Nebraska is one of 17 states where drug owners must pay taxes on their illegal drugs. In essence, the drug tax stamp is a way for prosecutors to increase the number of charges brought against you.
What is Nebraska’s Drug Tax Stamp?
In Nebraska, the drug tax stamp allows the state to tax marijuana and controlled substances. You pay a tax on drugs by purchasing a stamp from the Nebraska Department of the Treasury (DOR) and putting it on the container that holds the drug. The drug stamps are proof that you paid the appropriate tax on the illegal substance.
Who has to pay the tax?
Anyone in possession of any of the following must pay drug tax:
- Six or more ounces of marijuana;
- Seven or more grams of each controlled substance sold by weight; or
- Ten or more unit doses of a controlled substance that are not sold by weight.
Once you have the medication in Nebraska, you must pay the tax to the DOR. Other state drug brands are not valid in Nebraska.
The DOR reports that you do not need to provide contact information such as your name or address when purchasing the drug brands. All you need to do is specify the type of medicine, the quantity and the steps in which you are going to sell the medicine. However, if you do provide your contact information, it will not be kept confidential.
How much is the tax?
The amount of the drug stamp tax depends on the type of drug. For marijuana, the drug tax is $ 100 per ounce or part of an ounce. Controlled substances sold by weight are taxed at $ 150 per gram or part of a gram. The tax is $ 500 per 50 dosage units or parts of a unit for controlled substances that are not sold by weight.
Each stamp can only be used once and cannot be transferred from one container to another. The stamps expire 180 days from the date of purchase.
What are the penalties for not paying the tax?
Failure to have the correct stamp on your medication will result in a separate charge and a Class IV crime. It is punishable by up to five years in prison and / or a fine of $ 10,000. It is also at the discretion of the Nebraska DOR to do the following:
- Impose a fine equal to the drug tax;
- Issue of a notification to determine the deficiencies in the drug tax; and
- Put a lien on your property.
It is important to note that even if you pay drug tax, you will not be protected against any other state or federal criminal complaint for drug possession or distribution. Buying the drug brands merely prevents prosecutors from tackling the additional fee for not paying the drug tax.
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Since 1995, the Petersen law firm’s criminal defense team has handled over 7,000 cases. This experience gives us the knowledge and skills to fight for you when your future depends on the outcome of your case.
Senior attorney Tom Petersen has dedicated his legal career to protecting his client’s rights in criminal matters. He was named one of the top 50 defense lawyers in Nebraska by more than 5,000.
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Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of Nebraska’s Top 50 Defense Lawyers by more than 5,000.
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