has classified drugs into “schedules” according to their potential for abuse and addiction as well as their medical value. Schedule I and II drugs like heroin, cocaine, and methamphetamine are considered the most dangerous with no medical value. These drugs carry the most severe penalties.

However, how you are charged in any drug crime depends not only on the Schedule the drug falls into but the quantity you are found with, your previous convictions, and other factors that can be considered to elevate charges and penalties.

For example, being in possession of less than 28 grams of cocaine is generally charged as a Class 1D felony punishable by a three-year mandatory minimum sentence while being found with 140 grams can lead to Class 1B felony charges punishable by up to life in prison. If found with a gun in your possession as well at the time, you may also be charged with a higher-level offense.

Furthermore, another aggravating factor would be if you were found in possession of drugs near a school, college, or playground, or otherwise your offense involved minors.

What are the Penalties for Possession of Marijuana in Nebraska?

Marijuana has its own set of penalties based on how much of the substance is involved in your offense.

  • Being found with one ounce or less in a first offense is considered an infraction only carrying a $300 fine.
  • A second offense of this amount will be charged as a misdemeanor carrying penalties of five days in jail and/or fines of up to $500.
  • A third offense of this amount will increase jail time to up to seven days.
  • Possession of more than an ounce up to a pound of marijuana is a misdemeanor punishable by up to three months in jail and/or fines of up to $500.
  • Possession of more than a pound is charged as a felony carrying penalties of up to five years in prison with fines of up to $10,000.

Other Drug Crimes

Possession of large quantities of illegal drugs is generally charged as possession with intent to sell/distribute which carries more severe penalties than simple possession for one’s own use.

Other crimes with steeper penalties include:

  • Possession of drug paraphernalia

  • Drug sales and drug sales to minors

  • Drug manufacture as in methamphetamine labs

  • Drug cultivation as in marijuana farms

  • Drug trafficking, as in transporting drugs across state lines

Talk to Our Attorney about Your Case

Depending on your circumstances, your case may be diverted to Drug Court which is intended to help rehabilitate substance abusers. Other options may be available to you in the face of drug charges but you will need the knowledge and skills of a proven criminal defense attorney in your corner at the earliest opportunity.

Reach out to our Omaha drug crime lawyer online or at (402) 267-9774 to learn more about where you stand and what can be done to defend you today.

Case Results

Fully Invested in Obtaining a Positive Outcome
  • Aggravated DUI with Drugs Charges Reduced
  • Felony Possession Charges Reduced
  • First Degree Sexual Assault Case Dismissed
  • First Degree Domestic Violence with a Handgun Case Dismissed
  • First Degree Domestic Violence Charges Reduced
  • Aggravated DUI Charges Reduced
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Feedback from Former Clients

Read What People Had to Say
  • “I was facing serious charges and he helped me feel better about it as soon as I met with him.”

    - James F.
  • “I am sincerely grateful for attorney James Scarff and recommend his services with the highest regards!”

    - Susie B.
  • “I couldn’t have asked for a better person to handle my life at such a difficult time.”

    - Michele S.

Why Choose Scarff Law Firm?

Hire an Attorney Who's Fully Invested
  • Success at the State Supreme Court Level
  • Versatile Experience in Multiple Practice Areas
  • Dedicated to Getting the Best Possible Outcome
  • Work Directly with Attorney James Scarff