The official site of the Nebraska Unicameral Legislature

LEGISLATIVE BILL 795
Approved by the Governor March 3, 2026

Introduced by DeKay, 40.

A BILL FOR AN ACT relating to crimes and offenses; to amend sections 28-405,
28-416, 28-1354, and 28-1701, Revised Statutes Supplement, 2025; to
designate bromazolam as a controlled substance; to correct the spelling of
certain substances; to provide a penalty enhancement for certain offenses
involving fentanyl; to harmonize provisions; and to repeal the original
sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-405, Revised Statutes Supplement, 2025, is amended
to read:
28-405 The following are the schedules of controlled substances referred
to in the Uniform Controlled Substances Act, unless specifically contained on
the list of exempted products of the Drug Enforcement Administration of the
United States Department of Justice as the list existed on January 31, 2022:
Schedule I
(a) Any of the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, unless specifically excepted,
whenever the existence of such isomers, esters, ethers, and salts is possible
within the specific chemical designation:
(1) Acetylmethadol;
(2) Allylprodine;
(3) Alphacetylmethadol, except levo-alphacetylmethadol which is also known
as levo-alpha-acetylmethadol, levomethadyl acetate, and LAAM;
(4) Alphameprodine;
(5) Alphamethadol;
(6) Benzethidine;
(7) Betacetylmethadol;
(8) Betameprodine;
(9) Betamethadol;
(10) Betaprodine;
(11) Clonitazene;
(12) Dextromoramide;
(13) Difenoxin;
(14) Diampromide;
(15) Diethylthiambutene;
(16) Dimenoxadol;
(17) Dimepheptanol;
(18) Dimethylthiambutene;
(19) Dioxaphetyl butyrate;
(20) Dipipanone;
(21) Ethylmethylthiambutene;
(22) Etonitazene;
(23) Etoxeridine;
(24) Furethidine;
(25) Hydroxypethidine;
(26) Ketobemidone;
(27) Levomoramide;
(28) Levophenacylmorphan;
(29) Morpheridine;
(30) Noracymethadol;
(31) Norlevorphanol;
(32) Normethadone;
(33) Norpipanone;
(34) Phenadoxone;
(35) Phenampromide;
(36) Phenomorphan;
(37) Phenoperidine;
(38) Piritramide;
(39) Proheptazine;
(40) Properidine;
(41) Propiram;
(42) Racemoramide;
(43) Trimeperidine;
(44) Alpha-methylfentanyl, N-(1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl) propionanilide, 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine;
(45) Tilidine;
(46) 3-Methylfentanyl, N-(3-methyl-1-(2-phenylethyl)-4-piperidyl)-N-
phenylpropanamide, its optical and geometric isomers, salts, and salts of
isomers;
(47) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers,
salts, and salts of isomers;
(48) PEPAP, 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine, its optical
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isomers, salts, and salts of isomers;
(49) Acetyl-alpha-methylfentanyl, N-(1-(1-methyl-2-phenethyl)-4-
piperidinyl)-N-phenylacetamide, its optical isomers, salts, and salts of
isomers;
(50) Alpha-methylthiofentanyl, N-(1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl)-N-phenylpropanamide, its optical isomers, salts, and salts of
isomers;
(51) Benzylfentanyl, N-(1-benzyl-4-piperidyl)-N-phenylpropanamide, its
optical isomers, salts, and salts of isomers;
(52) Beta-hydroxyfentanyl, N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-
phenylpropanamide, its optical isomers, salts, and salts of isomers;
(53) Beta-hydroxy-3-methylfentanyl, (other name: N-(1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl)-N-phenylpropanamide), its optical and
geometric isomers, salts, and salts of isomers;
(54) 3-methylthiofentanyl, N-(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl)-
N-phenylpropanamide, its optical and geometric isomers, salts, and salts of
isomers;
(55) N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts, and salts of isomers;
(56) Thiofentanyl, N-phenyl-N-(1-(2-thienyl)ethyl-4-piperidinyl)-
propanamide, its optical isomers, salts, and salts of isomers;
(57) Para-fluorofentanyl, N-(4-fluorophenyl)-N-(1-(2-phenethyl)-4-
piperidinyl)propanamide, its optical isomers, salts, and salts of isomers;
(58) U-47700, 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-
methylbenzamide;
(59) 4-Fluoroisobutyryl Fentanyl;
(60) Acetyl Fentanyl;
(61) Acyrloylfentanyl;
(62) AH-7921; 3, 4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]
benzamide;
(63) Butyryl fentanyl;
(64) Cyclopentyl fentanyl;
(65) Cyclopropyl fentanyl;
(66) Furanyl fentanyl;
(67) Isobutyryl fentanyl;
(68) Isotonitazene;
(69) Methoxyacetyl fentanyl;
(70) MT-45; 1-cyclohexyl-4-(1,2-diphenylethyl) piperazine;
(71) Tetrahydrofuranyl fentanyl;
(72) 2-fluorofentanyl; N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)
propionamide;
(73) Ocfentanil;
(74) Ortho-Fluorofentanyl;
(75) Para-chloroisobutyryl fentanyl;
(76) Para-Fluorobutyryl Fentanyl;
(77) Valeryl fentanyl;
(78) Phenyl Fentanyl;
(79) Para-Methylfentanyl;
(80) Thiofuranyl Fentanyl;
(81) Beta-methyl Fentanyl;
(82) Beta'-Phenyl Fentanyl;
(83) Crotonyl Fentanyl;
(84) 2'-Fluoro Ortho-Fluorofentanyl;
(85) 4'-Methyl Acetyl Fentanyl;
(86) Ortho-Fluorobutyryl Fentanyl;
(87) Ortho-Methyl Acetylfentanyl;
(88) Ortho-Methyl Methoxyacetyl Fentanyl;
(89) Ortho-Fluoroacryl Fentanyl;
(90) Fentanyl Carbamate;
(91) Ortho-Fluoroisobutyryl Fentanyl;
(92) Para-Fluoro Furanyl Fentanyl;
(93) Para-Methoxybutyryl Fentanyl;
(94) Meta-Fluorofentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)propionamide);
(95) Meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)isobutyramide);
(96) Para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1-
phenethylpiperidin-4-yl)furan-2-carboxamide);
(97) 3-Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-
carboxamide);
(98) 2',5'-Dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4-
yl)-N-phenylpropionamide);
(99) Isovalerylfentanyl (3-methyl-N-(1-phenethylpiperidin-4-yl)-N-
phenylbutanamide);
(100) Ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)furan-2-carboxamide);
(101) Alpha-Methylbutyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-
yl)-N-phenylbutanamide);
(102) Para-methyl cyclopropyl fentanyl (N-(4-methylphenyl)-N-(1-
phenethylpiperidin-4-yl)cyclopropanecarboxamide);
(103) Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-
N,N-diethylethan-1-amine);
(104) Flunitazene (N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-
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benzimidazol-1-yl)ethan-1-amine);
(105) Metodesnitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-
benzimidazol-1-yl)ethan-1-amine);
(106) Etodesnitazene (other names: 2-(2-(4-ethoxybenzyl)-1H-
benzimidazol-1-yl)-N,N-diethylethan-1-amine; and etazene);
(107) N-pyrrolidino etonitazene (other names: 2-(4-ethoxybenzyl)-5-
nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole; and etonitazepyne);
(108) Protonitazene (N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-
benzimidazol-1-yl)ethan-1-amine);
(109) 1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-one
(commonly known as 2-Methyl AP-237);
(110) Brorphine (1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-
dihydro-2H-benzo[d]imidazol-2-one) (other name: 1-(1-(1-(4-bromophenyl) ethyl)
piperidin-4-yl-1,3-dihydro-2H-benzo[D]imidazole-2-one);
(111) Fentanyl-related substances, their isomers, esters, ethers, salts
and salts of isomers, esters, and ethers. Unless specifically excepted, listed
in another schedule, or specifically named in this schedule, this includes any
substance that is structurally related to fentanyl by one or more of the
following modifications:
(A) Replacement of the phenyl portion of the phenethyl group by any
monocycle, whether or not further substituted in or on the monocycle;
(B) Substitution in or on the phenethyl group with alkyl, alkenyl,
alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(C) Substitution in or on the piperidine ring with alkyl, alkenyl,
alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(D) Replacement of the aniline ring with any aromatic monocycle whether or
not further substituted in or on the aromatic monocycle; or
(E) Replacement of the N-propionyl group by another acyl group; and
(112) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-
benzimidazol-1-yl)ethan-1-amine).
(b) Any of the following opium derivatives, their salts, isomers, and
salts of isomers, unless specifically excepted, whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine, except hydrochloride salt;
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine; and
(23) Thebacon.
