If the following sounds familiar to you, you are not alone. This story, in one variation or another, has played out countless times across the country in recent years. You have a prescription for pain medication, or another controlled substance. Your sister/friend/mom/co-worker appears to be suffering from the same thing you are so you offer to give him/her some of your medication. Sometime after that you are arrested for trafficking a controlled substance, leaving you wondering “Can I be arrested for trafficking in Nebraska if I have a prescription?” The short answer is “yes.”
The days of being able to give a friend a Valium without worrying about it are long gone in the United States. Anyone who regularly takes medication that is classified as a controlled substance should have a very firm understanding of the laws that apply to the possession, distribution, and delivery of a controlled substance because failing to understand those laws could land you in prison for a very long time.
First, you should know whether the medication you have been prescribed is considered a controlled substance. If you are unsure, ask your physician or just assume that it is to be on the safe side. “Sharing” medication is never a good idea; however, “sharing” a controlled substance is more than unwise – it is illegal. The fact that you have a prescription is not a defense if you sell, give, or otherwise deliver your controlled substance to another person.
Nebraska Revised Statutes 28-416 governs controlled substances, and begins as follows:
“Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance.”
The Uniform Controlled Substance Act, or UCSA, allows an individual to possess a controlled substance if the individual has a valid prescription. The UCSA does not allow anyone to distribute, deliver, or dispense a controlled substance simply because they have a prescription. Therefore, you could be convicted of distributing, delivering, or dispensing – the equivalent of trafficking – a controlled substance if you share, give, loan, or sell, even a single one of your pills. Depending on the type of controlled substance involved, you may be charged with either a Class II felony or a Cass IIA felony. A Class II felony in Nebraska carries a minimum of one year and a maximum of 50 years in prison while a Class IIA felony carries no minimum and a maximum of 20 years in prison if convicted.
If you have been charged with trafficking a controlled substance, or any other controlled substance offense, in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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.
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