If you are facing a drug charge for manufacturing or distribution in Nebraska, it is essential that you understand how much more severe this charge is if it involved a minor in any way. There are several parts to the law that specify how a minor may have involvement in the crime. Understanding them can help you to mount a better defense when you go to court.
The Nebraska Legislature explains that manufacturing or distributing drugs, in general, is usually a felony charge, but in some cases may be a misdemeanor. However, if you distribute the drugs to someone under the age of 18 or have an intent to do so, it increases the penalty you face. In addition, if you manufacturer drugs or sell them near a school, even if the school is a college, arcade, public swimming pool or playground, it will increase the penalty.
Involving a minor in the crime means you will face the penalties available for the next higher classification up to Class IB. So, for example, if your charge is for a Class ID felony, you will face the penalties for a Class IC felony. Note that penalties get harsher the higher the classification. The lowest classification for drugs in the state is for marijuana crimes. Other drugs have higher classifications.
This is something to keep in mind as you prepare for court. It is very important to show that your crime did not involve or take place near minors or areas where minors may hang out. This information is for education only. It does not constitute legal advice.