(c) Any material, compound, mixture, or preparation which contains any
quantity of the following hallucinogenic substances, their salts, isomers, and
salts of isomers, unless specifically excepted, whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical
designation, and, for purposes of this subdivision only, isomer shall include
the optical, position, and geometric isomers:
(1) Bufotenine. Trade and other names shall include, but are not limited
to: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-
indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; and mappine;
(2) 4-bromo-2,5-dimethoxyamphetamine. Trade and other names shall include,
but are not limited to: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; and
4-bromo-2,5-DMA;
(3) 4-methoxyamphetamine. Trade and other names shall include, but are not
limited to: 4-methoxy-alpha-methylphenethylamine; and paramethoxyamphetamine,
PMA;
(4) 4-methyl-2,5-dimethoxyamphetamine. Trade and other names shall
include, but are not limited to: 4-methyl-2,5-dimethoxy-alpha-
methylphenethylamine; DOM; and STP;
(5) Para-methoxymethamphetamine. Trade and other names shall include, but
are not limited to: 1-(4-Methoxyphenyl)-N-methylpropan-2-amine, PMMA, and 4-
MMA;
(6) Ibogaine. Trade and other names shall include, but are not limited to:
7-Ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido
(1',2':1,2) azepino (5,4-b) indole; and Tabernanthe iboga;
(7) Lysergic acid diethylamide;
(8) Marijuana;
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(9) Mescaline;
(10) Methoxetamine (MXE);
(11) Peyote. Peyote means all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds
thereof, any extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture, or preparation of such plant or its
seeds or extracts;
(12) Psilocybin. Psilocybin does not include any pharmaceutical
composition of crystalline polymorph psilocybin approved by the federal Food
and Drug Administration;
(13) Psilocin Psilocyn;
(14) Tetrahydrocannabinols, including, but not limited to, synthetic
equivalents of the substances contained in the plant or in the resinous
extractives of cannabis, sp. or synthetic substances, derivatives, and their
isomers with similar chemical structure and pharmacological activity such as
the following: Delta 1 cis or trans tetrahydrocannabinol and their optical
isomers, excluding dronabinol in a drug product approved by the federal Food
and Drug Administration; Delta 6 cis or trans tetrahydrocannabinol and their
optical isomers; and Delta 3,4 cis or trans tetrahydrocannabinol and its
optical isomers. Since nomenclature of these substances is not internationally
standardized, compounds of these structures shall be included regardless of the
numerical designation of atomic positions covered. Tetrahydrocannabinols does
not include cannabidiol contained in a drug product approved by the federal
Food and Drug Administration;
(15) N-ethyl-3-piperidyl benzilate;
(16) N-methyl-3-piperidyl benzilate;
(17) Thiophene analog of phencyclidine. Trade and other names shall
include, but are not limited to: 1-(1-(2-thienyl)-cyclohexyl)-piperidine; 2-
thienyl analog of phencyclidine; TPCP; and TCP;
(18) Hashish or concentrated cannabis;
(19) Parahexyl. Trade and other names shall include, but are not limited
to: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo(b,d)pyran;
and Synhexyl;
(20) Ethylamine analog of phencyclidine. Trade and other names shall
include, but are not limited to: N-ethyl-1-phenylcyclohexylamine; (1-
phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine;
and PCE;
(21) Pyrrolidine analog of phencyclidine. Trade and other names shall
include, but are not limited to: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; and
PHP;
(22) Alpha-ethyltryptamine. Some trade or other names: etryptamine;
Monase; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET;
and AET;
(23) 2,5-dimethoxy-4-ethylamphet-amine; and DOET;
(24) 1-(1-(2-thienyl)cyclohexyl)pyrrolidine; and TCPy;
(25) Alpha-methyltryptamine, which is also known as AMT;
(26) Salvia divinorum or Salvinorin A. Salvia divinorum or Salvinorin A
includes all parts of the plant presently classified botanically as Salvia
divinorum, whether growing or not, the seeds thereof, any extract from any part
of such plant, and every compound, manufacture, derivative, mixture, or
preparation of such plant, its seeds, or its extracts, including salts,
isomers, and salts of isomers whenever the existence of such salts, isomers,
and salts of isomers is possible within the specific chemical designation;
(27) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (other names:
eutylone or bk-EBDB);
(28) Any material, compound, mixture, or preparation containing any
quantity of synthetically produced cannabinoids as listed in subdivisions (A)
through (L) of this subdivision, including their salts, isomers, salts of
isomers, and nitrogen, oxygen, or sulfur-heterocyclic analogs, unless
specifically excepted elsewhere in this section. Since nomenclature of these
synthetically produced cannabinoids is not internationally standardized and may
continually evolve, these structures or compounds of these structures shall be
included under this subdivision, regardless of their specific numerical
designation of atomic positions covered, so long as it can be determined
through a recognized method of scientific testing or analysis that the
substance contains properties that fit within one or more of the following
categories:
(A) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally
contained in a plant of the genus cannabis (cannabis plant), as well as
synthetic equivalents of the substances contained in the plant, or in the
resinous extractives of cannabis, sp. and/or synthetic substances, derivatives,
and their isomers with similar chemical structure and pharmacological activity
such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their
optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical
isomers; Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
This subdivision does not include cannabidiol contained in a drug product
approved by the federal Food and Drug Administration;
(B) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-(N-methyl-2-
piperidinyl)methyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further
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substituted in or on any of the listed ring systems to any extent;
(C) Naphthylmethylindoles: Any compound containing a 1 H-indol-3-yl-(1-
naphthyl)methane structure with substitution at the nitrogen atom of the indole
ring by an alkyl, haloalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-(N-methyl-2-
piperidinyl)methyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further
substituted in or on any of the listed ring systems to any extent;
(D) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring by an
alkyl, haloalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-(N-methyl-2-
piperidinyl)methyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further
substituted in or on any of the listed ring systems to any extent;
(E) Naphthylideneindenes: Any compound containing a naphthylideneindene
structure with substitution at the 3-position of the indene ring by an alkyl,
haloalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl, cycloalkylethyl,
2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-(N-methyl-2-piperidinyl)methyl, 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, whether or not further substituted in or on any
of the listed ring systems to any extent;
(F) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-(N-methyl-2-
piperidinyl)methyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further
substituted in or on any of the listed ring systems to any extent;
(G) Cyclohexylphenols: Any compound containing a 2-(3-
hydroxycyclohexyl)phenol structure with substitution at the 5-position of the
phenolic ring by an alkyl, haloalkyl, alkenyl, halobenzyl, benzyl,
cycloalkylmethyl, cycloalkylethyl, 2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-
(N-methyl-2-piperidinyl)methyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-
methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not
substituted in or on any of the listed ring systems to any extent;
(H) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure
with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl, cycloalkylethyl,
2-(4-morpholinyl)ethyl group, cyanoalkyl, 1-(N-methyl-2-piperidinyl)methyl, 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, whether or not further substituted in or on any
of the listed ring systems to any extent;
(I) Adamantoylindoles: Any compound containing a 3-adamantoylindole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, whether or not further substituted in or on any
of the listed ring systems to any extent;
(J) Tetramethylcyclopropanoylindoles: Any compound containing a 3-
tetramethylcyclopropanoylindole structure with substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
halobenzyl, benzyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or
not further substituted in or on any of the listed ring systems to any extent;
(K) Indole carboxamides: Any compound containing a 1-indole-3-carboxamide
structure with substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, substitution at the carboxamide group by an
alkyl, methoxy, benzyl, propionaldehyde, adamantyl, 1-naphthyl, phenyl,
aminooxoalkyl group, or quinolinyl group, whether or not further substituted in
or on any of the listed ring systems to any extent or to the adamantyl, 1-
mapthyl, phenyl, aminooxoalkyl, benzyl, or propionaldehyde groups to any
extent;
(L) Indole carboxylates: Any compound containing a 1-indole-3-carboxylate
structure with substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, halobenzyl, benzyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, substitution at the carboxylate group by an
alkyl, methoxy, benzyl, propionaldehyde, adamantyl, 1-naphthyl, phenyl,
aminooxoalkyl group, or quinolinyl group, whether or not further substituted in
or on any of the listed ring systems to any extent or to the adamantyl, 1-
mapthyl, phenyl, aminooxoalkyl, benzyl, or propionaldehyde groups to any
extent; and
(M) Any nonnaturally occurring substance, chemical compound, mixture, or
preparation, not specifically listed elsewhere in these schedules and which is
not approved for human consumption by the federal Food and Drug Administration,
