Alcohol and Drugs Policy

Because of the serious problems related to the use of alcoholic beverages and controlled substances, and because this practice can lead to a loss of effectiveness in human life and does not contribute to the teaching-learning process, the Nebraska Wesleyan community reaffirms its position of serious concern about and opposition to the use of alcoholic beverages and/or controlled substances in this college environment. The Nebraska Wesleyan community urges that all of its members exercise mature judgment and social responsibility when making decisions regarding the use of alcoholic beverages and other drugs. This University community further denounces and prohibits the sale, possession, distribution or use of illegal drugs by students, faculty or staff. The University is committed to helping individuals who are suffering from a chemical dependency or drug abuse problem, and we urge the members of this academic community to become actively engaged in drug and alcohol education, prevention and treatment programs where appropriate.

While the Board of Governors recognizes the rights of students to be protected from intrusive drug testing, the Board acknowledges that substance abuse or illegal drug usage may hinder a student’s performance (academic, athletic or other), health, or safety. Additionally, the Board recognizes that such abuse or use may adversely affect the interests of the University community. As such, it is the determination by the Board of Governors that Nebraska Wesleyan is authorized to implement appropriate procedures to protect the interests of the students and the University community. Such procedures may include the implementation of a screening process or the request for an evaluation from a qualified professional to determine the seriousness of the problem. In the implementation of these procedures, Nebraska Wesleyan is committed to protect the due process and privacy rights of students.

Violations of law and/or violations of the Code of Student Conduct shall be adjudicated by the proper judicial bodies.

Implementation of Alcohol and Drugs Policy

In implementing this policy, the following guidelines will be followed:

  1. The laws of the State of Nebraska pertaining to the possession and use of alcoholic beverages shall be followed specifically. This means that it is a violation of the alcohol policy for students under the legal drinking age (21 years of age) to consume or possess alcoholic beverages on campus. It is also illegal for a person under the age of 21 to be present at gatherings where alcohol is present.
  2. The laws of the State of Nebraska pertaining to the unlawful possession, use or distribution of illegal drugs and controlled substances shall be followed specifically. Violations will be referred to the University Judiciary and/or local authorities. If a person’s behavior simultaneously violates a University regulation and the civil law, the University may take disciplinary action independent of that taken by civil authorities.
  3. Neither the college nor any group which owes its existence to Nebraska Wesleyan, whether officially or unofficially, formally or informally, will be permitted to use any organizational funds held by the institution for the purchase of any kind of alcoholic beverage, without approval of the Administration.
  4. Nebraska Wesleyan University cannot accept responsibility for the conduct of individuals while they are off campus. Neither can the sale of alcoholic beverages to members of the Nebraska Wesleyan community by the management of off-campus businesses be regulated by the University. The establishment shall be responsible for checking identification when alcoholic beverages are purchased.

    Nebraska Wesleyan University organizations may not provide alcoholic beverages at off-campus functions. No alcoholic beverages of any kind will be permitted at any on-campus function involving any students, faculty, administrators, board members, alumni or other persons on the Nebraska Wesleyan University grounds or in any area other than in areas approved in Residence Halls and Greek Houses. All members of the Nebraska Wesleyan University community are responsible for abiding by this policy and for the enforcement thereof.
  5. Individuals and their guests will be held responsible for their behavior and any destruction that occurs while under the influence of beer, wine, distilled spirits or other drugs. The University will not tolerate the endangerment or injury to any person, including the self, while under the influence of any alcohol or drugs.
  6. Guests of students are bound by the same rules regarding alcoholic beverages and illegal drugs as are students. Violators will be asked to leave the campus and/or referred to local authorities.
  7. The procurement of alcoholic beverages for minors is not only a violation of state law; it is an act which raises severe personal liability for a student and his/her parents should a minor be injured or injure another while under the influence of alcoholic beverages. Because it is so potentially devastating from a liability perspective, the University will take action against students involved in procuring alcoholic beverages for minors. Such actions preclude warning and will be considered in the same fashion as repeated violations of this policy.
  8. It is a violation of the law, as well as Nebraska Wesleyan’s Alcohol and Drugs policy, to be under the influence of, to possess, to distribute, to use or to sell illegal drugs or any other controlled substance or agent having the potential for abuse, except pursuant to a physician’s or dentist’s prescription, or to possess paraphernalia for drug use on University-owned or controlled property.
  9. Violations may be referred directly to local authorities and/or action may be taken by the Student Life Office. The University will impose sanctions on students for violations of the Alcohol and Drugs Policy (consistent with local, state and federal law). Sanctions may include administrative termination of the residence hall contract as well as other sanctions available through the University Judiciary process. These sanctions may include disciplinary warning, disciplinary probation, fines, restitution, revocation of privileges or restriction of activities, disciplinary suspension and disciplinary expulsion. The local authorities may impose legal sanctions that may include incarceration and/or fines for those found guilty of violating the local, state, and federal law.
  10. The Student Life Office, with the cooperation of Student Affairs Senate, other members of the Nebraska Wesleyan University community, and living unit representatives, shall develop and implement an alcohol education program in which the college community is provided information related to the use of alcohol in our society and to the enforcement of the Nebraska Wesleyan University policy. It is expected that the total Nebraska Wesleyan University community will accept and abide by the standards implicit in this policy.

