February 2, 1992.). Then he was at court ordered therapy & a probation officer came into his therapy session and searched him & they found & old container in his backpack that had been in there for years & thought there was drug residue on it so they arrested him again. 007.01 In all cases, the purity of the drug shall not be considered in calculating the amount of tax owed. (Sections 77-4301(2), 77-4302, 77-4307, and 77-4309. If you've (4) A written, signed paper prescription may be transmitted to the pharmacy via facsimile which shall serve as the original written prescription. OFFENSE: Possession of a Controlled Substance (Methamphetamine) With Intent to Deliver CASE #: 2023-0294 On Tuesday, January 17, 2023 at 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. Whether the (3) A person knowingly or intentionally possessing a controlled substance, except marijuana or any substance containing a quantifiable amount of the substances, chemicals, or compounds described, defined, or delineated in subdivision (c) (25) of Schedule I of section 28-405, unless such substance was obtained directly or pursuant Jacobitz was placed under arrest and transported to the Gage County Detention Center where he was booked for the charges of Possession of a Controlled Substance, Possession of a Controlled Substance with Intent to Deliver and Possession of Drug Paraphernalia. WebClass IV Felony Possession of Marijuana (more than one pound of marijuana): You will be fined up to $10,000 and/or serve up to five years in prison. Ann. Find the best ones near you. (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. 003.03D Department employees will provide to any person interested in purchasing drug tax stamps a worksheet upon which the taxpayer may determine the amount of stamps he or she requires. Nebraska divides CDS into five "schedules." Mitchell was taken into custody Saturday. like marijuana, heroin, and cocaine as CDS, but also the compounds used 012.01 Effective October 1, 1991, all revenue originating from a county as defined by the Marijuana and Controlled Substances Tax Act and obtained by the Department through the Drug Tax Program shall be remitted to the State Treasurer for distribution in the following manner: 012.01A Five percent to the Marijuana and Controlled Substances Tax Administration Cash Fund; 012.01B Forty-seven and one half percent to the County Drug Law Enforcement and Education Fund of the county from which the proceeds originated, but no county shall be entitled to receive more than forty-seven and one half percent of the actual amount collected from it; 012.01C Forty-seven and one half percent to the Nebraska State Patrol Drug Control and Education Cash Fund. Controlled substance does not include When possible to determine, weight shall not include the weight of the container (if any) in which the substance was found. R A Bloomington man was sentenced Thursday to almost three years in federal prison for an automatic weapon charge. (5) It shall be unlawful for any person knowingly or intentionally to possess or to acquire or obtain or to attempt to acquire or obtain, by means of misrepresentation, fraud, forgery, deception, or subterfuge, possession of any drug substance not classified as a controlled substance under the Uniform Controlled Substances Act which can only be lawfully dispensed, under federal statutes in effect on January 1, 2015, upon the written or oral prescription of a practitioner authorized to prescribe such substances. Arrest does not imply guilt, and criminal charges are merely accusations. 006.06 A dealer is solely responsible for determining and affixing the proper amounts of drug tax stamps to all marijuana and controlled substances in his or her possession. He has never missed a court date & the judge set his bond at 4 mil.What should I do, Thay let me bail out for $250 and told me to be back for court But I live in pa and couldint make it back now will thay send me back if I get pulled over in pa, got pulled over for no plates they found drugs on me but the wrong officer wrote report. Was charged with possession of a controlled substance and got a class 4 felony. Disciplinary information may not be comprehensive, or updated. Whether or not you share your childs fascination for reptiles, here are the best toys, books and games to excite any reptile lover. Then he was at court ordered therapy & a probation officer came into his therapy session and searched him & they found & old "Crack" cocaine is a Class A controlled drug, being a "preparation or other product containing a substance" which is a controlled drug (Schedule 2 part 1 paragraph 5 of the Act). On Tuesday, Wineglass, 52, was taken into custody. LOCATION: Highway 41 / South 82nd Road - Rural Firth, OFFENSE: Possession of a Controlled Substance (Methamphetamine) With Intent to Deliver. applicable fines and prison time for illegally possessing CDS. the penalties for sale. Any weighing of the marijuana must be conducted in the presence of a law enforcement agent with scales certified as being accurate by the State Department of Agriculture. Nebraska classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture 005.02B Employees of the Department are not obliged to provide an estimate to a taxpayer of the probable tax liability on a particular field of plants. 2022 LOGAN Sixty-one indictments were handed up in Logan County after the grand jury 007.09 Except as otherwise specifically described herein, all situations involving varying, ambiguous or contradicting methods of weighing, measuring or otherwise assessing taxable drugs shall be assessed using the method that results in the greatest tax liability. Geneva police patrol car. 007.02A(1) If provided with new information as a result of a reevaluation, the Department shall not be obligated to increase or decrease its assessment if it determines the reevaluation method was flawed. 007.05 For substances in liquid form which are ordinarily sold either in liquid or subsequently in solid dosage units, tax shall be calculated based upon dosage unit when available or determinable, by weight of the substance, or in any other manner reasonable and appropriate in the circumstances. As amended on the floor today, SB 5476 would make knowing possession of controlled substances a gross misdemeanor and mandate that jurisdictions provide treatment options. At the time of his arrest, he was found to have a large quantity of crack cocaine packaged for sale. 007.05A No assessee may challenge the reasonability of a particular method of assessment solely on the basis that another method would result in a lower tax liability. see Sale of a Controlled Substances in Nebraska. sections 77-4301, i.e., any person who acquires or possesses six or more ounces of marijuana, seven or more grams of any controlled substance which is sold by weight, or ten or more dosage units of any controlled substance which is not sold by weight. Stat. 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. Rev. 002.01D "Imitation controlled substance" shall have the meaning as provided in section 28-401 Neb. 21-5706. Then they issued a warrant. (News 8 WROC Photo). Nebraska classifies not only well-known drugs Robert C. Bean, 38, 002.01B "Commissioner" or "Tax Commissioner" means the Nebraska State Tax Commissioner or his or her designee. ), 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. 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