containing or constituting a cannabinoid receptor agonist as defined in section
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28-401;
(29) Zipeprol 1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-
phenylpropan-2-ol, including its isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of such isomers, esters,
ethers, and salts is possible within the specific chemical designation;
(30) Any material, compound, mixture, or preparation containing any
quantity of a substituted phenethylamine as listed in subdivisions (A) through
(C) of this subdivision, unless specifically excepted, listed in another
schedule, or specifically named in this schedule, that is structurally derived
from phenylethan-2-amine by substitution on the phenyl ring with a fused
methylenedioxy ring, fused furan ring, or a fused tetrahydrofuran ring; by
substitution with two alkoxy groups; by substitution with one alkoxy and either
one fused furan, tetrahydrofuran, or tetrahydropyran ring system; or by
substitution with two fused ring systems from any combination of the furan,
tetrahydrofuran, or tetrahydropyran ring systems, whether or not the compound
is further modified in any of the following ways:
(A) Substitution of the phenyl ring by any halo, hydroxyl, alkyl,
trifluoromethyl, alkoxy, or alkylthio groups; (B) substitution at the 2-
position by any alkyl groups; or (C) substitution at the 2-amino nitrogen atom
with alkyl, dialkyl, benzyl, hydroxybenzyl, or methoxybenzyl groups, and
including, but not limited to:
(i) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine, which is also known as 2C-
C or 2,5-Dimethoxy-4-chlorophenethylamine;
(ii) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine, which is also known as
2C-D or 2,5-Dimethoxy-4-methylphenethylamine;
(iii) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine, which is also known as
2C-E or 2,5-Dimethoxy-4-ethylphenethylamine;
(iv) 2-(2,5-Dimethoxyphenyl)ethanamine, which is also known as 2C-H or
2,5-Dimethoxyphenethylamine;
(v) 2-(4-lodo-2,5-dimethoxyphenyl)ethanamine, which is also known as 2C-I
or 2,5-Dimethoxy-4-iodophenethylamine;
(vi) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine, which is also known as
2C-N or 2,5-Dimethoxy-4-nitrophenethylamine;
(vii) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine, which is also known
as 2C-P or 2,5-Dimethoxy-4-propylphenethylamine;
(viii) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine, which is also
known as 2C-T-2 or 2,5-Dimethoxy-4-ethylthiophenethylamine;
(ix) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine, which is also
known as 2C-T-4 or 2,5-Dimethoxy-4-isopropylthiophenethylamine;
(x) 2-(4-bromo-2,5-dimethoxyphenyl)ethanamine, which is also known as 2C-B
or 2,5-Dimethoxy-4-bromophenethylamine;
(xi) 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine, which is also known
as 2C-T or 4-methylthio-2,5-dimethoxyphenethylamine;
(xii) 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine, which is also known
as DOI or 2,5-Dimethoxy-4-iodoamphetamine;
(xiii) 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane, which is also known
as DOB or 2,5-Dimethoxy-4-bromoamphetamine;
(xiv) 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine, which is also known
as DOC or 2,5-Dimethoxy-4-chloroamphetamine;
(xv) 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-
methoxyphenyl)methyl]ethanamine, which is also known as 2C-B-NBOMe; 25B-NBOMe
or 2,5-Dimethoxy-4-bromo-N-(2-methoxybenzyl)phenethylamine;
(xvi) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-
methoxyphenyl)methyl]ethanamine, which is also known as 2C-I-NBOMe; 25I-NBOMe
or 2,5-Dimethoxy-4-iodo-N-(2-methoxybenzyl)phenethylamine;
(xvii) N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxyphenyl)ethanamine, which is
also known as Mescaline-NBOMe or 3,4,5-trimethoxy-N-(2-
methoxybenzyl)phenethylamine;
(xviii) 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-
methoxyphenyl)methyl]ethanamine, which is also known as 2C-C-NBOMe; or 25C-
NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine;
(xix) 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine, which
is also known as 2CB-5-hemiFLY;
(xx) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-
yl)ethanamine, which is also known as 2C-B-FLY;
(xxi) 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-
yl)ethanamine, which is also known as 2C-B-butterFLY;
(xxii) N-(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7- tetrahydrobenzo[1,2-b:4,5-
b']difuran-4-yl)-2-aminoethane, which is also known as 2C-B-FLY-NBOMe;
(xxiii) 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine, which is
also known as bromo-benzodifuranylisopropylamine or bromo-dragonFLY;
(xxiv) N-(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine, which is
also known as 2C-INBOH or 25I-NBOH;
(xxv) 5-(2-Aminopropyl)benzofuran, which is also known as 5-APB;
(xxvi) 6-(2-Aminopropyl)benzofuran, which is also known as 6-APB;
(xxvii) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran, which is also known as 5-
APDB;
(xxviii) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran, which is also known as
6-APDB;
(xxix) 2,5-dimethoxy-amphetamine, which is also known as 2,5-dimethoxy-a-
methylphenethylamine 2, 5-dimethoxy-a-methylphenethylamine; 2,5-DMA 2, 5-DMA;
(xxx) 2,5-dimethoxy-4-ethylamphetamine, which is also known as DOET;
(xxxi) 2,5-dimethoxy-4-(n)-propylthiophenethylamine, which is also known
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as 2C-T-7;
(xxxii) 5-methoxy-3,4-methylenedioxy-amphetamine;
(xxxiii) 4-methyl-2,5-dimethoxy-amphetamine, which is also known as 4-
methyl-2,5-dimethoxy-amethylphenethylamine; DOM and STP;
(xxxiv) 3,4-methylenedioxy amphetamine, which is also known as MDA;
(xxxv) 3,4-methylenedioxymethamphetamine, which is also known as MDMA;
(xxxvi) 3,4-methylenedioxy-N-ethylamphetamine, which is also known as N-
ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, MDE, MDEA;
(xxxvii) 3,4,5-trimethoxy amphetamine; and
(xxxviii) n-hydroxy-3, 4-Methylenedioxy-N-Hydroxyamphetamine, which is
also known as N-hydroxyMDA;
(31) Any material, compound, mixture, or preparation containing any
quantity of a substituted tryptamine unless specifically excepted, listed in
another schedule, or specifically named in this schedule, that is structurally
derived from 2-(1H-indol-3-yl)ethanamine, which is also known as tryptamine, by
mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or
by inclusion of the amino nitrogen atom in a cyclic structure whether or not
the compound is further substituted at the alpha position with an alkyl group
or whether or not further substituted on the indole ring to any extent with any
alkyl, alkoxy, halo, hydroxyl, or acetoxy groups, and including, but not
limited to:
(A) 5-methoxy-N,N-diallyltryptamine, which is also known as 5-MeO-DALT;
(B) 4-acetoxy-N,N-dimethyltryptamine, which is also known as 4-AcO-DMT or
OAcetylpsilocin;
(C) 4-hydroxy-N-methyl-N-ethyltryptamine, which is also known as 4-HO-MET;
(D) 4-hydroxy-N,N-diisopropyltryptamine, which is also known as 4-HO-DIPT;
(E) 5-methoxy-N-methyl-N-isopropyltryptamine, which is also known as 5-
MeOMiPT;
(F) 5-Methoxy-N,N-Dimethyltryptamine, which is also known as 5-MeO-DMT;
(G) 5-methoxy-N,N-diisopropyltryptamine, which is also known as 5-MeO-
DiPT;
(H) Diethyltryptamine, which is also known as N,N-Diethyltryptamine, DET;
and
(I) Dimethyltryptamine, which is also known as DMT; and
(32)(A) Any substance containing any quantity of the following materials,
compounds, mixtures, or structures:
(i) 3,4-methylenedioxymethcathinone, or bk-MDMA, or methylone;
(ii) 3,4-methylenedioxypyrovalerone, or MDPV;
(iii) 4-methylmethcathinone, or 4-MMC, or mephedrone;
(iv) 4-methoxymethcathinone, or bk-PMMA, or PMMC, or methedrone;
(v) Fluoromethcathinone, or FMC;
(vi) Naphthylpyrovalerone, or naphyrone; or
(vii) Beta-keto-N-methylbenzodioxolylpropylamine or bk-MBDB or butylone;
or
(B) Unless listed in another schedule, any substance which contains any
quantity of any material, compound, mixture, or structure, other than
bupropion, that is structurally derived by any means from 2-aminopropan-1-one
by substitution at the 1-position with either phenyl, naphthyl, or thiophene
ring systems, whether or not the compound is further modified in any of the
following ways:
(i) Substitution in the ring system to any extent with alkyl, alkoxy,
alkylenedioxy, haloalkyl, hydroxyl, or halide substituents, whether or not
further substituted in the ring system by one or more other univalent
substituents;
(ii) Substitution at the 3-position with an acyclic alkyl substituent; or
(iii) Substitution at the 2-amino nitrogen atom with alkyl or dialkyl
groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(d) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Amineptine 7-[(10,11-dihydro-5H-dibenzo[a,d]-cyclohepten-5-
yl)amino]heptanoic acid, including its salts, isomers, and salts of isomers;
(2) Mecloqualone;
(3) Methaqualone; and
(4) Gamma-Hydroxybutyric Acid. Some other names include: GHB; Gamma-
hydroxybutyrate; 4-Hydroxybutyrate; 4-Hydroxybutanoic Acid; Sodium Oxybate; and
Sodium Oxybutyrate; and
(5) Bromazolam.
(e) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex; aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-
phenyl-2-oxazolamine;
(4) Cathinone; 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-
aminopropiophenone; and norephedrone;
(5) Methcathinone, its salts, optical isomers, and salts of optical
isomers. Some other names: 2-(methylamino)-propiophenone; alpha-
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(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropiophenone; methylcathinone; monomethylpropion; ephedrone; N-
methylcathinone; AL-464; AL-422; AL-463; UR1432; and 4-MEC;
(6) (+/-)cis-4-methylaminorex; and (+/-)cis-4,5-dihydro-4-methyl-5-
phenyl-2-oxazolamine;
(7) N,N-dimethylamphetamine; N,N-alpha-trimethyl-benzeneethanamine; and
N,N-alpha-trimethylphenethylamine;
(8) Benzylpiperazine, 1-benzylpiperazine;
(9) 4,4'-dimethylaminorex (other names: 4,4'-DMAR, 4,5-dihydro-4-
methyl-5-(4-methylphenyl)-2-oxazolamine);
(10) N-phenyl-N' -(3-(1- phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5-
yl)carbamimidate), including its salts, isomers, and salts of isomers;
(11) Mesocarb (N-phenyl-N'-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-
ium-5-yl)carbamimidate); and
(12) Methiopropamine (N-methyl-1-(thiophen-2-yl)propan-2-amine).
(f) Any controlled substance analogue to the extent intended for human
consumption.