Alcohol Policy for Any Residential Facility

(Burt North, Centennial, Heim/White Suites, Johnson, Pioneer, Plainsman, Townhouse Village, Student Apartments and Theme Houses). Students who choose to consume, provide, or serve alcohol, with an understanding of the responsibilities imposed by Nebraska state law and the policies of Nebraska Wesleyan University, should do so with a sense of responsibility and concern for themselves and others. Students have the responsibility to confront others whose behavior under the influence of alcohol is inconsistent with their own welfare and the welfare of others in the community.

As permitted by law and university policy, all students have the opportunity to declare their room/suite, apartment or townhouse unit either “alcohol tolerant” or “alcohol free.” In order to help with the enforcement of this policy, the residence life staff will be given a list of those rooms that have been declared alcohol tolerant. Only students 21 years of age or older can live in alcohol tolerant rooms. No alcohol tolerant room may permit minors in the room if there is alcohol present. Any gathering in an individual student room where alcohol is present may not exceed a safe and manageable occupancy for that room. The University has decided that the “safe and manageable occupancy” may not exceed twice the number of residents assigned to that room. (Four-person suites or townhouses may have a total of eight people in the room, counting the assigned residents; a double room may have four people in the room; and a single room may have two people in the room). If it is discovered that underage drinking is occurring in an alcohol tolerant room, all residents present at the time of the offense will be held responsible.

To declare a room/suite/unit alcohol tolerant, all roommates must go to the Housing and Residence Life Office located in Centennial Hall, show a legal form of identification to a Residence Life Coordinator or the Coordinator of Housing Operations, and sign an alcohol tolerant card for their living space. This process can take place after all roommates have reached the age of 21.

Alcohol free rooms cannot have any alcohol present in the room at any time, even if one or more of the residents living there are 21 years of age.

  • All persons (residents and their guests) consuming and/or possessing alcohol must have a valid ID, which contains their date of birth.
  • Consumption or possession of alcohol is prohibited in any public area, such as basements, dining rooms, halls, lounges, bathrooms, utility closets, shower rooms, kitchens and computer rooms. Public areas also include any vehicle on campus property.
  • No open containers of alcohol may ever be carried or transported anywhere on campus.
  • Students who are 21 years of age may only consume alcohol in rooms designated alcohol tolerant; doors to alcohol tolerant rooms must be closed when alcohol is being consumed.
  • Persons who are under 21 years of age may not possess or consume any alcoholic beverage or possess alcoholic beverage containers – full or empty – anywhere on campus (this includes any type of bottle or can display which contains alcohol containers).
  • Residential students, regardless of age, may not display any alcohol beverage containers that render them visible from outside a campus building.
  • Public intoxication and/or disruptive behavior related to the consumption of alcoholic beverages will be considered a violation of the alcohol policy.
  • Public intoxication and/or disruptive behavior related to the consumption of alcoholic beverages by an under-age student will be considered a violation of state law prohibiting such behavior.
  • Bulk containers holding more than one liter of alcohol (i.e. kegs, party balls, pony kegs, multiple cases of beer, large quantities of wine or hard alcohol, etc.) or any common source containers of alcohol (including any mass produced drinks such as “trashcan” punches, margaritas etc.) are not permitted in any campus living unit or on any campus property.
  • Possession or use of any objects to enhance the ingestion of alcohol, such as beer bongs, funnels, shot glasses, etc. is not permitted on campus. All drinking games are prohibited.
  • No grain alcohol is permitted on campus.
  • Beer in glass bottles is prohibited.
  • Students may not consume alcohol or possess an open container of alcohol, even if only in their rooms, if a minor is present.
  • It is illegal for any student of legal age to sell or supply minors with alcoholic beverages of any kind.

Information regarding sanctions for violation of the alcohol policy in residential units is found under Residential Conduct Procedures Regarding Misconduct of the University’s Alcohol Policy.

