Contact Kelsey Watznauer at (309) 820-3254. At around 1:40 a.m., convicted felon and Geneva resident Jerry Lovett Jr. got into an argument with a 54-year-old male, GPD said. of All voluntary payments or assessments shall be made as if the drug were 100% pure. 007.02A(1) If provided with new information as a result of a reevaluation, the Department shall not be obligated to increase or decrease its assessment if it determines the reevaluation method was flawed. (iv) Substitute any chemically equivalent drug product for a prescribed drug to comply with a drug formulary which is covered by the patient's health insurance plan unless the prescribing practitioner specifies "no substitution", "dispense as written", or "D.A.W." He has been here for over 20 years. Diversion Captain, NE State Patrol Headquarters, PO Box 94907, Lincoln, NE 68509-4907. The attorney listings on this site are paid attorney advertising. His mother lives here & I'm his wife & I live here. I agree with Mrs. Walter with regard to getting a reduction in charge for attempted possession of a 007.07A(1) In the event an individual has paid a sufficient amount of tax on a drug utilizing a commonly accepted method of measuring the amount of the drug, the Department shall not apply a different standard of measurement to the drugs which would result in an increase in the amount of tax owed on the drugs. 002.01F "Like drug" means any controlled substance derived directly from the processing of another controlled substance or marijuana, which processing does not alter the chemical structure of the first substance so as to create a different, federally-defined analog controlled substance, as described in the Federal Drug Abuse Prevention Act, 21 U.S.C. However, the Department may periodically release statistical information that informs the public or other agencies of the Drug Tax Programs progress. An electronic prescription may be electronically or digitally signed and transmitted to the pharmacy and may serve as the original prescription. Nebraska Code that lists precisely which drugs fit into each group. 003.04A Once dated and issued, no refund will be granted on any drug tax stamp unless the refund request is based on a Department error. LOGAN Sixty-one indictments were handed up in Logan County after the grand jury met for their January term. The Department may rebut this presumption by presenting evidence of the time of mailing. 012.01 Effective October 1, 1991, all revenue originating from a county as defined by the Marijuana and Controlled Substances Tax Act and obtained by the Department through the Drug Tax Program shall be remitted to the State Treasurer for distribution in the following manner: 012.01A Five percent to the Marijuana and Controlled Substances Tax Administration Cash Fund; 012.01B Forty-seven and one half percent to the County Drug Law Enforcement and Education Fund of the county from which the proceeds originated, but no county shall be entitled to receive more than forty-seven and one half percent of the actual amount collected from it; 012.01C Forty-seven and one half percent to the Nebraska State Patrol Drug Control and Education Cash Fund. You're all set! 006.02 Any person in possession of the threshold amount of any single type of drug shall be considered a dealer and shall be liable for taxes on all other drugs in his or her possession, regardless of whether or not the dealer possesses the other drugs in quantities sufficient to meet minimum threshold amounts. "Crack" cocaine is a Class A controlled drug, being a "preparation or other product containing a substance" which is a controlled drug (Schedule 2 part 1 paragraph 5 of the Act). 002.01P "Dosage unit" means the medically-approved minimum dosage of a controlled substance to achieve the purpose and effect of the drug. Battery charges have been filed against a Bloomington man. 007.04 For steroids or other liquids sold by volume, tax shall be calculated using a medically-approved dosage unit, when such a dosage unit opinion is available from a qualified health care professional or other qualified authority. Police were communicating with Bean in a covert capacity on Jan. 13 to arrange a sale and delivery of methamphetamine, according to the affidavit of probable cause. An arraignment was scheduled for Feb. 3. Copyright 2023 Nexstar Media Inc. All rights reserved. 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Justin M. Mata, 28, no address given, is charged with possession of less than five grams of meth with intent to deliver, a Class 2 felony, and possession of less than five grams of meth, a Class 3 felony. R Upon request, Department employees may explain the form and may assist the taxpayer in calculating the actual amount of tax due. Get the latest in local public safety news with this weekly email. See reviews and ratings, and find an attorney that's right for you. Follow her on Twitter: @kwatznauer. 006.06 A dealer is solely responsible for determining and affixing the proper amounts of drug tax stamps to all marijuana and controlled substances in his or her possession. 007.06 In the event an assessee possesses two or more like drugs which are not commonly sold in the same method of measurement (i.e., weight, dosage unit or volume), tax may be calculated utilizing whichever measurement method(s) the Department determines is appropriate, provided the method selected can be applied to each of the like drugs the Department determines should be grouped for assessment purposes. 