Nebraska Statutes
§ 28-441 — Drug paraphernalia; use or possession; unlawful; penalty
Nebraska § 28-441
JurisdictionNebraska
Ch. 28Crimes and Punishments
This text of Nebraska § 28-441 (Drug paraphernalia; use or possession; unlawful; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Neb. Rev. Stat. § 28-441 (2026).
Text
(1)It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101 , 28-431 , and 28-439 to 28-444 .
(2)Any person who violates this section shall be guilty of an infraction.
(3)A person shall not be in violation of this section if section 28-472 or 28-1701 applies.
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Related
State v. Campbell
620 N.W.2d 750 (Nebraska Supreme Court, 2001)
State v. Vermuele
453 N.W.2d 441 (Nebraska Supreme Court, 1990)
United States v. Stewart
631 F.3d 453 (Eighth Circuit, 2011)
State v. Sassen
484 N.W.2d 469 (Nebraska Supreme Court, 1992)
State v. Beeken
585 N.W.2d 865 (Nebraska Court of Appeals, 1998)
State v. Walmsley
344 N.W.2d 450 (Nebraska Supreme Court, 1984)
State v. Hinchey
374 N.W.2d 14 (Nebraska Supreme Court, 1985)
State v. Michael R.
662 N.W.2d 632 (Nebraska Court of Appeals, 2003)
In Re Interest of Steven K.
661 N.W.2d 320 (Nebraska Court of Appeals, 2003)
State v. Adrian B.
658 N.W.2d 722 (Nebraska Court of Appeals, 2003)
State v. Scovill
608 N.W.2d 623 (Nebraska Court of Appeals, 2000)
State v. Kinney
572 N.W.2d 383 (Nebraska Court of Appeals, 1997)
State v. Petersen
676 N.W.2d 65 (Nebraska Court of Appeals, 2004)
In re Interest of Gem M.
(Nebraska Court of Appeals, 2020)
In re Interest of Hassan L.
(Nebraska Court of Appeals, 2017)
State v. Bourquin
(Nebraska Court of Appeals, 2025)
State v. Dorsey
(Nebraska Court of Appeals, 2022)
State v. Guardiola
(Nebraska Court of Appeals, 2024)
State v. Heiser
(Nebraska Court of Appeals, 2017)
State v. Lovell
(Nebraska Court of Appeals, 2016)
Legislative History
Source: Laws 1980, LB 991, § 3; Laws 2017, LB487, § 7; Laws 2022, LB519, § 5.
Annotations: Evidence that defendant invited police to her motel room and let them in, wherein police found two syringes, cigarette papers, and a small plastic spoon in close proximity to cocaine and marijuana, was sufficient to sustain convictions for possession of drug paraphernalia. State v. Garza, 239 Neb. 98, 474 N.W.2d 246 (1991). Possession of drug paraphernalia is an infraction. State v. Petersen, 12 Neb. App. 445, 676 N.W.2d 65 (2004). Where statute includes requirement of intent in definition of drug paraphernalia and enumerates factors which officer has to consider in determining whether object is drug paraphernalia, statute does not alter requirement that searches and seizures be based on probable cause and is thus not violative of Fourth Amendment. Casbah, Inc. v. Thone, 651 F.2d 551 (8th Cir. 1981).
Nearby Sections
15
§ 28-1001
Repealed. Laws 1990, LB 50, § 13§ 28-1002
Repealed. Laws 1990, LB 50, § 13§ 28-1003
Transferred to section28-1010§ 28-1004
Terms, defined§ 28-1007
Sections, how
construed§ 28-1008
Terms, defined§ 28-1009.02
Repealed. Laws 2010, LB 865, § 17§ 28-1009.03
Repealed. Laws 2010, LB 865, § 17§ 28-101
Code, how cited§ 28-1010
Indecency with
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Bluebook (online)
Nebraska § 28-441, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/28-441.