Schedule II
(a) Any of the following substances except those narcotic drugs listed in
other schedules whether produced directly or indirectly by extraction from
substances of vegetable origin, independently by means of chemical synthesis,
or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate, excluding apomorphine, buprenorphine, thebaine-derived
butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone and
their salts, but including the following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Ethylmorphine;
(I) Etorphine hydrochloride;
(J) Hydrocodone;
(K) Hydromorphone;
(L) Metopon;
(M) Morphine;
(N) Oxycodone;
(O) Oxymorphone;
(P) Oripavine;
(Q) Thebaine; and
(R) Dihydroetorphine;
(2) Any salt, compound, derivative, or preparation thereof which is
chemically equivalent to or identical with any of the substances referred to in
subdivision (1) of this subdivision, except that these substances shall not
include the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or preparation of coca
leaves, and any salt, compound, derivative, or preparation thereof which is
chemically equivalent to or identical with any of these substances, including
cocaine or ecgonine and its salts, optical isomers, and salts of optical
isomers, except that the substances shall not include decocainized coca leaves
or extractions which do not contain cocaine or ecgonine; and
(5) Concentrate of poppy straw, the crude extract of poppy straw in either
liquid, solid, or powder form which contains the phenanthrene alkaloids of the
opium poppy.
(b) Unless specifically excepted or unless in another schedule any of the
following opiates, including their isomers, esters, ethers, salts, and salts of
their isomers, esters, and ethers whenever the existence of such isomers,
esters, ethers, and salts is possible within the specific chemical designation,
dextrorphan excepted:
(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Diphenoxylate;
(5) Fentanyl;
(6) Isomethadone;
(7) Levomethorphan;
(8) Levorphanol;
(9) Metazocine;
(10) Methadone;
(11) Methadone-intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;
(12) Moramide-intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-
carboxylic acid;
(13) Norfentanyl (N-phenyl-N-piperidin-4-yl) propionamide;
(14) Oliceridine;
(15) Pethidine or meperidine;
(16) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(17) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(18) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic
acid;
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(19) Phenazocine;
(20) Piminodine;
(21) Racemethorphan;
(22) Racemorphan;
(23) Dihydrocodeine;
(24) Bulk Propoxyphene in nondosage forms;
(25) Sufentanil;
(26) Alfentanil;
(27) Levo-alphacetylmethadol which is also known as levo-alpha-
acetylmethadol, levomethadyl acetate, and LAAM;
(28) Carfentanil;
(29) Remifentanil;
(30) Tapentadol; and
(31) Thiafentanil.
(c) Any material, compound, mixture, or preparation which contains any
quantity of the following substances having a potential for abuse associated
with a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical
isomers;
(2) Phenmetrazine and its salts;
(3) Methamphetamine, its salts, isomers, and salts of its isomers;
(4) Methylphenidate; and
(5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(d) Any material, compound, mixture, or preparation which contains any
quantity of the following substances having a potential for abuse associated
with a depressant effect on the central nervous system, including their salts,
isomers, and salts of isomers whenever the existence of such salts, isomers,
and salts of isomers is possible within the specific chemical designations:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Phencyclidine; and
(5) Glutethimide.
(e) Hallucinogenic substances known as:
(1) Nabilone. Another name for nabilone: (+/-)-trans-3-(1,1-
dimethylheptyl)- 6,6a,7,8,10,10a-Hexahydro-1-hydroxy-6,6-dimethyl-9H-
dibenzo(b,d)pyran-9-one; and
(2) Dronabinol in an oral solution in a drug product approved by the
federal Food and Drug Administration.
(f) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine: Phenylacetone.
Trade and other names shall include, but are not limited to: Phenyl-2-
propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone;
(2) Immediate precursors to phencyclidine, PCP:
(A) 1-phenylcyclohexylamine; or
(B) 1-piperidinocyclohexanecarbonitrile, PCC;
(3) Immediate precursor to fentanyl; 4-anilino-N-phenethylpiperidine
(ANPP); or
(4) Tianeptine, its salts, isomers, and salts of isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation.
Schedule III
(a) Any material, compound, mixture, or preparation which contains any
quantity of the following substances having a potential for abuse associated
with a stimulant effect on the central nervous system, including their salts,
isomers, whether optical, position, or geometric, and salts of such isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Benzphetamine;
(2) Chlorphentermine;
(3) Clortermine; and
(4) Phendimetrazine.
(b) Any material, compound, mixture, or preparation which contains any
quantity of the following substances having a potential for abuse associated
with a depressant effect on the central nervous system:
(1) Any substance which contains any quantity of a derivative of
barbituric acid or any salt of a derivative of barbituric acid, except those
substances which are specifically listed in other schedules of this section;
(2) Aprobarbital;
(3) Butabarbital;
(4) Butalbital;
(5) Butethal;
(6) Butobarbital;
(7) Chlorhexadol;
(8) Embutramide;
(9) Lysergic acid;
(10) Lysergic acid amide;
(11) Methyprylon;
(12) Perampanel;
(13) Secbutabarbital;
(14) Sulfondiethylmethane;
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(15) Sulfonethylmethane;
(16) Sulfonmethane;
(17) Nalorphine;
(18) Talbutal;
(19) Thiamylal;
(20) Thiopental;
(21) Vinbarbital;
(22) Any compound, mixture, or preparation containing amobarbital,
secobarbital, pentobarbital, or any salt thereof and one or more other active
medicinal ingredients which are not listed in any schedule;
(23) Any suppository dosage form containing amobarbital, secobarbital,
pentobarbital, or any salt of any of these drugs and approved by the federal
Food and Drug Administration for marketing only as a suppository;
(24) Any drug product containing gamma-hydroxybutyric acid, including its
salts, isomers, and salts of isomers, for which an application is approved
under section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
as such section existed on January 1, 2014;
(25) Ketamine, its salts, isomers, and salts of isomers. Some other names
for ketamine: (+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(26) Tiletamine and zolazepam or any salt thereof. Trade or other names
for a tiletamine-zolazepam combination product shall include, but are not
limited to: telazol. Trade or other names for tiletamine shall include, but are
not limited to: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Trade or other
names for zolazepam shall include, but are not limited to: 4-(2-
fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-(3,4-e) (1,4)-diazepin-7(1H)-
one, and flupyrazapon; and
(27)(A) Xylazine or any of the substances listed below, including their
salts, isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(i) Xylazine-M (2,6Mich dimethylaniline);
(ii) Xylazine-M (N-thiourea-2,6-dimethylaniline);
(iii) Xylazine-M (sulfone-HO-) isomer 2;
(iv) Xylazine-M (HO-2,6-dimethylaniline isomer 1);
(v) Xylazine-M (HO-2,6-dimethylaniline isomer 2);
(vi) Xylazine-M (oxo-);
(vii) Xylazine-M (HO-) isomer 1;
(viii) Xylazine-M (HO-) isomer 1 glucuronide;
(ix) Xylazine-M (HO-) isomer 2;
(x) Xylazine-M (HO-) isomer 2 glucuronide;
(xi) Xylazine-M (HO-oxo-) isomer 1;
(xii) Xylazine-M (HO-oxo-) isomer 1 glucuronide;
(xiii) Xylazine-M (HO-oxo-) isomer 2;
(xiv) Xylazine-M (HO-oxo-) isomer 2 glucuronide;
(xv) Xylazine-M (sulfone); and
(xvi) Xylazine-M (sulfone-HO-) isomer 1.
(B) This subdivision (27) shall not include xylazine when it is used in
any of the following manners:
(i) Dispensing or prescribing for, or administering to, a nonhuman species
a drug containing xylazine that has been approved by the United States
Secretary of Health and Human Services under section 512 of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. 360b, as such act existed on January 1, 2025;
(ii) Dispensing or prescribing for, or administering to, a nonhuman
species that is permissible under section 512(a)(4) of the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. 360b(a)(4), as such act existed on January 1, 2025;
(iii) The manufacturing, distribution, or use of xylazine as an active
pharmaceutical ingredient for manufacturing an animal drug that has been
approved under section 512 of the Federal Food, Drug, and Cosmetic Act, 21
U.S.C. 360b, or that has been issued an investigational use exemption under
section 512(j) of the act, 21 U.S.C. 360b(j), as such act existed on January 1,
2025;
(iv) The manufacturing, distribution, or use of a xylazine bulk chemical
for pharmaceutical compounding by licensed pharmacists or veterinarians for a
nonhuman species in accordance with subdivision (B)(i) or (ii) of this
subdivision (27); or
(v) Any other use approved or permissible under the Federal Food, Drug,
and Cosmetic Act, when dispensed or prescribed for, or administered to, a
nonhuman species in accordance with subdivision (B)(i) or (ii) of this
subdivision (27).
(c) Unless specifically excepted or unless listed in another schedule:
(1) Any material, compound, mixture, or preparation containing limited
quantities of any of the following narcotic drugs, or any salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set forth below:
(A) Not more than one and eight-tenths grams of codeine per one hundred
milliliters or not more than ninety milligrams per dosage unit, with an equal
or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than one and eight-tenths grams of codeine per one hundred
milliliters or not more than ninety milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic amounts;
(C) Not more than one and eight-tenths grams of dihydrocodeine per one
hundred milliliters or not more than ninety milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(D) Not more than three hundred milligrams of ethylmorphine per one
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hundred milliliters or not more than fifteen milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(E) Not more than five hundred milligrams of opium per one hundred
milliliters or per one hundred grams, or not more than twenty-five milligrams
per dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts; and
(F) Not more than fifty milligrams of morphine per one hundred milliliters
or per one hundred grams with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts; and
(2) Any material, compound, mixture, or preparation containing any of the
following narcotic drug or its salts, as set forth below:
(A) Buprenorphine.
