Felony marijuana crimes in Nebraska involve serious charges related to marijuana (also known as cannabis). These charges typically include either “big player” charges like manufacturing, growing, or distribution, or possession in very large quantities.
- Omaha Attorney for Felony Marijuana Charges
- What Is Marijuana Under Nebraska Law?
- Penalties for Felony Marijuana Crimes
- Non-Jail Alternatives in Nebraska
- Defenses in Felony Marijuana Cases
- What Felony Marijuana Lawyers Do
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Felony Marijuana Charges in Douglas County, NE
Omaha Attorney for Felony Marijuana Charges
If you have been charged with a felony marijuana charge, know that you could be facing years in prison. However, this doesn’t have to be the case.
Liberty Law Group is an experienced group of attorneys that defend against all manner of drug crimes, including felony-level offenses.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
What Is Marijuana Under Nebraska Law?
Nebraska Revised Statute 28-401 defines marijuana as including all parts of the cannabis plant, seeds, and compounds derived from the plant or seeds. Exceptions include:
- Mature stalks
- Hashish
- Tetrahydrocannabinols (THC) extracted from the plant
- Fiber from the stalks
- Oil or cake from the seeds
- Compounds from mature stalks
- Sterilized seeds incapable of germination
- Cannabidiol (CBD) in FDA-approved drug products
Possession: In felony possession cases, the prosecutor must prove that the defendant knowingly or intentionally possessed more than one pound of marijuana. Direct possession occurs when marijuana is found on the defendant’s person or within immediate reach, while constructive possession refers to marijuana found in a place under the defendant’s control, such as a vehicle they were driving.
Intent to Distribute, Deliver, or Manufacture: Intent to distribute, deliver, or manufacture marijuana can be inferred from:
- Large quantities of marijuana
- The way it is packaged
- Possession of distribution tools such as scales
- The presence of large amounts of cash
Penalties for Felony Marijuana Crimes
| Classification of Offense | Penalties |
|---|---|
| Class IV Felony (Possession over 1 pound) | Up to 2 years in prison, 9-12 months of post-release supervision, and/or a fine of up to $10,000. |
| Class IIA Felony (Manufacturing or distributing marijuana) | 0-20 years in prison. |
| Enhanced penalties (distribution near schools or minors) | Elevated to a higher felony class, resulting in more severe penalties. |
Non-Jail Alternatives in Nebraska
Probation: Allows the defendant to stay in the community while under supervision, provided they meet specific conditions like avoiding illegal activities and attending drug counseling.
Diversion Programs: Available in certain counties, including Lancaster County, diversion programs provide treatment and rehabilitation options to avoid a criminal record upon successful completion.
Adult Drug Court: For those who plead guilty to felony marijuana charges, drug court offers a program lasting up to 24 months, including:
- Substance abuse treatment
- Mental health services
- Random drug testing
- Frequent court hearings
- Participation in support groups
Defenses in Felony Marijuana Cases
- Illegal Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement obtained evidence without a valid warrant or lacked probable cause, the defense may seek to have the evidence excluded from the case.
- Challenging Possession: It can be argued that the marijuana in question did not belong to the defendant or that they were unaware of its presence. In situations where the marijuana was found in a shared space, such as a vehicle with multiple occupants, the defense may claim that it belonged to someone else.
- Lack of Intent: In cases where the quantity of marijuana suggests an intent to distribute, the defense may assert that the substance was intended for personal use only, countering any assumptions made by the prosecution.
- Entrapment: If law enforcement persuaded or coerced the defendant into committing a crime they would not have otherwise committed, the defense could argue entrapment, asserting that the actions were not taken of the defendant’s own volition.
- Misidentification: In cases involving surveillance or undercover operations, the defense can challenge the reliability of the identification. By presenting alibi witnesses or highlighting discrepancies in the prosecution’s evidence, the defense may argue that the defendant was wrongfully identified as the perpetrator.
What Felony Marijuana Lawyers Do
- Case Review: Your lawyer assesses the case details, including the evidence and any statements made by law enforcement, to identify weaknesses or inconsistencies in the prosecution’s argument.
- Explaining the Legal Process: They make sure you fully understand the charges, the legal process, and potential outcomes.
- Building a Defense: A strong defense involves gathering evidence, interviewing witnesses, and looking for procedural errors or violations of your rights.
- Negotiating with the Prosecution: A key role for your lawyer is to negotiate with the prosecution to reduce charges or secure a plea deal that minimizes penalties, such as arguing for probation or a diversion program.
- Court Representation: Your lawyer prepares you for court and advocates for you during the trial, aiming to achieve the best possible outcome, whether that is a reduced sentence, an alternative penalty, or dismissal of charges.
Frequently Asked Questions
What penalties can I face for felony marijuana possession? Penalties include up to two years in prison, fines up to $10,000, and post-release supervision.
What specific Nebraska laws relate to felony marijuana crimes? Nebraska Revised Statute 28-416 governs marijuana-related felony offenses, including possession, distribution, and manufacturing.
What does Nebraska law define as marijuana? Under Nebraska Revised Statute 28-401, marijuana includes cannabis plant parts, seeds, and compounds with exceptions like stalks and FDA-approved cannabidiol.
What defenses are available for felony marijuana charges? Defenses include illegal search, lack of possession, lack of intent, entrapment, or misidentification in marijuana-related activities.
What role does intent play in felony marijuana charges? Intent to distribute or manufacture inferred from circumstances like packaging or cash can elevate charges to a felony.
Will I go to jail for a felony marijuana conviction? Not necessarily. Non-jail alternatives include probation, drug diversion programs, and Adult Drug Court focusing on rehabilitation instead of incarceration.
Can I be charged with felony marijuana for personal use? If possession exceeds one pound or intent to distribute is proven, even personal use can result in felony charges.
What is constructive possession of marijuana? Constructive possession means controlling the area where marijuana is found, even if it’s not physically on the person.
Can felony marijuana charges be dropped or reduced? A skilled defense lawyer can negotiate to reduce charges, seek alternative sentencing, or highlight procedural errors for case dismissal.
What is Adult Drug Court and how can it help? Adult Drug Court offers treatment-focused alternatives for non-violent drug offenders aiming for rehabilitation and reduced reoffending.
What does a felony marijuana defense lawyer do? Defense lawyers review evidence, challenge charges, negotiate with prosecutors, and build strategies to minimize penalties or dismiss charges.
Additional Resources
- Nebraska Felony Marijuana Laws: Nebraska Revised Statute 28-416 details marijuana-related offenses, including manufacture, distribution, and possession of large quantities.
- Nebraska Marijuana Laws in 2024: This page provides an overview of Nebraska’s current marijuana laws and the state’s refusal to decriminalize marijuana even for medical use.
- Douglas County Adult Drug Court: This Omaha-based program offers a rehabilitation-focused alternative to jail for non-violent drug offenders.
- Federal Marijuana Penalties: Federal law still imposes harsh penalties for marijuana-related crimes regardless of state laws. This includes mandatory minimum sentences for activities such as cultivation and distribution.
Hire an Attorney for Felony Marijuana Charges in Douglas County, NE
The skilled team at Liberty Law Group is ready to build your defense against all drug crimes, including drug manufacturing.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
