§ 28-445 — Imitation controlled substance; prohibited acts; determination; penalties; seizure

Nebraska § 28-445

• Jurisdiction: Nebraska
• Ch. 28: Crimes and Punishments

Text

(1) Any person who knowingly and intentionally manufactures,
distributes, delivers, or possesses with intent to distribute or deliver an
imitation controlled substance shall:
(a) For the first offense, be guilty of a Class III misdemeanor;
and
(b) For the second and all subsequent offenses, be guilty
of a Class II misdemeanor.
(2) In determining whether a substance is an imitation controlled
substance the court or other authority concerned shall consider all relevant
factors, including, but
not limited to, the
following:
(a) Whether the substance is represented as having an effect
similar to or the same as an illicit controlled substance;
(b) Whether the substance is represented by way of terminology
which is deceptively similar to or the same as that describing a particular
controlled substance;
(c) Whether the dosage unit price substantially exceeds the
reasonable price of a similar dosage unit of like chemical composition sold
over the counter;
(d) Whether
the substance was approved by the federal Food and Drug Administration for
over-the-counter sales and contained the packaging and labeling information
approved by the federal Food and Drug Administration;
(e) Whether the substance
is packaged in a manner and quantity similar to or the same as that commonly
used for illicit controlled substances;
(f) Whether the dosage unit
appearance of the substance is deceptively similar to that of a particular
controlled substance;
(g) Whether the substance
is distributed to persons who represent it as a controlled substance or controlled substance analogue,
under circumstances which indicate the distributor knows, intends, or should
know that his or her distributee is making or will make such representations; and
(h) Whether
the person in possession or control of the substance utilized deception, fraud,
or evasive tactics or actions to prevent the seizure, discovery, or detection
of the substance by law enforcement.
(3)
Any substance possessed, distributed, or delivered in violation of this section
shall be subject to seizure and forfeiture as provided in section 28-431 .

Legislative History

Source: Laws 1985, LB 406, § 5; Laws 2014, LB811, § 16.