Drug Possession Attorney in Lincoln, Nebraska

Local Defense for Drug Possession Charges in Lancaster County

A drug possession charge is one of the most common criminal matters that reaches Lancaster County courts, and it carries consequences that extend far beyond any fine or jail sentence. A conviction can affect employment prospects, housing applications, and professional licenses. Since 2016, Glasz Law has represented Nebraskans facing these charges, and we’re prepared to defend yours. That may mean negotiating before trial or litigating in court.

Being charged isn’t the same as being convicted. The prosecution carries the burden of proof, and there are often meaningful ways to challenge the evidence, the process, or both. Our attorneys look at every angle of your case from the start.

Nebraska Drug Possession Law & Penalties

Under Neb. Rev. Stat. § 28-416, it is unlawful to knowingly or intentionally possess a controlled substance. Even a detectable residue amount can support a charge. Nebraska classifies controlled substances into five schedules under Neb. Rev. Stat. § 28-405, with Schedule I substances considered the most dangerous and carrying the steepest penalties.

Felony Possession Penalties

Simple possession of a Schedule I, II, or III controlled substance other than marijuana is a Class IV felony. That means up to two years in prison, 12 months of post-release supervision, and a fine of up to $10,000. Commonly charged substances include methamphetamine, cocaine, heroin, fentanyl, MDMA, LSD, and prescription drugs like oxycodone or hydrocodone obtained without a valid prescription.

Marijuana Possession Penalties

Marijuana possession follows a separate penalty structure:

• 1 oz or less (first offense): Infraction, up to a $300 fine
• More than 1 oz up to 1 lb: Class III misdemeanor, up to 3 months in jail and a $500 fine
• More than 1 lb: Class IV felony, same penalties as other controlled substances

Marijuana remains a controlled substance in Nebraska regardless of its legal status in neighboring states. Bringing marijuana purchased legally elsewhere into Nebraska is still a crime here. Penalties can also increase if the offense occurs near a school, playground, or other protected location, or if a minor is involved.

Diversion Programs & Drug Court

Lancaster County courts offer pretrial diversion programs and Drug Court under Neb. Rev. Stat. § 24-1302 as potential alternatives to prosecution for eligible defendants, particularly first-time offenders. Whether these options are available depends on the specific facts of your case.

How We Defend Drug Possession Charges in Lincoln

Our defense strategy for drug possession cases starts with a thorough review of how the evidence was gathered. The Fourth Amendment protects against unlawful searches and seizures, and evidence obtained through an illegal stop or search may be suppressible. Challenges to I-80 traffic stops and canine searches are common in Nebraska drug cases. These challenges include questions about whether a detection dog was properly certified and whether its alert actually established probable cause.

Beyond search and seizure issues, several other defense approaches may apply depending on your situation:

• Constructive possession: When drugs are found in a shared vehicle or residence, the prosecution must prove you had both knowledge of and control over the substance. That’s not always easy to establish.
• Lack of knowledge or intent: Nebraska law requires knowing and intentional possession. If you weren’t aware of the substance, that’s a recognized defense.
• Prescription drug circumstances: Charges involving prescription medications can sometimes be contested when a valid prescription exists or when the facts of possession are legally ambiguous.
• Charge reduction or diversion: Where a conviction is a realistic risk, we work to seek reduced charges or pursue diversion program eligibility to limit the long-term impact on your life.

Our goal in every case is the best achievable outcome based on your specific circumstances. That may mean dismissal, acquittal, reduced charges, or a sentencing alternative. No two cases are handled the same way, and we don’t treat them as if they are.