Alcohol Policy for Any Greek Living Units

Greek houses (fraternities and sororities) meeting criteria for approved campus housing are subject to the laws governing beverage alcohol and illegal drugs and are subject to the policies governing the possession and consumption of alcoholic beverages established by Nebraska Wesleyan University, by national fraternity organizations and alumni boards. Alcoholic beverage policies and procedures affecting Greek houses are established by the Interfraternity Council and the Panhellenic Council and are enforced by the appropriate judicial bodies. Kegs, party balls, or other bulk containers holding more than one liter of alcohol are prohibited in fraternity and sorority houses year-round. University policies do not prevent a chapter from invoking other restrictions.

Health Risks

The health risks of using illegal drugs and/or alcohol are difficult to predict due to the unknown chemicals involved in these substances. Alcoholic beverages are a central nervous system depressant. It slows down bodily functions such as heart rate, pulse and respiration. Drinking large enough amounts of alcohol over a period of time can produce psychological and physical dependence or alcoholism. Prolonged heavy drinking can lead to stomach irritation, ulcers, malnutrition, high blood pressure, lowered resistance to disease, and possible irreversible brain and nervous system damage. Alcohol can be harmful to unborn babies, resulting in fetal alcohol syndrome. The safest choice is not to drink at all during pregnancy. Operation of a motor vehicle or boat while under the influence of alcohol or drugs can result in impaired driving, presenting a health risk to the driver, passengers and others. There is also a wide range of health risks associated with the use of illegal drugs such as marijuana, cocaine and anabolic steroids. The diminishment of intellectual ability, long-term genetic damage and other health risks may be severe and lead to permanent impairment or even death. Even occasional use or experimentation can have significant negative consequences.

If you or someone you know is having difficulties because of alcohol or substance abuse, please seek assistance. The campus and the Lincoln community include individuals and agencies with the resources to help. The staff in Student Health Services (ext. 2375), Career and Counseling Center (ext. 2224) and/or the Lincoln Council on Alcoholism and Drugs (402.475.2694) are good places to start. These resources can provide information and access to counseling, treatment, support groups and rehabilitation programs.

City and State Laws on Violations and Penalties for Abuse of Alcohol and Drugs

Liquor/Alcohol

Sale to minors and incompetents; prohibited. (53-180.)
No person shall sell, give away, dispose of, exchange, or deliver, or permit the sale, gift, or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent.

Minor misrepresenting age; unlawful. (53-180.01.)
No minor shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.

Minors and incompetents; violations; penalties; false identification; penalty; law enforcement agency; duties. (53-180.05.)

  1. Any person violating section 53-180 shall be guilty of a Class I misdemeanor. Any person violating any of the provisions of sections 53-180.01 to 53-180.03 shall be guilty of a Class III misdemeanor.
  2. Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years shall be guilty of a Class I misdemeanor. For purposes of this subsection, form of identification means any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.
  3. When a minor is arrested for a violation of sections 53-180 to 53-180.02 or subsection (2) of this section, the law enforcement agency employing the arresting peace officer shall make a reasonable attempt to notify such minor's parent or guardian of the arrest.

Minor; prohibited acts; exception; governing bodies; powers. (53-180.02.)
The governing bodies of counties, cities, and villages shall have the power to, and may by applicable resolution or ordinance, regulate, suppress, and control the transportation, consumption, or knowing possession of or having under his or her control beer or other alcoholic liquor in or transported by any motor vehicle, by any person under twenty-one years of age, and may provide penalties for violations of such resolution or ordinance.

Consumption of liquor on public property; forbidden; exceptions; license authorized. (53-186.)

  1. Except as provided in subsection (2) of this section, it shall be unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
  2. The commission may issue licenses for the sale of alcoholic liquor at retail (a) on lands owned by public power districts, public power and irrigation districts, the Bureau of Reclamation, or the Corps of Army Engineers or (b) for locations within or on structures on land owned by the state, cities, or villages or on lands controlled by airport authorities. The issuance of a license under this subsection shall be subject to the consent of the local governing body having jurisdiction over the site for which the license is requested as provided in the Nebraska Liquor Control Act.

Consumption of liquor in public places; license required; exception; violations; penalty. (53-186.01.)

  1. It shall be unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, cafe, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the Nebraska Liquor Control Act.
  2. It shall be unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, cafe, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the act.
  3. This section shall not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages.
  4. Any person violating subsection (1) of this section shall, upon conviction thereof, be subject to the penalties contained in section 53-1,100.
  5. Any person violating subsection (2) of this section shall be guilty of a Class III misdemeanor.

