Unless you live in Nebraska, you might find it hard to believe that the state is a hotbed of drug trafficking. The reality, however, is that a significant amount of illegal drugs do flow through the State of Nebraska as a result of the state’s location and the fact that Interstate 80 runs through the entire state. A conviction for any drug-related offense can result in serious, life-altering penalties; however, the penalties for trafficking drugs are by far the most serious. An Omaha drug crime attorney explains the potential punishment and penalties for a trafficking conviction.
State vs. Federal Crimes
Because you could be charged with trafficking in either state court or federal court (or both), it helps to first understand some basics regarding the American criminal justice system. In the U.S. we have what is referred to as a federalist form of government, meaning we have a central government (U.S. federal government) but we also have a number of smaller semi-autonomous governments as well (the individual state governments). Consequently, both the federal government and each individual state government has the ability to make and enforce laws. It also means we have two separate criminal court systems. Drug-related crimes, therefore, can be investigated and prosecuted in either state court or in federal court, or in some cases in both courts. As a practical matter, federal law enforcement agencies rarely bother investigating drug-related crimes that involve simple possession or even the sale or distribution of small amounts of a controlled substance.
Nebraska Trafficking Laws
Nebraska Revised Statute 28-416 governs offenses involving a controlled substance in Nebraska, reading, in pertinent part 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.”
One of the first things you may note when reading through the above statute is that it doesn’t specifically mention “trafficking.” The reason for this is simply that “trafficking” is a term that refers to transporting drugs across borders, be they state or country. As such, only federal law enforcement authorities can actually investigate and prosecute a suspect for trafficking. You can, however, be charged with distributing and/or delivering a controlled substance in state court. The potential punishment for distributing or delivering a controlled substance in Nebraska depends on the amount of drugs involved, ranging from 3-50 years for a Class ID felony conviction to life in prison for conviction of a Class IB felony.
Federal Trafficking Penalties
If you are charged with trafficking in federal court, a conviction will likely mean you are facing a lengthy prison sentence. At the federal level, the potential punishment you face depends on three primary factors: the type of controlled substance involved; the quantity of controlled substance involved; and whether you have a previous conviction or not. For example, if you are charged with trafficking and of the following:
- Cocaine (Schedule II): 500-4999 g mixture
- Cocaine Base (Schedule II): 28-279 g mixture
- Fentanyl (Schedule IV): 40-399 g mixture
- Fentanyl Analogue (Schedule I): 10-99 g mixture
- Heroin (Schedule I): 100-999 g mixture
- LSD (Schedule I): 1-9 g mixture
- Methamphetamine (Schedule II): 5-49 g pure or 50-499 g mixture
- PCP (Schedule II): 10-99 g pure or 100-999 gm mixture
The potential punishment you face would be:
First Offense — not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense – not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
By comparison, if you are charged and convicted with any of the following types and quantities of a controlled substance:
- Cocaine (Schedule II): 5 kgs or more mixture
- Cocaine Base (Schedule II): 280 g or more mixture
- Fentanyl (Schedule IV): 400 g or more mixture
- Fentanyl Analogue (Schedule I): 100 g or more mixture
- Heroin (Schedule I): 1 kg or more mixture
- LSD (Schedule I): 10 g or more mixture
- Methamphetamine (Schedule II): 50 g more pure or 500 g or more mixture
- PCP (Schedule II): 100 g or more pure or 1 kg or more mixture
The potential punishment you face will be:
First Offense — not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual
Second Offense — not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
2 or More Prior Offenses — life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
Contact an Omaha Drug Crime Attorney at Petersen Law Office
If you have been charged with drug-related criminal offense in the State of Nebraska, do not hesitate to consult with an experienced criminal defense lawyer as soon as possible to ensure that your rights are protected. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
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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