(d) Unless contained on the list of exempt anabolic steroids of the Drug
Enforcement Administration of the United States Department of Justice as the
list existed on January 31, 2022, any anabolic steroid, which shall include any
material, compound, mixture, or preparation containing any quantity of the
following substances, including its salts, isomers, and salts of isomers
whenever the existence of such salts of isomers is possible within the specific
chemical designation:
(1) 3-beta,17-dihydroxy-5a-androstane;
(2) 3-alpha,17-beta-dihydroxy-5a-androstane;
(3) 5-alpha-androstan-3,17-dione;
(4) 1-androstenediol (3-beta,17-beta-dihydroxy-5-alpha-androst-1-ene);
(5) 1-androstenediol (3-alpha,17-beta-dihydroxy-5-alpha-androst-1-ene);
(6) 4-androstenediol (3-beta,17-beta-dihydroxy-androst-5-ene);
(7) 5-androstenediol (3-beta,17-beta-dihydroxy-androst-5-ene);
(8) 1-androstenedione ([5-alpha]-androst-1-en-3,17-dione);
(9) 4-androstenedione (androst-4-en-3,17-dione);
(10) 5-androstenedione (androst-5-en-3,17-dione);
(11) Bolasterone (7-alpha,17-alpha-dimethyl-17-beta-hydroxyandrost-4-en-3-
one);
(12) Boldenone (17-beta-hydroxyandrost-1,4-diene-3-one);
(13) Boldione (androsta-1,4-diene-3,17-3-one);
(14) Calusterone (7-beta,17-alpha-dimethyl-17-beta-hydroxyandrost-4-en-3-
one);
(15) Clostebol (4-chloro-17-beta-hydroxyandrost-4-en-3-one);
(16) Dehydrochloromethyltestosterone (4-chloro-17-beta-hydroxy-17-alpha-
methyl-androst-1,4-dien-3-one);
(17) Desoxymethyltestosterone (17-alpha-methyl-5-alpha-androst-2-en-17-
beta-ol) (a.k.a. 'madol');
(18) Delta-1-Dihydrotestosterone (a.k.a. '1-testosterone')(17-beta-
hydroxy-5-alpha-androst-1-en-3-one);
(19) 4-Dihydrotestosterone (17-beta-hydroxy-androstan-3-one);
(20) Drostanolone (17-beta-hydroxy-2-alpha-methyl-5-alpha-androstan-3-
one);
(21) Ethylestrenol (17-alpha-ethyl-17-beta-hydroxyestr-4-ene);
(22) Fluoxymesterone (9-fluoro-17-alpha-methyl-11-beta,17-beta-
dihydroxyandrost-4-en-3-one);
(23) Formebulone (formebolone); (2-formyl-17-alpha-methyl-11-alpha,17-
beta-dihydroxyandrost-1,4-dien-3-one);
(24) Furazabol (17-alpha-methyl-17-beta-hydroxyandrostano[2,3-c]-furazan);
(25) 13-beta-ethyl-17-beta-hydroxygon-4-en-3-one;
(26) 4-hydroxytestosterone (4,17-beta-dihydroxy-androst-4-en-3-one);
(27) 4-hydroxy-19-nortestosterone (4,17-beta-dihydroxy-estr-4-en-3-one);
(28) Mestanolone (17-alpha-methyl-17-beta-hydroxy-5-androstan-3-one);
(29) Mesterolone (17-alpha-methyl-17-beta-hydroxy-5-androstan-3-one);
(30) Methandienone (17-alpha-methyl-17-beta-hydroxyandrost-1,4-dien-3-
one);
(31) Methandriol (17-alpha-methyl-3-beta,17-beta-dihydroxyandrost-5-ene);
(32) Methasterone (2-alpha,17-alpha-dimethyl-5-alpha-androstan-17-beta-
ol-3-one);
(33) Methenolone (1-methyl-17-beta-hydroxy-5-alpha-androst-1-en-3-one);
(34) 17-alpha-methyl-3-beta,17-beta-dihydroxy-5a-androstane;
(35) 17-alpha-methyl-3-alpha,17-beta-dihydroxy-5a-androstane;
(36) 17-alpha-methyl-3-beta,17-beta-dihydroxyandrost-4-ene;
(37) 17-alpha-methyl-4-hydroxynandrolone (17-alpha-methyl-4-hydroxy-17-
beta-hydroxyestr-4-en-3-one);
(38) Methyldienolone (17-alpha-methyl-17-beta-hydroxyestra-4,9(10)-dien-3-
one);
(39) Methyltrienolone (17-alpha-methyl-17-beta-hydroxyestra-4,9,11-
trien-3-one);
(40) Methyltestosterone (17-alpha-methyl-17-beta-hydroxyandrost-4-en-3-
one);
(41) Mibolerone (7-alpha,17-alpha-dimethyl-17-beta-hydroxyestr-4-en-3-
one);
(42) 17-alpha-methyl-delta-1-dihydrotestosterone (17-beta-hydroxy-17-
alpha-methyl-5-alpha-androst-1-en-3-one) (a.k.a. '17-alpha-methyl-1-
testosterone');
(43) Nandrolone (17-beta-hydroxyestr-4-en-3-one);
(44) 19-nor-4-androstenediol (3-beta, 17-beta-dihydroxyestr-4-ene);
(45) 19-nor-4-androstenediol (3-alpha, 17-beta-dihydroxyestr-4-ene);
(46) 19-nor-5-androstenediol (3-beta, 17-beta-dihydroxyestr-5-ene);
(47) 19-nor-5-androstenediol (3-alpha, 17-beta-dihydroxyestr-5-ene);
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(48) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
(49) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(50) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(51) Norbolethone (13-beta, 17-alpha-diethyl-17-beta-hydroxygon-4-en-3-
one);
(52) Norclostebol (4-chloro-17-beta-hydroxyestr-4-en-3-one);
(53) Norethandrolone (17-alpha-ethyl-17-beta-hydroxyestr-4-en-3-one);
(54) Normethandrolone (17-alpha-methyl-17-beta-hydroxyestr-4-en-3-one);
(55) Oxandrolone (17-alpha-methyl-17-beta-hydroxy-2-oxa-[5-alpha]-
androstan-3-one);
(56) Oxymesterone (17-alpha-methyl-4,17-beta-dihydroxyandrost-4-en-3-one);
(57) Oxymetholone (17-alpha-methyl-2-hydroxymethylene-17-beta-hydroxy-[5-
alpha]-androstan-3-one);
(58) Prostanozol (17-beta-hydroxy-5-alpha-androstano[3,2-c]pyrazole);
(59) Stanozolol (17-alpha-methyl-17-beta-hydroxy-[5-alpha]-androst-2-
eno[3,2-c]-pyrazole);
(60) Stenbolone (17-beta-hydroxy-2-methyl-[5-alpha]-androst-1-en-3-one);
(61) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic
acid lactone);
(62) Testosterone (17-beta-hydroxyandrost-4-en-3-one);
(63) Tetrahydrogestrinone (13-beta, 17-alpha-diethyl-17-beta-
hydroxygon-4,9,11-trien-3-one);
(64) Trenbolone (17-beta-hydroxyestr-4,9,11-trien-3-one);
(65) [3,2-c]-furazan-5 alpha-androstane-17 beta-ol;
(66) [3,2-c]pyrazole-androst-4-en-17 beta-ol;
(67) 17 alpha-methyl-androst-ene-3,17 beta-diol;
(68) 17 alpha-methyl-androsta-1,4-diene-3,17 beta-diol;
(69) 17 alpha-methyl-androstan-3-hydroxyimine-17 beta-ol;
(70) 17 beta-hydroxy-androstano[2,3-d]isoxazole;
(71) 17 beta-hydroxy-androstano[3,2-c]isoxazole;
(72) 18a-homo-3-hydroxy-estra-2,5(10)-dien-17-one;
(73) 2 alpha, 3 alpha-epithio-17 alpha-methyl-5 alpha-androstan-17 beta-
ol;
(74) 4-chloro-17 alpha-methyl-17 beta-hydroxy-androst-4-en-3-one;
(75) 4-chloro-17 alpha-methyl-17 beta-hydroxy-androst-4-en-3,11-dione;
(76) 4-chloro-17 alpha-methyl-androst-4-ene-3 beta,17 beta-diol;
(77) 4-chloro-17 alpha-methyl-androsta-1,4-diene-3,17 beta-diol;
(78) 4-hydroxy-androst-4-ene-3,17-dione;
(79) 5 alpha-Androstan-3,6,17-trione;
(80) 6-bromo-androst-1,4-diene-3,17-dione;
(81) 6-bromo-androstan-3,17-dione;
(82) 6 alpha-methyl-androst-4-ene-3,17-dione;
(83) Delta 1-dihydrotestosterone;
(84) Estra-4,9,11-triene-3,17-dione; and
(85) Any salt, ester, or ether of a drug or substance described or listed
in this subdivision if the salt, ester, or ether promotes muscle growth.
(e) Hallucinogenic substances known as:
(1) Dronabinol, synthetic, in sesame oil and encapsulated in a soft
gelatin capsule in a drug product approved by the federal Food and Drug
Administration. Some other names for dronabinol are (6aR-trans)-6a,7,8,10a-
tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d)pyran-1-ol or (-)-delta-9-
(trans)-tetrahydrocannabinol.
