Are Dabs a Felony in Nebraska?
Dabs or dabbing is a slang term used to describe butane hash oil (BHO).
Essentially, dabs are cannabis plant extracts. Similar to other types of plants, marijuana plants can be used to produce potentially powerful extracts.
Smoking dabs is a way to consume tetrahydrocannabinol, or as it is better known, THC.
In fact, hash oil (dabs) generally has a much higher concentration of THC than marijuana flower or leaves. This raises a very important question: Are dabs a felony in Nebraska? The answer is Yes.
Under Nebraska state law, possession of ‘hash oil” is a serious crime — it can be charged as a felony offense. In this article, our top-rated Omaha drug crimes defense lawyer explains the most important things that you need to know about Nebraska law and possessing or consuming hash oil.
Possession of Hash Oil in Nebraska: A Felony Offense
Under Nebraska law (Neb. Rev. Stat. § 28-416), it is unlawful to knowingly possess or distribute dabs. More specifically, possession of hash oil is a class IV felony offense.
This means, possession of Dabs, THC oil or any concentrate is a Class IV felony and carries 0-2 years in prison, a $10,000 fine and 0-12 months post-release supervision. You can be charged with this crime if you have even a very small amount of the substance under your control. Simple possession will be charged for small personal use amounts of hash oil.
However, if there is more than a personal use amount, the State may elect to charge a more serious charge of possession of a controlled substance with the intent to deliver.
What are the Penalties for Possession of Dabs in Nebraska?
Simple possession of hash oil is a class IV felony. Punishment for a Class IV felony is:
- Up to two years in prison; and/or
- A $10,000 fine.
- Up to 12 month supervised release
- The Court could elect to place you on up to 5 years probation.
For larger amounts, the State may file possession with intent to deliver a controlled substance which is a Class IIA felony. Punishment for a Class IIA felony is:
- Up to 20 years in prison or
- Up to 5 years probation
Possession of hash oil or dabs can be an extremely serious criminal charge. If you or your family member was arrested for possession of hash oil, it is imperative that you call an experienced Omaha, NE drug possession defense lawyer as soon as possible.
A Nebraska defense lawyer will be able to assess the specific charges against you and determine what needs to be done to protect your rights and secure your freedom — whether that means mounting an aggressive legal defense to challenge false charges or looking for opportunities to reduce penalties.
Ultimately, every drug possession charge must be handled on a case-by-case basis. The criminal defense strategy that works for another person may simply not be very effective in your case.
Discuss Your Case With Our Nebraska Drug Crimes Defense Attorney Today
At Petersen Criminal Law, our Nebraska criminal defense lawyer has the skills, experience, and dedication to handle the full range of drug possession cases, including those involving hash oils. If you were arrested for possessing dabs, hash oil, or any other controlled substance, Tom Petersen is here to help.
To request a free, completely confidential case evaluation, please contact our legal team right away. From our law office location in Omaha, we serve clients throughout the region, including in Fort Calhoun, La Vista, Bellevue, Gretna, South Sioux City, and Papillon.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
Loading...