Controlled Substances

Prohibited acts; violations; penalties. (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) 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 III 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, 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.
  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) 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 shall mean 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 shall mean 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 shall mean 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) 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 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. 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.
  12. Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony.
  13. Any person knowingly or intentionally possessing marijuana weighing one ounce or less 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.
  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.
  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.
  16. Any person knowingly or intentionally possessing a firearm while in 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) of this section, but in no event shall such person be punished by a penalty greater than a Class IB felony.
  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.

Unlawful acts; violations; penalty. (28-417.)

  1. It shall be unlawful for any person:
    (g) To be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a practitioner. In a prosecution under this subdivision, it shall not be necessary for the state to prove that the accused was under the influence of any specific controlled substance, but it shall be sufficient for a conviction under this subdivision for the state to prove that the accused was under the influence of some controlled substance by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled substance.
  2. Any person who violates this section shall be guilty of a Class III misdemeanor. 

Intentional violations; penalty. (28-418.)

  1. It shall be unlawful for any person knowingly or intentionally:
    (a) Who is a registrant to distribute a controlled substance classified in Schedule I or II of section 28-405 in the course of his or her legitimate business except pursuant to an order form as required by section 28-413;
    (b) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
    (c) To acquire or obtain or to attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge;
  2. Any person who violates this section shall be guilty of a Class IV felony.

Inhaling or drinking certain intoxicating substances; unlawful. (28-419.)
No person shall breathe, inhale, or drink any compound, liquid, or chemical containing acetate, acetone, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride, ethylene trichloride, hexane, isopropanol, isopropyi alcohol, methyl alcohol, methyl cellosolve acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachlorophenol, petroleum ether, toluene, toluol, trichloroathane, trichloroethylene, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, Inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental, or nervous processes, For the purposes of sections 28-419 to 28-424, any such condition so induced shall be deemed an intoxicated condition.

Selling or offering for sale certain compounds; use; knowledge of seller unlawful. (28-420.)
No person shall knowingly sell or offer for sale, deliver or give to any person any compound, liquid or chemical or any other substance which will induce an intoxicated condition as defined in section 28-419. when the seller, offerer or deliverer knows or has reason to know that such compound is intended for use to induce such condition.

Violations; penalty. (28-424.)
Any person who violates any provision of section 28-419, 28-420, 28-422, or 28-423 shall be guilty of a Class III misdemeanor.

Additional penalties. (28-427.)
Any penalty imposed for violation of the Uniform Controlled Substances Act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. A conviction or acquittal under federal law or the law of another state having a substantially similar law shall be a bar to prosecution in this state for the same act. If any person is convicted for violation of the Uniform Controlled Substances Act, in addition to any penalty imposed by the court, the court may order that such person make restitution to any law enforcement agency for reasonable expenditures made in the purchase of any controlled substances from such person or his or her agent as part of the investigation leading to such conviction.

Drug paraphernalia; use or possession; unlawful; penalty. (28-441.)

  1. It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101, 28-431. and 28-439 to 28-444.
  2. Any person who violates this section shall be guilty of an infraction.

Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty. (28-442.)

  1. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances in which one reasonably should know, that it will be used to manufacture, inject, ingest, or inhale or otherwise be used to introduce into the human body a controlled substance in violation of sections 28-101, 28-431. and 28-439 to 28-444.
  2. This section shall not apply to pharmacists who sell hypodermic syringes or needles for the prevention of the spread of infectious diseases.
  3. Any person who violates this section shall be guilty of a Class II misdemeanor.

Delivery of drug paraphernalia to a minor; penalty. (28-443.)
Any person eighteen years of age or older who violates section 28-442 by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior shall be guilty of a Class I misdemeanor.

Imitation controlled substance; prohibited acts; determination; penalties; seizure. (28-445.)

  1. Any person who knowingly and intentionally manufactures, distributes, delivers, or possesses with intent to distribute or deliver an imitation controlled substance shall:
    (a) For the first offense, be guilty of a Class III misdemeanor; and
    (b) For the second and all subsequent offenses, be guilty of a Class II misdemeanor.

Federal Trafficking Penalties (PDF)

Uses and Effects of Controlled Substances (PDF)

NOTE: Nebraska Wesleyan University complies with the Drug-Free School and Communities Act Amendments of 1989 (Public Law 101-226) through the publication of the Alcohol and Drugs Policy and other written materials distributed annually to students and employees. Further information is available from the Student Life Office (ext. 2223).