Schedule IV
(a) Any material, compound, mixture, or preparation which contains any
quantity of the following substances, including their salts, isomers, and salts
of isomers whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation:
(1) Barbital;
(2) Chloral betaine;
(3) Chloral hydrate;
(4) Chlordiazepoxide, but not including librax (chlordiazepoxide
hydrochloride and clindinium bromide) or menrium (chlordiazepoxide and water
soluble esterified estrogens);
(5) Clonazepam;
(6) Clorazepate;
(7) Daridorexant;
(8) Diazepam;
(9) Ethchlorvynol;
(10) Ethinamate;
(11) Flurazepam;
(12) Mebutamate;
(13) Meprobamate;
(14) Methohexital;
(15) Methylphenobarbital;
(16) Oxazepam;
(17) Paraldehyde;
(18) Petrichloral;
(19) Phenobarbital;
(20) Prazepam;
(21) Alprazolam;
(22) Bromazepam;
(23) Camazepam;
(24) Clobazam;
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(25) Clotiazepam;
(26) Cloxazolam;
(27) Delorazepam;
(28) Estazolam;
(29) Ethyl loflazepate;
(30) Fludiazepam;
(31) Flunitrazepam;
(32) Halazepam;
(33) Haloxazolam;
(34) Ketazolam;
(35) Loprazolam;
(36) Lorazepam;
(37) Lormetazepam;
(38) Medazepam;
(39) Nimetazepam;
(40) Nitrazepam;
(41) Nordiazepam;
(42) Oxazolam;
(43) Pinazepam;
(44) Temazepam;
(45) Tetrazepam;
(46) Triazolam;
(47) Midazolam;
(48) Quazepam;
(49) Zolpidem;
(50) Dichloralphenazone;
(51) Zaleplon;
(52) Zopiclone;
(53) Fospropofol;
(54) Alfaxalone;
(55) Suvorexant;
(56) Carisoprodol;
(57) Brexanolone; 3 alpha-hydroxy-5 alpha-pregnan-20-one;
(58) Lemborexant;
(59) Solriamfetol; 2-amino-3-phenylpropyl carbamate;
(60) Remimazolam;
(61) Serdexmethylphenidate; and
(62) Zuranolone (1-[2-[(3R,5R,8R,9R,10S,13S,14S,17S)-3-hydroxy-3,13-
dimethyl-2,4,5,6,7,8,9,10,11,12,14,15,16,17-tetradecahydro-1H-
cyclopenta[a]phenanthren-17-yl]-2-oxoethyl]pyrazole-4-carbonitrile).
(b) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including their salts, isomers, whether optical, position, or geometric, and
salts of such isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Diethylpropion;
(2) Phentermine;
(3) Pemoline, including organometallic complexes and chelates thereof;
(4) Mazindol;
(5) Pipradrol;
(6) SPA, ((-)-1-dimethylamino-1,2-diphenylethane);
(7) Cathine. Another name for cathine is ((+)-norpseudoephedrine);
(8) Fencamfamin;
(9) Fenproporex;
(10) Mefenorex;
(11) Modafinil; and
(12) Sibutramine.
(c) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following narcotic drugs, or their salts or isomers calculated as the free
anhydrous base or alkaloid, in limited quantities as set forth below:
(1) Propoxyphene in manufactured dosage forms;
(2) Not more than one milligram of difenoxin and not less than twenty-five
micrograms of atropine sulfate per dosage unit; and
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts,
optical and geometric isomers, and salts of these isomers to include: Tramadol.
(d) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances, including their salts:
(1) Pentazocine; and
(2) Butorphanol (including its optical isomers).
(e) Any material, compound, mixture, or preparation which contains any
quantity of the following substance, including its salts, isomers, and salts of
such isomers, whenever the existence of such salts, isomers, and salts of
isomers is possible: Lorcaserin.
(f)(1) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of
the following substance, including its salts, optical isomers, and salts of
such optical isomers: Ephedrine.
(2) The following drug products containing ephedrine, its salts, optical
isomers, and salts of such optical isomers, are excepted from subdivision (f)
(1) of Schedule IV if they (A) are stored behind a counter, in an area not
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accessible to customers, or in a locked case so that a customer needs
assistance from an employee to access the drug product; (B) are sold by a
person, eighteen years of age or older, in the course of his or her employment
to a customer eighteen years of age or older with the following restrictions:
No customer shall be allowed to purchase, receive, or otherwise acquire more
than three and six-tenths grams of ephedrine base during a twenty-four-hour
period; no customer shall purchase, receive, or otherwise acquire more than
nine grams of ephedrine base during a thirty-day period; and the customer shall
display a valid driver's or operator's license, a Nebraska state identification
card, a military identification card, an alien registration card, or a passport
as proof of identification; (C) are labeled and marketed in a manner consistent
with the pertinent OTC Tentative Final or Final Monograph; (D) are manufactured
and distributed for legitimate medicinal use in a manner that reduces or
eliminates the likelihood of abuse; and (E) are not marketed, advertised, or
represented in any manner for the indication of stimulation, mental alertness,
euphoria, ecstasy, a buzz or high, heightened sexual performance, or increased
muscle mass:
(i) Primatene Tablets; and
(ii) Bronkaid Dual Action Caplets.
(g) Any pharmaceutical composition of crystalline polymorph psilocybin
approved by the federal Food and Drug Administration.
Schedule V
(a) Any compound, mixture, or preparation containing any of the following
limited quantities of narcotic drugs or salts calculated as the free anhydrous
base or alkaloid, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture, or
preparation valuable medicinal qualities other than those possessed by the
narcotic drug alone:
(1) Not more than two hundred milligrams of codeine per one hundred
milliliters or per one hundred grams;
(2) Not more than one hundred milligrams of dihydrocodeine per one hundred
milliliters or per one hundred grams;
(3) Not more than one hundred milligrams of ethylmorphine per one hundred
milliliters or per one hundred grams;
(4) Not more than two and five-tenths milligrams of diphenoxylate and not
less than twenty-five micrograms of atropine sulfate per dosage unit;
(5) Not more than one hundred milligrams of opium per one hundred
milliliters or per one hundred grams; and
(6) Not more than five-tenths milligram of difenoxin and not less than
twenty-five micrograms of atropine sulfate per dosage unit.
(b) Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers, and salts of isomers:
Pyrovalerone.
(c) Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances having a depressant effect on the central
nervous system, including its salts, isomers, and salts of isomers:
(1) Ezogabine (N-(2-amino-4-(4-fluorobenzylamino)-phenyl)-carbamic acid
ethyl ester);
(2) Ganaxolone;
(3) Lacosamide ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide);
(4) Pregabalin ((S)-3-(aminomethyl)-5-methylhexanoic acid);
(5) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide)
(also referred to as BRV; UCB-34714; Briviact), including its salts;
(6) Cenobamate; and
(7) Lasmiditan.
Sec. 2. Section 28-416, Revised Statutes Supplement, 2025, is amended to
read:
28-416 (1) 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.
(2) Except as provided in subsections (4), (5), (7), (8), (9), and (10),
and (11) of this section, any person who violates subsection (1) of this
section with respect to: (a) A controlled substance classified in Schedule I,
II, or III of section 28-405 which is an exceptionally hazardous drug shall be
guilty of a Class II felony; (b) any other controlled substance classified in
Schedule I, II, or III of section 28-405 shall be guilty of a Class IIA felony;
or (c) a controlled substance classified in Schedule IV or V of section 28-405
shall be guilty of a Class IIIA felony.
(3) A person knowingly or intentionally possessing a controlled substance,
except marijuana or any substance containing a quantifiable amount of the
substances, chemicals, or compounds described, defined, or delineated in
subdivision (c)(28) of Schedule I of section 28-405, unless such substance was
obtained directly or pursuant to a medical order issued by a practitioner
authorized to prescribe while acting in the course of his or her professional
practice, or except as otherwise authorized by the act, shall be guilty of a
Class IV felony. A person shall not be in violation of this subsection if
section 28-472 or 28-1701 applies.
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(4)(a) Except as authorized by the Uniform Controlled Substances Act, any
person eighteen years of age or older who knowingly or intentionally
manufactures, distributes, delivers, dispenses, or possesses with intent to
manufacture, distribute, deliver, or dispense a controlled substance or a
counterfeit controlled substance (i) to a person under the age of eighteen
years, (ii) in, on, or within one thousand feet of the real property comprising
a public or private elementary, vocational, or secondary school, a community
college, a public or private college, junior college, or university, or a
playground, or (iii) within one hundred feet of a public or private youth
center, public swimming pool, or video arcade facility shall be punished by the
next higher penalty classification than the penalty prescribed in subsection
(2), (7), (8), (9), or (10), or (11) of this section, depending upon the
controlled substance involved, for the first violation and for a second or
subsequent violation shall be punished by the next higher penalty
classification than that prescribed for a first violation of this subsection,
but in no event shall such person be punished by a penalty greater than a Class
IB felony.
(b) For purposes of this subsection:
(i) Playground means any outdoor facility, including any parking lot
appurtenant to the facility, intended for recreation, open to the public, and
with any portion containing three or more apparatus intended for the recreation
of children, including sliding boards, swingsets, and teeterboards;
(ii) Video arcade facility means any facility legally accessible to
persons under eighteen years of age, intended primarily for the use of pinball
and video machines for amusement, and containing a minimum of ten pinball or
video machines; and
(iii) Youth center means any recreational facility or gymnasium, including
any parking lot appurtenant to the facility or gymnasium, intended primarily
for use by persons under eighteen years of age which regularly provides
athletic, civic, or cultural activities.
(5)(a) Except as authorized by the Uniform Controlled Substances Act, it
shall be unlawful for any person eighteen years of age or older to knowingly
and intentionally employ, hire, use, cause, persuade, coax, induce, entice,
seduce, or coerce any person under the age of eighteen years to manufacture,
transport, distribute, carry, deliver, dispense, prepare for delivery, offer
for delivery, or possess with intent to do the same a controlled substance or a
counterfeit controlled substance.
