Controlled Substances--Prohibited Acts: (28-416)

1. Unlawful Distribution and Manufacture.
   • Elements:
     1. Except when legally authorized (i.e., when distributor is registered or when it is pursuant to a proper prescription), it is unlawful for any person knowingly or intentionally;
     2. to manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver or
     3. distribute, deliver or dispense a counterfeit controlled substance.
   • Classification:
     1. Violation of this section with respect to controlled substances classified in Schedule I, II and/or III which is an exceptionally hazardous drug--Class II Felony.
     2. Violation of this section with respect to any other controlled substance classified in Schedule I, II or II--Class III Felony.
     3. Violation of this section with respect to a controlled substance classified in Schedule IV or V--Class IV Felony.
2. Possession of Controlled Substance
   • Elements:
     1. Any person who knowingly or intentionally possesses a controlled substance;
     2. Except marijuana;
     3. Unless such substance was obtained directly from or pursuant to a prescription from a physician while acting in his professional practice;
     4. or otherwise authorized.
   • Classification: Class IV Felony.
3. Possession of Marijuana--more than one pound
   • Elements: Any person knowingly or intentionally possessing marijuana weighing more than one pound.
   • Classification: Class IV Felony.
4. Any person knowingly or intentionally possessing cocaine or any mixture of substance containing a detectable amount of cocaine or (crack).
   • Classification: Class IC Felony (7 or more ounces) (28 grams or more of crack) Class ID Felony (1 to 7 ounces) (10 to 28 grams of crack)
5. Possession of Marijuana--more than one ounce but less than one pound.
   • Elements: Any person knowingly or intentionally possessing marijuana weighing more than one ounce but less than one pound.
   • Classification: Class III Misdemeanor.
6. Possession of Marijuana--one ounce or less.
   • Elements: Any person knowingly or intentionally possessing marijuana weighing one ounce or less.
   • Classification:
     1. First Offense: An Infraction, receive a citation, $100 fine, and at the Court's discretion, be required to attend a course of instruction relating to the effects of drug abuse.
     2. Second Offense: Class IV Misdemeanor, receive a citation, $200 fine and may be imprisoned up to 5 days.
     3. Third and Subsequent: Class IIIA Misdemeanor, receive a citation, $300 fine and imprisonment for up to 7 days. If a person is placed on probation as a condition of probation, he or she shall satisfactorily attend and complete appropriate treatment and counseling on drug abuse.

Delivering Imitation Controlled Substance (28-445)

1. Elements:
   1. any person who knowingly and intentionally manufactures, distributes, delivers, or possesses with intent to distribute or deliver an imitation controlled substance.
2. Classification:
   1. First Offense: Class III Misdemeanor
   2. Second and all Subsequent Offenses: Class II Misdemeanor
   3. Note: In determining whether a substance is an imitation controlled substance, the following are relevant factors but are not limited to:
      • Similar packaging, quantity, appearance and effect to the illicit controlled substance;
      • A per dosage unit price which is excessive;
      • Representations made in deceptively similar terminology, and
      • Whether the substance, under circumstances which indicate the distributor knows, intends, or should know that the distributee is making or will make such representations.

Unlawful Acts by a Registrant: (28-417)

1. Elements: It is unlawful for any person and anyone who is a registrant, i.e. any person who manufactures, prescribes, distributes, administers or dispenses any controlled substance within this state or who proposes to engage in the manufacture, prescribing, administering, distribution or dispensing of any controlled substance within this state, who obtains annually a registration issued by the Bureau of Examining Boards in accordance with the rules and regulations promulgated by the department:
   1. to manufacture a controlled substance not authorized by his registration or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
   2. to omit, remove, alter or obliterate a symbol required by the Federal Controlled Dangerous Substances Act or required by the laws of this state;
   3. to alter, deface or remove any label affixed to a package of narcotic drugs;
   4. to refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this article;
   5. to refuse any entry into any premises for inspection authorized by the provisions of this article;
   6. to keep or maintain any store, shop, warehouse, dwelling, house, building, vehicle, boat, aircraft or any place whatever, which is resorted to by persons using controlled substances in violation of the provisions of this article for the purpose of using such substances or which is used for the keeping or selling of the same in violation of the provisions of this article;
   7. to whom or for whose use any controlled substance has been prescribed, sold or dispensed by a practitioner or the owner of any animal for which any such substance has been prescribed, sold or dispensed by a veterinarian to possess it in a container other than which it was delivered to him by the practitioner; or
   8. to be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings.
2. Classification: Class III Misdemeanor.

Controlled Substances -- Intentional Violations: (28-418)

1. Elements: It is unlawful for any person or a registrant, knowingly or intentionally:
   1. to use a false or revoked registration number in the manufacture or distribution of a controlled substance;
   2. to acquire or obtain or attempt to acquire or obtain a controlled substance by theft misrepresentation, fraud, forgery or deception;
   3. to omit or give false information in any report required by this Act;
   4. to falsify any trade name or mark on any drug or container which would render such a drug a counterfeit controlled substance;
   5. who is a registrant to distribute Schedule I or II controlled substances unless pursuant to an order form as defined in the Code.
2. Classification: Class IV Felony.

Causing to be Used or Delivering Prohibited Compounds or Liquids: (28-419 and 420)

1. Elements:
   1. No person shall induce or entice any person to breathe, inhale or drink any compound, liquid or chemical as defined by this Code.
   2. No person shall knowingly sell or offer for sale, deliver or give to any person any compound, liquid or chemical or any other substance which will induce an intoxicated condition as defined in this Code, when the seller, offerer or deliverer knows or has reason to know that such compound is intended for use to induce such condition.
2. Classification: Class III Misdemeanor.

More Information

Health Risks
Standard of Conduct and Disciplinary Sanctions
Drug and Alcohol Centers Information and Referral Offices Half-Way House Re-Entry Programs