Cannabis concentrates crimes in Nebraska involve the illegal production, possession, distribution, or sale of marijuana extracts, such as vapes, dabs, wax, or shatter.
These extracts contain higher concentrations of THC (tetrahydrocannabinol), the psychoactive compound responsible for the “high” associated with cannabis use. Being found guilty of these offenses often results in severe penalties such as jail terms, fines, and a criminal record.
Lincoln Cannabis Concentrates Criminal Defense Attorneys
While the rise of “vape pens” and dela-8 gummies, many believe that THC concentrates may be legal, as they do not look like marijuana. However, this is incorrect. And whether you purchased a product containing THC concentrate mistakenly or because you believed it was legal, if you were arrested you need an attorney.
The skilled team at Liberty Law Group is ready to build your defense against all drug crimes including those related to cannabis concentrates.
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.
Information Center
- What Are Cannabis Concentrates?
- Types of Marijuana Concentrates Offenses
- Penalties for Cannabis Concentrates Crimes
- Non-Jail Alternatives in Nebraska
- Defenses to Cannabis Concentrates Crimes
- Role of a Cannabis Concentrates Defense Lawyer
- Additional Resources
- How a Defense Attorney Can Help
- Hire a Defense Attorney for Cannabis Concentrates Crimes in Omaha, Nebraska
What Are Cannabis Concentrates?
Cannabis concentrates refer to substances derived from the cannabis plant that contain high levels of THC. Under Nebraska law, these include any product where the separated resin from the cannabis plant has been concentrated, purified, or otherwise prepared to enhance its potency.
- Types of Cannabis Concentrates: Vapes, oils, waxes, shatters, and other THC-rich substances that are processed to increase their potency.
- What’s Not Included: CBD is recognized for its therapeutic properties and does not have the psychoactive effects of THC, which is why it is regulated separately under Nebraska law. Hemp is also not included.
Types of Marijuana Concentrates Offenses
- Possession: The prosecutor must demonstrate that the defendant had control over the cannabis concentrate, either through actual possession (having it on their person) or constructive possession (the substance being in a location under their control, such as their home or vehicle).
- Manufacture: Manufacturing refers to any involvement in the production or preparation of cannabis concentrates, including processes like extraction, chemical synthesis, or packaging with the intent to produce a consumable concentrate. For example, if an individual is found using solvents to extract THC from cannabis plants, this would be considered manufacturing under Nebraska law.
- Distribution or Delivery: The prosecutor must establish that the defendant intentionally transferred, or attempted to transfer, cannabis concentrates to another person. This could involve a sale or simply giving the product to another individual. The intent to distribute may be demonstrated through communication records, transactions, or observed transfers of the substance.
- Knowledge: The defendant must have known that the substance was a cannabis concentrate and had the intention to possess, manufacture, or distribute it. Evidence such as tools used for extraction, text messages discussing cannabis concentrate transactions, or large quantities of the concentrate could assist the prosecutor in proving both knowledge and intent.
Penalties for Cannabis Concentrates Crimes
| Classification of Offense | Penalties |
| Class IIA Felony | Up to 20 years imprisonment, no minimum sentence. |
| Class IV Felony (Possession) | Up to 2 years imprisonment, a fine of up to $10,000, or both. |
| Class II Felony (Near Schools or Using Minors) | 1 to 50 years imprisonment. |
| Class IB Felony (Repeat Offenses) | More severe penalties but do not exceed Class IB felony. |
| Increased Penalties for Firearm Use | Higher classification of the offense if a firearm is involved in the crime. |
Even for a first offense, a conviction could result in significant jail time, fines, and long-term consequences, such as difficulty finding employment, obtaining housing, or maintaining professional licenses. Repeat violations carry even more severe penalties but do not exceed a Class IB felony.
Non-Jail Alternatives in Nebraska
Probation: Probation may be an option if the court believes the defendant will follow the law while remaining in the community. For felony offenses, probation can last up to five years.
Diversion Programs: Certain counties in Nebraska offer diversion programs as alternatives to traditional sentencing. Examples include:
- Treatment Diversion: This program focuses on helping individuals with substance abuse problems receive treatment rather than jail time.
- Veterans Diversion: Specifically for military veterans, this program helps address underlying issues related to service, such as PTSD or substance abuse.
- Mental Health Diversion: Available in Lancaster County, this program is for individuals whose mental health issues played a role in the offense.