(b) Except as authorized by the Uniform Controlled Substances Act, it
shall be unlawful for any person eighteen years of age or older to knowingly
and intentionally employ, hire, use, cause, persuade, coax, induce, entice,
seduce, or coerce any person under the age of eighteen years to aid and abet
any person in the manufacture, transportation, distribution, carrying,
delivery, dispensing, preparation for delivery, offering for delivery, or
possession with intent to do the same of a controlled substance or a
counterfeit controlled substance.
(c) Any person who violates subdivision (a) or (b) of this subsection
shall be punished by the next higher penalty classification than the penalty
prescribed in subsection (2), (7), (8), (9), or (10), or (11) of this section,
depending upon the controlled substance involved, for the first violation and
for a second or subsequent violation shall be punished by the next higher
penalty classification than that prescribed for a first violation of this
subsection, but in no event shall such person be punished by a penalty greater
than a Class IB felony.
(6) It shall not be a defense to prosecution for violation of subsection
(4) or (5) of this section that the defendant did not know the age of the
person through whom the defendant violated such subsection.
(7) Any person who violates subsection (1) of this section with respect to
cocaine or any mixture or substance containing a detectable amount of cocaine
in a quantity of:
(a) One hundred forty grams or more shall be guilty of a Class IB felony;
(b) At least twenty-eight grams but less than one hundred forty grams
shall be guilty of a Class IC felony; or
(c) At least ten grams but less than twenty-eight grams shall be guilty of
a Class ID felony.
(8) Any person who violates subsection (1) of this section with respect to
base cocaine (crack) or any mixture or substance containing a detectable amount
of base cocaine in a quantity of:
(a) One hundred forty grams or more shall be guilty of a Class IB felony;
(b) At least twenty-eight grams but less than one hundred forty grams
shall be guilty of a Class IC felony; or
(c) At least ten grams but less than twenty-eight grams shall be guilty of
a Class ID felony.
(9) Any person who violates subsection (1) of this section with respect to
heroin or any mixture or substance containing a detectable amount of heroin in
a quantity of:
(a) One hundred forty grams or more shall be guilty of a Class IB felony;
(b) At least twenty-eight grams but less than one hundred forty grams
shall be guilty of a Class IC felony; or
(c) At least ten grams but less than twenty-eight grams shall be guilty of
a Class ID felony.
(10) Any person who violates subsection (1) of this section with respect
to amphetamine, its salts, optical isomers, and salts of its isomers, or with
respect to methamphetamine, its salts, optical isomers, and salts of its
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isomers, in a quantity of:
(a) One hundred forty grams or more shall be guilty of a Class IB felony;
(b) At least twenty-eight grams but less than one hundred forty grams
shall be guilty of a Class IC felony; or
(c) At least ten grams but less than twenty-eight grams shall be guilty of
a Class ID felony.
(11)(a) Any person who violates subsection (1) of this section with
respect to fentanyl or any mixture or substance containing a detectable amount
of fentanyl in a quantity of:
(i) One hundred forty grams or more shall be guilty of a Class IB felony;
(ii) At least twenty-eight grams but less than one hundred forty grams
shall be guilty of a Class IC felony; or
(iii) At least ten grams but less than twenty-eight grams shall be guilty
of a Class ID felony.
(b) For purposes of this subsection, fentanyl means:
(i) Fentanyl;
(ii) Any isomer, ester, ether, or salt of fentanyl or any salt of any
isomer, ester, or ether of fentanyl; and
(iii) Any substance described in subdivision (a)(111) of Schedule I of
section 28-405.
(12) (11) Any person knowingly or intentionally possessing marijuana
weighing more than one ounce but not more than one pound shall be guilty of a
Class III misdemeanor.
(13) (12) Any person knowingly or intentionally possessing marijuana
weighing more than one pound shall be guilty of a Class IV felony.
(14) (13) Except as provided in section 28-1701, any person knowingly or
intentionally possessing marijuana weighing one ounce or less or any substance
containing a quantifiable amount of the substances, chemicals, or compounds
described, defined, or delineated in subdivision (c)(28) of Schedule I of
section 28-405 shall:
(a) For the first offense, be guilty of an infraction, receive a citation,
be fined three hundred dollars, and be assigned to attend a course as
prescribed in section 29-433 if the judge determines that attending such course
is in the best interest of the individual defendant;
(b) For the second offense, be guilty of a Class IV misdemeanor, receive a
citation, and be fined four hundred dollars and may be imprisoned not to exceed
five days; and
(c) For the third and all subsequent offenses, be guilty of a Class IIIA
misdemeanor, receive a citation, be fined five hundred dollars, and be
imprisoned not to exceed seven days.
(15) (14) Any person convicted of violating this section, if placed on
probation, shall, as a condition of probation, satisfactorily attend and
complete appropriate treatment and counseling on drug abuse provided by a
program authorized under the Nebraska Behavioral Health Services Act or other
licensed drug treatment facility.
(16) (15) Any person convicted of violating this section, if sentenced to
the Department of Correctional Services, shall attend appropriate treatment and
counseling on drug abuse.
(17)(a) (16)(a) Any person convicted of a violation of subsection (1) of
this section shall be punished by the next higher penalty classification than
the penalty prescribed in subsection (2), (7), (8), (9), or (10), or (11) of
this section if:
(i) The person knowingly or intentionally possessed a firearm while in
violation of subsection (1) of this section; or
(ii) Such violation resulted in the use of the controlled substance and
directly and proximately caused the death of, or serious bodily injury to,
another person.
(b) A penalty enhanced under this subsection shall in no event result in a
penalty greater than a Class IB felony.
(18) (17) A person knowingly or intentionally in possession of money used
or intended to be used to facilitate a violation of subsection (1) of this
section shall be guilty of a Class IV felony.
(19) (18) In addition to the existing penalties available for a violation
of subsection (1) of this section, including any criminal attempt or conspiracy
to violate subsection (1) of this section, a sentencing court may order that
any money, securities, negotiable instruments, firearms, conveyances, or
electronic communication devices as defined in section 28-833 or any equipment,
components, peripherals, software, hardware, or accessories related to
electronic communication devices be forfeited as a part of the sentence imposed
if it finds by clear and convincing evidence adduced at a separate hearing in
the same prosecution, following conviction for a violation of subsection (1) of
this section, and conducted pursuant to section 28-1601, that any or all such
property was derived from, used, or intended to be used to facilitate a
violation of subsection (1) of this section.
(20) (19) In addition to the penalties provided in this section:
(a) If the person convicted or adjudicated of violating this section is
eighteen years of age or younger and has one or more licenses or permits issued
under the Motor Vehicle Operator's License Act:
(i) For the first offense, the court may, as a part of the judgment of
conviction or adjudication, (A) impound any such licenses or permits for thirty
days and (B) require such person to attend a drug education class;
(ii) For a second offense, the court may, as a part of the judgment of
conviction or adjudication, (A) impound any such licenses or permits for ninety
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days and (B) require such person to complete no fewer than twenty and no more
than forty hours of community service and to attend a drug education class; and
(iii) For a third or subsequent offense, the court may, as a part of the
judgment of conviction or adjudication, (A) impound any such licenses or
permits for twelve months and (B) require such person to complete no fewer than
sixty hours of community service, to attend a drug education class, and to
submit to a drug assessment by a licensed alcohol and drug counselor; and
(b) If the person convicted or adjudicated of violating this section is
eighteen years of age or younger and does not have a permit or license issued
under the Motor Vehicle Operator's License Act:
(i) For the first offense, the court may, as part of the judgment of
conviction or adjudication, (A) prohibit such person from obtaining any permit
or any license pursuant to the act for which such person would otherwise be
eligible until thirty days after the date of such order and (B) require such
person to attend a drug education class;
(ii) For a second offense, the court may, as part of the judgment of
conviction or adjudication, (A) prohibit such person from obtaining any permit
or any license pursuant to the act for which such person would otherwise be
eligible until ninety days after the date of such order and (B) require such
person to complete no fewer than twenty hours and no more than forty hours of
community service and to attend a drug education class; and
(iii) For a third or subsequent offense, the court may, as part of the
judgment of conviction or adjudication, (A) prohibit such person from obtaining
any permit or any license pursuant to the act for which such person would
otherwise be eligible until twelve months after the date of such order and (B)
require such person to complete no fewer than sixty hours of community service,
to attend a drug education class, and to submit to a drug assessment by a
licensed alcohol and drug counselor.
A copy of an abstract of the court's conviction or adjudication shall be
transmitted to the Director of Motor Vehicles pursuant to sections 60-497.01 to
60-497.04 if a license or permit is impounded or a juvenile is prohibited from
obtaining a license or permit under this subsection.