008.02 Regardless of any other provision in these regulations, the Tax Commissioner shall have the authority to abate any penalty or reduce the amount of any assessment levied pursuant to this program. Lovett Jr. remains in a medical facility recovering from his wounds, in custody of the Ontario County Sheriffs Office. Stat. If a pharmacist substitutes any chemically equivalent drug product as permitted under this subdivision, the pharmacist shall provide notice to the prescribing practitioner or the prescribing practitioner's designee. All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. When deputies arrived, they found 52-year-old, John A. Jacobitz of Bruning, Nebraska slumped over in the drivers seat. that topic, see Nebraska Marijuana Laws. Sign up for our newsletter to keep reading. Charges have been filed against Jordan R. King, 34, for violation of the Illinois Violent Offender Against Youth Act. 007.03 In the case of unmanicured marijuana, the Department shall not consider the weight of any attached dirt or part of the stalk in calculating the weight of the taxable marijuana unless otherwise provided by the Legislature. However, if a taxpayer elects not to contact the Departments Drug Tax Agent and a doubt subsequently exists regarding whether drug tax stamps properly were affixed, the Department shall determine whether there was any practical way in which the stamps could have been affixed permanently to a container. HTML PDF. App. 007.05 For substances in liquid form which are ordinarily sold either in liquid or subsequently in solid dosage units, tax shall be calculated based upon dosage unit when available or determinable, by weight of the substance, or in any other manner reasonable and appropriate in the circumstances. 004.02 Any person or entity legally in possession of marijuana or controlled substances that would otherwise be taxable under the provisions of these regulations and the Marijuana and Controlled Substances Tax Act shall be exempt from taxation. He remains jailed in lieu of posting $20,035. 002.01E "Drug" or "taxable drug" means any item, plant or thing identified as a controlled substance in section 28-405 Neb. Stat. Eleven charges involving weapons and drugs are pending against a Bloomington man after a traffic stop. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 007.03C In the event an assessee disputes the Departments calculation of the amount of taxable marijuana confiscated and the marijuana in question is still available for weighing, the assessee may arrange with a court to have the marijuana manicured and weighed at his or her own expense. (Sections 77-4303 and 77-4315. 007.03B(1) For the purposes of estimating the total number of plants in a field, the Department may use any method of estimation reasonably calculated to arrive at a close approximation of the actual number. A 35-year-old teacher was arrested on multiple drug-related charges after an investigation into the beating, the Aiken County Sheriffs Office said Jan. 13 in a news release. 003.02B Drug stamps may be purchased by any person of any age and may be purchased for purposes other than for affixing to containers holding taxable drugs. (b) A pharmacist who adapts a prescription in accordance with this subsection shall document the adaptation in the patient's pharmacy record. The news release and online court records didnt list attorney information for the man, identified as Patrick Omar Stevens of North Augusta. ROCHESTER, N.Y. (WROC) Two convicted felons have been arrested for attempted murder after a violent incident in the early hours of January 7, Geneva Police said Wednesday. 007.03B(1)(b) If an assessee disputes the Departments estimate of the number of plants in a field and the field has not been destroyed, the assessee may arrange with a court, at his or her own expense, to count the actual number of plants in the field. 007.03C(1) If provided with additional information resulting from the manicuring and weighing, the Department shall increase or decrease its estimate of the marijuana weight according to the actual weight, as appropriate. facts of your case, explain your options, and advise you of the possible 007.04B For liquids sold by volume and not intended for ingestion by human beings, tax shall be calculated based upon a qualified medical dosage unit opinion when available, or upon the minimum street dosage unit when such a measurement can be obtained from law enforcement agents. (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) (25) of Schedule I of section 28-405, unless such substance was obtained directly or pursuant Thought it might be pertinent though. (2) He or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V or a precursor chemical enumerated in Section 20-2-181. I was cited for possession of marijuana less than an ounce and it was a first time offense. WebGenerally, a passenger's joint possession of a controlled substance found in a vehicle can be established by evidence that (1) supports an inference that the driver was involved in drug trafficking, as distinguished from possessing illegal drugs for personal use; (2) shows the passenger acted suspiciously during a traffic stop; and (3) shows the passenger was Source 002.01J "Taxpayer" or "purchaser" means any person buying drug tax stamps from the Department of Revenue or any person who has had all or part of a drug tax assessment collected from him or her. He had car problems and couldn't find a ride he called and whoever he talked didn't really say much but okay. I was given a ticket and paid a fine of $349.00. A teen was found naked and brutally beaten on the side of a road, leading to four arrests in South Carolina, officials said. to the statute (Neb. Web(5) It shall be unlawful for any person knowingly or intentionally to possess or to acquire or obtain or to attempt to acquire or obtain, by means of misrepresentation, fraud, forgery, Bryan Lewis, 28, of Bloomington, is charged with home invasion causing injury, a Class X felony. Controlled substance does not include Mitchell was taken into custody Saturday. Holly M. Isaacson, 36, is charged with unlawful possession of methamphetamine with the intent to deliver and unlawful possession of a controlled substance containing cocaine with the intent to deliver (Class 1 felonies). David L. Oliver, 51, of Bloomington, is charged with predatory criminal sexual assault. 010.01 Any assessee who desires to contest the amount of an assessment levied under the provisions of this program must file a protest with the Department, utilizing normal protest procedures, within ten days of the date the assessment was served in person, or within ten days of the mailing of the assessment notice by certified or registered mail to the last known address of the assessee. He was released on a $50,000 personal recognizance bond and his next appearance is Dec. 30. If the Department concludes that affixing the stamps to a container was practical but not effected, the stamps shall be invalid for the purpose of satisfying the tax liability, and tax, penalties and interest may be assessed as if the stamps had never been purchased. to indicate that substitution is not permitted. Stat., as amended, any imitation controlled substance, or marijuana. 481.102 sets forth controlled substances Penalty Group 1. 002.01D "Imitation controlled substance" shall have the meaning as provided in section 28-401 Neb. If you are convicted of personal possession of a controlled substance without an allegation that you had the intent to manufacture or distribute the substance, This article discusses illegal CDS possession only. Read 1 Answer from lawyers to What exactly does attempted possession charge mean in Nebraska? (possession without intent to sell the CDS) include a fine of up to My husband was on probation for drug possession & he transferred his probation from Colorado to Nebraska to live with his mom & get clean. LOGAN Sixty-one indictments were handed up in Logan County after the grand jury ROCHESTER, N.Y. (WROC) Two convicted felons have been arrested for attempted murder after a violent incident in 003.03F No drug tax stamp may be reused, altered, transferred to a second container, or otherwise tampered with to avoid the purchase of another stamp. 007.09 Except as otherwise specifically described herein, all situations involving varying, ambiguous or contradicting methods of weighing, measuring or otherwise assessing taxable drugs shall be assessed using the method that results in the greatest tax liability. (Sections 77-4307, 77-4310.01, 77-4310.01(1), 77-4310.01(2)(a), 77-4310.01(2)(b), and 77-4310.03. A Warren man is behind bars on drug charges after police say he attempted to sell methamphetamine at Beaty Park late last week. section 77-4301(2). You can cancel at any time. Whether or not you share your childs fascination for reptiles, here are the best toys, books and games to excite any reptile lover. 002.01G "Marijuana" means any plant identified in section 28-401 Neb. LOCATION: Highway 41 / South 82nd Road - Rural Firth, OFFENSE: Possession of a Controlled Substance (Methamphetamine) With Intent to Deliver. And how much notice will I recieve? Court documents indicate she knowingly took $14,000 belonging to a Love's Travel Stop, in LeRoy, where she was employed. Do Not Sell or Share My Personal Information, Sale of a Controlled Substances in Nebraska, Driving Under the Influence of Marijuana in Nebraska, Do Not Sell or Share My Personal Information. When various levels of dosage units are possible, the smallest shall be used. Gage County Sheriff, 2023. A preliminary hearing has been scheduled for today. 002.01L "Stamp" or "drug stamp" means an official, numerically-sequenced and dated drug stamp issued by the Nebraska Department of Revenue. Robert C. Bean, 38, Warren, was charged by City of Warren police on Saturday. All petitions for redetermination must be accompanied by payment of the tax or suitable security for the payment of the tax. Rev. 008.01 In addition to weighing or measuring the quantity of drugs found in his or her possession pursuant to these regulations, an assessee shall have the right to request that the Department consider any mitigating evidence which would result in a lower tax liability if accepted. Avvo helps you learn about your legal situation, connect with lawyers, and get advice. Nebraska classifies not only well-known drugs 005.02A Any letter used in lieu of a container for the purposes of these regulations must be produced upon the request of an agent of the Department or law enforcement agency.
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