003.03C(1)(a) The Department shall mail all drug tax stamps via first class mail with a certificate of mailing. Then they just released him. LOGAN Sixty-one indictments were handed up in Logan County after the grand jury met for their January term. The news release and online court records didnt list attorney information for the man, identified as Patrick Omar Stevens of North Augusta. The letter must be dated and contain a legible handwritten description of the field, its contents and location sufficiently detailed so as to permit agents of the Department or law enforcement agencies to determine whether sufficient taxes on the field have been paid. medical uses. 69.50.385. You're all set! 002.01H "Law enforcement agent" means any individual or agency authorized by Nebraska statutes to effect the arrest of any person suspected of a law violation. I was cited for possession of marijuana less than an ounce and it was a first time offense. 28-405) and find the substance you're charged with possessing -- it will be listed under one of the five classes. (1) It shall be unlawful for any person knowingly or intentionally: (a) Who is a registrant to distribute a controlled substance classified in Schedule I or II of section 28-405 in the course of his or her legitimate business except in compliance with section 28-413; (b) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (c) To acquire or obtain or to attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge; (d) To furnish false or fraudulent material information in or omit any material information from any application, report, or other document required to be kept or filed under the Uniform Controlled Substances Act or any record required to be kept by the act; (e) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled substance; (f) Who is subject to sections 28-406 to 28-414.05 to distribute or dispense a controlled substance in violation of sections 28-414 to 28-414.05; (g) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or authorized person; (h) To possess a false or forged medical order for a controlled substance issued by a practitioner authorized to prescribe, except that this subdivision shall not apply to law enforcement officials, practitioners, or attorneys in the performance of their official lawful duties; or. 002.01J "Taxpayer" or "purchaser" means any person buying drug tax stamps from the Department of Revenue or any person who has had all or part of a drug tax assessment collected from him or her. Go 003.05A Drug stamps must be affixed to taxable drugs immediately upon crossing Nebraska state borders, without regard to the amount of time the drugs are expected to remain in the state. My husband was on probation for drug possession & he transferred his probation from Colorado to Nebraska to live with his mom & get clean. Click #isupportlocal for more information on supporting our local journalists. All Rights Reserved. For marijuana and its derivatives, for controlled substances for which there is no medically- approved purpose, or for substances for which no medically-approved minimum dosage can be determined, dosage unit means the street dosage unit as obtained from a qualified law enforcement agent. $10,000, up to five years in prison, or both. (i) To communicate information to a practitioner in an effort to unlawfully procure a controlled substance, the administration of a controlled substance, or a medical order for a controlled substance issued by a practitioner authorized to prescribe. February 2, 1992.). Sign up for our free summaries and get the latest delivered directly to you. On Tuesday, January 17, 2023 at approximately 5:50 am, deputies from the Gage County Sheriffs Office were dispatched to Highway 41 and South 82nd Road, about four miles south of Firth, Nebraska for a welfare check on a suspicious vehicle on the side of the highway. Stat. ), Remote Sellers & Marketplace Facilitators, IRS Publication 3079, Gaming Publication for Tax-Exempt Organizations, 2017 Nebraska Tax Incentives Annual Report, Nebraska Department of Economic Development, REG-94-004 Taxable Drugs; Presumptions and Exemptions, REG-94-006 Drug Tax Stamps; Amount of Tax Owed, REG-94-007 Amount of Drugs Possessed; Method of Calculating, REG-94-008 Drug Tax Assessment; Adjustment of Amount, REG-94-009 Drug Tax Program Confidentiality, REG-94-010 Drug Tax Program/Protested Assessment or Overassessment, REG-94-011 Drug Tax Assessments; Interest and Penalties, REG-94-012 Drug Tax Revenue; Distribution of Funds. 