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How to defend marijuana possession in Nebraska

On Behalf of | Jun 30, 2022 | Criminal Defense, Drug Charges |

The prosecution for unlawful possession of marijuana has several defenses and restrictions on certain actions in Nebraska. Under the Uniform Controlled Substances Act, a defendant who suffers from intractable seizures may have a doctor’s order for cannabidiol possession. Another affirmative and complete defense is a parent or legal guardian of an individual with intractable seizures and who has a doctor’s order for cannabidiol possession.

Section 28-465

Possession of drugs can’t be the sole reason to remove a child from home. Section 28-465 of the Uniform Controlled Substances Act explains why. Agencies can’t arrest a medical provider or a licensed pharmacist in the Medical Cannabidiol Pilot Study for possession. Physicians can conduct research by determining participation and keeping a record of patient evaluations and observations.

State agency policies

An agency of the state or a political subdivision can’t start to remove a child from home after discovering the possession of cannabidiol. The parents, legal guardian or children may possess cannabidiol with the proper medical provider note. State agencies can’t reveal any medical records in the study.

Sections 28-463 and 28-468

Under Section 28-463, cannabidiol refers to any processed cannabis plant extract, resin or oil. Types of seizures include intractable, metabolic epilepsies and catastrophic genetics. Epilepsies consisting of drop seizures risk bodily injury, but cluster seizures may result in life-threatening apnea. Participants can use experimental treatments for intractable seizures that have no effective treatments. Section 28-468 records and monitors the number of patients enrolled in the Medical Cannabidiol Pilot Study. The study tracks any changes in seizures and related adverse health outcomes of previous patients.

A state or division employer can’t subject an employee to prosecution for unlawful drug possession under Sections 28-463 to 28-468. The Uniform Controlled Substances Act protects employees from punishment for possession, use or dispensing marijuana as cannabidiol. Cannabidiol defense works for individuals who use the treatment for their diagnosed intractable seizures.