Sec. 3. Section 28-1354, Revised Statutes Supplement, 2025, is amended to
read:
28-1354 For purposes of the Public Protection Act:
(1) Enterprise means any individual, sole proprietorship, partnership,
corporation, trust, association, or any legal entity, union, or group of
individuals associated in fact although not a legal entity, and shall include
illicit as well as licit enterprises as well as other entities;
(2) Pattern of racketeering activity means a cumulative loss for one or
more victims or gains for the enterprise of not less than one thousand five
hundred dollars resulting from at least two acts of racketeering activity, one
of which occurred after August 30, 2009, and the last of which occurred within
ten years, excluding any period of imprisonment, after the commission of a
prior act of racketeering activity;
(3) Until January 1, 2017, person means any individual or entity, as
defined in section 21-2014, holding or capable of holding a legal, equitable,
or beneficial interest in property. Beginning January 1, 2017, person means any
individual or entity, as defined in section 21-214, holding or capable of
holding a legal, equitable, or beneficial interest in property;
(4) Prosecutor includes the Attorney General of the State of Nebraska, the
deputy attorney general, assistant attorneys general, a county attorney, a
deputy county attorney, or any person so designated by the Attorney General, a
county attorney, or a court of the state to carry out the powers conferred by
the act;
(5) Racketeering activity includes the commission of, criminal attempt to
commit, conspiracy to commit, aiding and abetting in the commission of, aiding
in the consummation of, acting as an accessory to the commission of, or the
solicitation, coercion, or intimidation of another to commit or aid in the
commission of any of the following:
(a) Offenses against the person which include: Murder in the first degree
under section 28-303; murder in the second degree under section 28-304;
manslaughter under section 28-305; assault in the first degree under section
28-308; assault in the second degree under section 28-309; assault in the third
degree under section 28-310; terroristic threats under section 28-311.01;
kidnapping under section 28-313; false imprisonment in the first degree under
section 28-314; false imprisonment in the second degree under section 28-315;
sexual assault in the first degree under section 28-319; and robbery under
section 28-324;
(b) Offenses relating to controlled substances which include: To
unlawfully manufacture, distribute, deliver, dispense, or possess with intent
to manufacture, distribute, deliver, or dispense a controlled substance under
subsection (1) of section 28-416; possession of marijuana weighing more than
one pound under subsection (13) (12) of section 28-416; possession of money
used or intended to be used to facilitate a violation of subsection (1) of
section 28-416 prohibited under subsection (18) (17) of section 28-416; any
violation of section 28-418; to unlawfully manufacture, distribute, deliver, or
possess with intent to distribute or deliver an imitation controlled substance
under section 28-445; possession of anhydrous ammonia with the intent to
manufacture methamphetamine under section 28-451; and possession of ephedrine,
pseudoephedrine, or phenylpropanolamine with the intent to manufacture
methamphetamine under section 28-452;
(c) Offenses against property which include: Arson in the first degree
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under section 28-502; arson in the second degree under section 28-503; arson in
the third degree under section 28-504; burglary under section 28-507; theft by
unlawful taking or disposition under section 28-511; theft by shoplifting under
section 28-511.01; theft by deception under section 28-512; theft by extortion
under section 28-513; theft of services under section 28-515; theft by
receiving stolen property under section 28-517; criminal mischief under section
28-519; and unlawfully depriving or obtaining property or services using a
computer under section 28-1344;
(d) Offenses involving fraud which include: Burning to defraud an insurer
under section 28-505; forgery in the first degree under section 28-602; forgery
in the second degree under section 28-603; criminal possession of a forged
instrument under section 28-604; criminal possession of written instrument
forgery devices under section 28-605; criminal impersonation under section
28-638; identity theft under section 28-639; identity fraud under section
28-640; false statement or book entry under section 28-612; tampering with a
publicly exhibited contest under section 28-614; issuing a false financial
statement for purposes of obtaining a financial transaction device under
section 28-619; unauthorized use of a financial transaction device under
section 28-620; criminal possession of a financial transaction device under
section 28-621; unlawful circulation of a financial transaction device in the
first degree under section 28-622; unlawful circulation of a financial
transaction device in the second degree under section 28-623; criminal
possession of a blank financial transaction device under section 28-624;
criminal sale of a blank financial transaction device under section 28-625;
criminal possession of a financial transaction forgery device under section
28-626; unlawful manufacture of a financial transaction device under section
28-627; laundering of sales forms under section 28-628; unlawful acquisition of
sales form processing services under section 28-629; unlawful factoring of a
financial transaction device under section 28-630; and fraudulent insurance
acts under section 28-631;
(e) Offenses involving governmental operations which include: Abuse of
public records under section 28-911; perjury or subornation of perjury under
section 28-915; bribery under section 28-917; bribery of a witness under
section 28-918; tampering with a witness or informant or jury tampering under
section 28-919; bribery of a juror under section 28-920; assault on an officer,
an emergency responder, a state correctional employee, a Department of Health
and Human Services employee, or a health care professional in the first degree
under section 28-929; assault on an officer, an emergency responder, a state
correctional employee, a Department of Health and Human Services employee, or a
health care professional in the second degree under section 28-930; assault on
an officer, an emergency responder, a state correctional employee, a Department
of Health and Human Services employee, or a health care professional in the
third degree under section 28-931; and assault on an officer, an emergency
responder, a state correctional employee, a Department of Health and Human
Services employee, or a health care professional using a motor vehicle under
section 28-931.01;
(f) Offenses involving gambling which include: Promoting gambling in the
first degree under section 28-1102; possession of gambling records under
section 28-1105; gambling debt collection under section 28-1105.01; and
possession of a gambling device under section 28-1107;
(g) Offenses relating to firearms, weapons, and explosives which include:
Carrying a concealed weapon under section 28-1202; transportation or possession
of machine guns, short rifles, or short shotguns under section 28-1203;
unlawful possession of a handgun under section 28-1204; unlawful transfer of a
firearm to a juvenile under section 28-1204.01; possession of a firearm by a
prohibited juvenile offender under section 28-1204.05; using a deadly weapon to
commit a felony, possession of a deadly weapon during the commission of a
felony, or carrying a firearm or destructive device during the commission of a
dangerous misdemeanor under section 28-1205; possession of a deadly weapon by a
prohibited person under section 28-1206; possession of a defaced firearm under
section 28-1207; defacing a firearm under section 28-1208; unlawful discharge
of a firearm under section 28-1212.02; possession, receipt, retention, or
disposition of a stolen firearm under section 28-1212.03; unlawful possession
of explosive materials in the first degree under section 28-1215; unlawful
possession of explosive materials in the second degree under section 28-1216;
unlawful sale of explosives under section 28-1217; use of explosives without a
permit under section 28-1218; obtaining an explosives permit through false
representations under section 28-1219; possession of a destructive device under
section 28-1220; threatening the use of explosives or placing a false bomb
under section 28-1221; using explosives to commit a felony under section
28-1222; using explosives to damage or destroy property under section 28-1223;
and using explosives to kill or injure any person under section 28-1224;
(h) Any violation of the Securities Act of Nebraska pursuant to section
8-1117;
(i) Any violation of the Nebraska Revenue Act of 1967 pursuant to section
77-2713;
(j) Offenses relating to public health and morals which include:
Prostitution under section 28-801; pandering under section 28-802; keeping a
place of prostitution under section 28-804; labor trafficking, sex trafficking,
labor trafficking of a minor, or sex trafficking of a minor under section
28-831; a violation of section 28-1005; and any act relating to the visual
depiction of sexually explicit conduct prohibited in the Child Sexual Abuse
Material Prevention Act; and
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(k) A violation of the Computer Crimes Act;
(6) State means the State of Nebraska or any political subdivision or any
department, agency, or instrumentality thereof; and
(7) Unlawful debt means a debt of at least one thousand five hundred
dollars:
(a) Incurred or contracted in gambling activity which was in violation of
federal law or the law of the state or which is unenforceable under state or
federal law in whole or in part as to principal or interest because of the laws
relating to usury; or
(b) Which was incurred in connection with the business of gambling in
violation of federal law or the law of the state or the business of lending
money or a thing of value at a rate usurious under state law if the usurious
rate is at least twice the enforceable rate.
Sec. 4. Section 28-1701, Revised Statutes Supplement, 2025, is amended to
read:
28-1701 (1) A person shall not be arrested or prosecuted for an eligible
alcohol or drug offense if such person witnessed or was the victim of a sexual
assault and such person:
(a) Either:
(i) In good faith, reported such sexual assault to law enforcement; or
(ii) Requested emergency medical assistance for the victim of the sexual
assault; and
(b) Evidence supporting the arrest or prosecution of the eligible alcohol
or drug offense was obtained or discovered as a result of such person reporting
such sexual assault to law enforcement or requesting emergency medical
assistance.
(2) A person shall not be arrested or prosecuted for an eligible alcohol
or drug offense if:
(a) Evidence supporting the arrest or prosecution of the person for the
offense was obtained or discovered as a result of the investigation or
prosecution of a sexual assault; and
(b) Such person cooperates with law enforcement in the investigation or
prosecution of the sexual assault.
(3) For purposes of this section:
(a) Eligible alcohol or drug offense means:
(i) A violation of subsection (3) or (14) (13) of section 28-416 or of
section 28-441;
(ii) A violation of section 53-180.02 committed by a person older than
eighteen years of age and under the age of twenty-one years, as described in
subdivision (4)(a) of section 53-180.05;
(iii) A violation of a city or village ordinance similar to subdivision
(3)(a)(i) or (ii) of this section; or
(iv) Attempt, conspiracy, solicitation, being an accessory to, aiding and
abetting, aiding the consummation of, or compounding a felony with any of the
offenses in subdivision (3)(a)(i), (ii), or (iii) of this section as the
underlying offense; and
(b) Sexual assault means:
(i) A violation of section 28-316.01, 28-319, 28-319.01, 28-320,
28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05,
28-703, or 28-1805, sex trafficking or sex trafficking of a minor under section
28-831, or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d),
(e), or (f) of section 28-707; or
(ii) Attempt, conspiracy, solicitation, being an accessory to, aiding and
abetting, aiding the consummation of, or compounding a felony with any of the
offenses listed in subdivision (3)(b)(i) of this section as the underlying
offense.
Sec. 5. Original sections 28-405, 28-416, 28-1354, and 28-1701, Revised
Statutes Supplement, 2025, are repealed.
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