007.07A(1) In the event an individual has paid a sufficient amount of tax on a drug utilizing a commonly accepted method of measuring the amount of the drug, the Department shall not apply a different standard of measurement to the drugs which would result in an increase in the amount of tax owed on the drugs. Web(1) Except as otherwise provided in this section or section 28-412 or when administered directly by a practitioner to an ultimate user, a controlled substance listed in Schedule II In the event such an estimate is provided, sole responsibility for its accuracy shall remain with the taxpayer and the Department shall neither be bound by the estimate nor precluded from assessing additional tax, penalties and interest if appropriate. Nebraska classifies not only well-known drugs Stat. Also facing allegations in the Aiken County investigation were: The manner and cause of death is still under investigation, according to the coroners office. Such prescription shall be valid for twelve months after the date of issuance. A preliminary hearing has been scheduled for today. dangerous drugs, which have a high probability of abuse and addiction, WebTo obtain a user ID and password, contact the Licensure Unit by e-mail at DHHS.LicensureUnit@nebraska.gov . Except as herein provided, any other use or method of affixing the stamps shall render the stamps invalid for the purpose of satisfying the tax liability for confiscated, otherwise untaxed drugs. Nebraska law lists Marijuana as a Schedule I controlled substance. Possession of 1 ounce or less is an infraction, which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course. A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500. As officials investigated and carried out search warrants, they reported finding drugs. Definitions. 011.01 If any individual possesses marijuana or controlled substances in amounts greater than or equal to the threshold amount and fails to purchase drug tax stamps, he or she shall be subject to a penalty of one hundred percent of the tax that is owed. It was in Sarpy County in Nebraska. They went to court & asked the judge if they could get this high powered microscope to see if it had any residue, and it took 30 days to get this telescope. When he got there his public defender told him that it was a bond review hearing. Copyright Times Observer | https://www.timesobserver.com | PO Box 188, Warren, PA 16365 | 814-723-8200, to arrange a sale and delivery of methamphetamine,, confirmed he would sell a ball of methamphetamine for $150, small plastic baggie containing a crystal-like substance which weighed approximately five grams.. (3)(a) A pharmacist who is exercising reasonable care and who has obtained patient consent may do the following: (i) Change the quantity of a drug prescribed if: (A) The prescribed quantity or package size is not commercially available; or. 012.02 Effective October 1, 1991, 95% of all revenue not originating from a county but obtained by the Department through the Drug Tax Program shall be remitted to the State Treasurer for distribution to the Nebraska State Patrol Drug Control and Education Cash Fund. The Department may rebut this presumption by presenting evidence of the time of mailing. At the time of his arrest, he was found to have a large quantity of crack cocaine packaged for sale. 481.115. sets forth punishment range for Possession of a Substance in Penalty Group 1. 003.01 Drug tax stamps shall be sold at all Department of Revenue offices for face value in denominations authorized by the Tax Commissioner. 007.07 In the event an individual possesses a drug in quantities that do not meet the minimum threshold amount when computed utilizing the most common method of measurement for that drug, the Department may utilize a method of measurement that is commonly used for a like drug even if that alternate method of measurement would result in tax being owed. Simone Jasper is a reporter covering breaking stories for The News & Observer and real-time news in the Carolinas. A search incident to a lawful arrest yielded a small plastic baggie containing a crystal-like substance which weighed approximately five grams.. 009.03 The Department may periodically release to the public or to other agencies statistical information about the Drug Tax Program, including information about any single drug tax stamp purchase, assessment or collection, if the information released does not violate the confidentiality provisions of these regulations or an individual's civil liberties. Additional penalties apply to convictions for driving under the Legend drug not a controlled substance; written, oral, or electronic prescription; information required; controlled substance; requirements; pharmacist; authority to adapt prescription; duties; prohibited acts. WebDepending on the type of controlled substance involved, your penalties could span dramatically. Deputies said the victim appeared to have been brutally beaten and was really hard to understand due to his face being so swollen.. 