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Nebraska Drug Possession Law

Nebraska Drug Possession Defense

What you're facing under Neb. Rev. Stat. § 28-416(3), how the penalties scale, and the questions your attorney needs to answer, specific to Nebraska (NE) law.

Offense Class

Class IV Felony (most substances); Infraction/Misdemeanor (marijuana, small amounts)

Maximum Penalty

5 years (Class IV Felony)

Maximum Fine

$10,000

Penalty Range in Nebraska

StatuteNeb. Rev. Stat. § 28-416(3) — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty5 years (Class IV Felony)
Maximum Fine$10,000

Charge Enhancements

These factors can elevate the charge or penalty in Nebraska:

  • Possession near a school, playground, or youth center (enhanced penalty)
  • Prior drug conviction

Nebraska-Specific Detail

Nebraska classifies most controlled substance possession as a Class IV Felony. Marijuana has separate, lesser provisions. Drug court diversion may be available.

Is your Nebraska drug case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to drug-possession cases. Takes 2 minutes. Instant results.

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Nebraska defendants.

Important: This page provides legal INFORMATION about Nebraska drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.