Lincoln Drug Trafficking Attorneys

Drug Trafficking Laws in Nebraska

In Nebraska, drug crimes are serious criminal offenses, and drug trafficking is no different. Drug trafficking, or the distribution of a controlled substance, is charged when an individual allegedly possesses a controlled substance with the intent to sell or otherwise distribute the controlled substance. This is determined based on the weight of the substance(s) allegedly in the offender’s possession. 

Drug trafficking is a very serious crime in Nebraska; a conviction can result in a lengthy prison sentence, thousands of dollars in fines, and other harsh consequences. Additionally, if you are convicted of drug trafficking, you will have a permanent criminal record, which can negatively impact everything from your ability to obtain a job or housing to your reputation and future opportunities. 

At Glasz Law, we help clients who have been charged with drug trafficking fight to protect their rights, their freedom, and their futures. We understand what is at stake, and we are ready to aggressively advocate for you. 

For a free and confidential consultation with our Lincoln drug trafficking attorneys, call (402) 624-4637 or reach us online using our secure contact form.

Is Drug Trafficking a Felony or Misdemeanor in Nebraska? 

Possessing a controlled substance with the intent to distribute—i.e., drug trafficking—is typically charged as a felony in the state of Nebraska. The severity of the charge depends on several factors, including the type of controlled substance allegedly in the offender’s possession, as well as its weight. 

For example, drug trafficking may be charged in the following ways under the given circumstances: 

• Class II Felony: If the controlled substance is considered an “exceptionally hazardous drug” based on its drug schedule and the legal definition, drug trafficking will be charged as a Class II felony. Exceptionally hazardous drugs include certain substances classified as Schedule I, II, or III drugs, such as methamphetamine, heroin, and cocaine. 
• Class IIA Felony: If the controlled substance is a Schedule I, II, or III drug, but it is not considered an “exceptionally hazardous drug,” trafficking will be charged as a Class IIA felony. The law defines an “exceptionally hazardous drug” as “a narcotic drug, thiophene analog of phencyclidine, phencyclidine, amobarbital, secobarbital, pentobarbital, amphetamine, or methamphetamine.”
• Class IIIA Felony: Drug trafficking is typically charged as a Class IIIA felony if the controlled substance is classified as a Schedule IV or V drug. This includes certain prescription medications, such as Xanax, Ativan, Klonopin, and Valium, as well as marijuana.

The weight of the controlled substance may also contribute to the charges. In any case, felony drug charges are very serious. If you have been arrested for drug trafficking in Lincoln or anywhere in Nebraska, you need an experienced and aggressive criminal defense lawyer by your side. Contact Glasz Law today to learn how we can help. 

Can You Buy Marijuana in Another State & Bring It into Nebraska? 

Although medical and recreational marijuana use has been legalized in several states, including neighboring Colorado, it remains a controlled substance in the state of Nebraska. In fact, Nebraska is one of just two states that have not legalized medical marijuana. Recreational marijuana remains illegal, as well. 

Even if you legally purchase medical or recreational marijuana in another state, it is illegal to bring it into Nebraska. Recently, law enforcement has cracked down on drug trafficking, including the transportation of marijuana, along I-80 and in other areas of the state. I-80 is widely considered a hub for drug trafficking by the police, and law enforcement officers have been known to stop vehicles they believe are transporting controlled substances along the route. 

Can a Police Officer Search Your Vehicle? 

If you are stopped by law enforcement on I-80 or anywhere in Nebraska, you do not have to consent to a search of your vehicle without a written and signed warrant. The Fourth Amendment to the U.S. Constitution protects you from unreasonable search and seizure, but traffic stops do not constitute a “seizure,” as determined by the U.S. Supreme Court. 

In other words, an officer may pull you over for any reason at all, including simply having a “hunch” that you are involved in drug trafficking (or another crime). However, the officer may not prolong the traffic stop or detain you unlawfully. In most cases, they must issue a citation (or warning) promptly and then allow you to leave. 

The only way an officer can keep you at the scene and search your vehicle is if:

• You continue talking to the police officer 
• You consent to a search of your vehicle 
• There is evidence of a crime “in plain view,” such as drugs or drug paraphernalia sitting out on the passenger seat of your vehicle 
• The officer has “probable cause” or “reasonable suspicion” that you have either already violated the law or that you are currently committing a crime 

Note that if a police officer believes they have a valid reason to search your car, they will do so. While you cannot stop a police officer from searching your vehicle in the moment, you can clearly state that you do not consent to a search of your personal property. This may help establish that your rights were violated, which could result in any evidence gathered during the search being thrown out.