004.01 Unless evidence to the contrary is presented to the Department, drugs confiscated by law enforcement agents shall be presumed to be unlawfully possessed and subject to taxation. Josh Cotton. An overpayment shall be refunded with interest only if the claim is not refunded within ninety days. 007.03B For purposes of assessment, if the exact weight of the marijuana is unavailable, the Department shall estimate the weight of the marijuana to equal one pound of marijuana per plant. (Sections 77-4307, 77-4310, 77-4310.02, and 77-4312. Ann. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions An electronic prescription may be electronically or digitally signed and transmitted to the pharmacy and may serve as the original prescription. 006.04A The amount of stamps affixed to each container of subdivided marijuana or controlled substance must reflect at least the tax owed on the quantity of marijuana or controlled substance therein. Nebraska Code that lists precisely which drugs fit into each group. Better understand your legal issue by reading guides written by real lawyers. **UPDATE** Gage County Courthouse Trial Rescheduled. 010.01A Any jeopardy assessment in effect on October 1, 1991, shall become final if no protest or request for redetermination by the Tax Commissioner has been filed or postmarked by October 10, 1991. Email notifications are only sent once a day, and only if there are new matching items. WebPossession of a Controlled Substance in Nebraska. The attorney listings on this site are paid attorney advertising. Last weeks arrest is certainly upsetting and she will remain on administrative leave pending further investigation.. (substances used to manufacture CDS). We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. Schedule I lists the most 003.04B If the Legislature increases the tax rate for a particular drug or substance, it is the responsibility of the taxpayer to purchase additional stamps no later than the effective date of the price increase. 002.01K "Assessee" means any person against whom the Department has issued or is able to issue an assessment for drug taxes, penalties and interest owed to the State. I want to reopen my case now (2 years later) and try to get the felony reduced to a misdemeanor so I can join the military. If a pharmacist substitutes any chemically equivalent drug product as permitted under this subdivision, the pharmacist shall provide notice to the prescribing practitioner or the prescribing practitioner's designee. the penalties for sale. A Bloomington man faces acharge of violating the Illinois Sex Offender Registration Act. (Reissue 1989). 002.01N "Threshold amount" means the minimum amount of marijuana or a controlled substance required in order to qualify as a "dealer" as defined at Neb. At around 1:40 a.m., convicted felon and Geneva resident Jerry Lovett Jr. got into an argument with a 54-year-old male, GPD said. I was cited for possession of marijuana less than an ounce and it was a first time offense. However, the Department may periodically release statistical information that informs the public or other agencies of the Drug Tax Programs progress. Kenneth E. Funk, 27, is charged with residential burglary (Class 1 felony) involving an apartment in Lexington on Dec. 31, 2022. 003.03A(1) The Department shall not release to any outside person or agency information concerning any purchaser or purchase. Take a look, EXPLAINER: Biden inaction, mixed signals on death penalty, Former SC prison officer arrested after having sex with inmate, officials say, A 32-year-old accused of pointing a gun at the teen, Stevens, who faces additional charges of kidnapping, possession of a weapon during a violent crime, drug possession and child neglect. WebUNIFORM CONTROLLED SUBSTANCES ACT 19-03.1-01. Start with your legal issue to find the right lawyer for you. 007.03B(1)(d) Nothing in these regulations shall be interpreted to guarantee an assessee the right to count marijuana plants in a field if those plants have been destroyed pursuant to a lawful order of a court. Ann. Deputies recovered approximately 14 grams of methamphetamine from the inside of the vehicle along with drug paraphernalia. WebGenerally, a passenger's joint possession of a controlled substance found in a vehicle can be established by evidence that (1) supports an inference that the driver was involved in drug trafficking, as distinguished from possessing illegal drugs for personal use; (2) shows the passenger acted suspiciously during a traffic stop; and (3) shows the passenger was 002.01M "Weight" means the weight of marijuana or any controlled substance as measured or estimated by the Department of Revenue, a law enforcement agent or other entity approved by the Department of Revenue. Stat. Nebraska classifies February 2, 1992.). In the event two or more possible tax liability amounts are calculated utilizing reasonable methods, the Department shall assess tax at the greatest amount. 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