Adult Drug Court: Available in Douglas and Lancaster Counties, Adult Drug Court is an 18-24 month program that focuses on rehabilitation rather than punishment. Participants receive treatment, attend support groups, and are supervised by the court. Successful completion may result in a dismissal of charges.
Defenses to Cannabis Concentrates Crimes
- Lack of Knowledge: Given the often discrete forms of concentrates (like oils or waxes in nondescript containers), the accused person might not have known that the substance in question was a cannabis concentrate.
- Unlawful Search and Seizure: If the police violated the defendant’s Fourth Amendment rights by conducting a search without a proper warrant or probable cause, any evidence of marijuana obtained through that search could be suppressed.
- False Accusations or Mistaken Identity: In some cases, the accused may not be the person responsible for the cannabis concentrate, or multiple individuals may have access to the area where the substance was found.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the substance in question qualifies as a cannabis concentrate under Nebraska law and that the defendant was involved in the offense as charged.
How a Defense Attorney Can Help
- Understanding Nebraska Law: Cannabis concentrate laws in Nebraska are complex, and an experienced criminal defense attorney can explain the specific charges and penalties you face. They can also ensure your rights are protected throughout the legal process.
- Building a Defense: Your attorney will investigate the facts of your case, challenge the evidence presented by the prosecution, and look for legal loopholes, such as unlawful searches or insufficient proof. Depending on the circumstances, they may argue that the evidence against you was obtained illegally or that the prosecutor has not met the burden of proof required to secure a conviction.
- Negotiating Plea Bargains: In some cases, your attorney may negotiate a plea bargain with the prosecutor. This could result in reduced charges, such as lowering a felony to a misdemeanor, or a more lenient sentence.
- Exploring Alternatives: Your attorney can also help you explore sentencing alternatives, such as probation, diversion programs, or drug court, which could lead to the dismissal of charges or a more favorable outcome than jail time.
- Mitigating Collateral Consequences: Your attorney can work to minimize these impacts by pursuing reduced charges or helping you navigate post-conviction relief options, like expungement.
Additional Resources
- Marijuana Terms in Uniform Controlled Substance Act: This Nebraska law resource defines key terms like “manufacture,” “dispense,” and “distribute” relevant to drug enforcement in the state.
- Cannabis Concentrates Drug Facts: The National Institute on Drug Abuse provides detailed information about the production, forms, and effects of cannabis concentrates, helping individuals understand why these products carry greater risks and penalties.
- Vaping & Marijuana Concentrates: The DEA’s guide to the use of marijuana concentrates in vaping outlines the high potency and risks associated with consuming these products in this manner.
Frequently Asked Questions
What are cannabis concentrates?
Cannabis concentrates are potent extracts from the cannabis plant, typically containing 10% or more THC by weight.
What activities are considered cannabis concentrates crimes?
Cannabis concentrates crimes include possession, manufacture, distribution, or delivery of marijuana concentrates.
What are the penalties for cannabis concentrates crimes in Nebraska?
Penalties can range from a Class IV felony for possession to a Class IIA felony for distribution, with up to 20 years imprisonment.
Are CBD products considered cannabis concentrates under Nebraska law?
No, FDA-approved CBD products are excluded from cannabis concentrate definitions in Nebraska, as they lack psychoactive THC.
What is the definition of “manufacturing” cannabis concentrates?
Manufacturing includes producing, processing, or packaging cannabis concentrates, such as extracting resin from the cannabis plant.
What Nebraska laws govern cannabis concentrates crimes?
The Nebraska Uniform Controlled Substances Act defines and regulates cannabis concentrates crimes under state law.
How can a criminal defense attorney help with a cannabis concentrates case?
A defense attorney can challenge evidence, negotiate plea bargains, or explore alternatives like probation or drug treatment programs.
What factors affect the severity of penalties in cannabis concentrates cases?
Penalties increase for offenses near schools, involving minors, or if the defendant is found with a firearm.
Is probation an option for cannabis concentrates convictions in Nebraska?
Yes, probation may be available, especially for first-time offenders, offering alternatives to incarceration with strict conditions.
Hire a Defense Attorney for Cannabis Concentrates Crimes in Omaha, Nebraska
The skilled team at Liberty Law Group is ready to build your defense against all drug crimes including those related to cannabis concentrates.
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.
