(1) The department shall register an applicant to manufacture or distribute controlled substances included in Schedules I to V of section 28-405 unless the department determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest the department shall consider the following factors:
(a) Maintenance of effective controls against diversion of particular controlled substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;
(b) Compliance with applicable state and local law;
(c) Whether the applicant has been convicted of a felony under any law of the United States or of any state or has been convicted of a violation relating to any substance defined in the Uniform Controlled Substances Act as a controlled substance under any law of the United States or any state, except that such fact in itself shall not be an automatic bar to registration;
(d) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; and
(e) Such other factors as may be relevant to and consistent with the public health and safety.
(2) Registration granted under subsection (1) of this section shall not entitle a registrant to manufacture or distribute controlled substances in Schedule I or II of section 28-405 other than those specified in the registration.
(3) Except as otherwise provided in this section and section 28-409, practitioners shall be registered to prescribe, administer, or dispense substances in Schedules II to V of section 28-405 if they are authorized to prescribe, administer, or dispense under the laws of this state. A registration application by a practitioner who wishes to conduct research with Schedule I substances shall be referred to the department for approval or disapproval. Registration to prescribe, administer, or dispense substances in Schedules II to V of section 28-405 or registration for the purpose of bona fide research with Schedule I substances by a practitioner may be denied only on a ground specified in subsection (1) of section 28-409 or if there are reasonable grounds to believe that the applicant will abuse or unlawfully transfer such substances or fail to safeguard adequately his or her supply of such substances against diversion from legitimate medical or scientific use.
(4) Compliance by manufacturers and distributors with the Controlled Substances Act, 21 U.S.C. 801 et seq., as such act existed on May 1, 2001, respecting registration, excluding fees, shall be deemed compliance with this section.
Notes of Decisions
Cited in
35
cases, 1935–1986 · leading case:
State v. Country, 234 N.W.2d 593 (Neb. 1975).
State v. Country, 234 N.W.2d 593 (Neb. 1975).
· cites it 8× “2d 225 , that where a criminal statute is amended by mitigating the punishment, after the commission of a prohibited act but before final judgment, the punishment is that provided by the amendatory act unless the Legislature has specifically provided otherwise, applies to…”
State v. Pratt, 249 N.W.2d 495 (Neb. 1977).
· cites it 4× “He was convicted of a rape, a crime carrying a maximum sentence of 50 years, former section 28-408, R.S.Supp., 1974, and received a sentence of 7 to 20 years.”
Frank v. State, 35 N.W.2d 816 (Neb. 1949).
· cites it 3× “Defendant did not contend otherwise either in brief or argument, but rather with reference to the first contention argued that setting forth the respective ages of the prosecutrix and defendant therein and copying the information verbatim in instruction No.”
State v. Vicars, 183 N.W.2d 241 (Neb. 1971).
· cites it 8× “Defendant’s appeal is predicated upon the alleged unconstitu *312 tionality of section 28-408, R. R. S. 1943; errors in the reception and exclusion of the evidence; and the giving or refusing of instructions.”
State v. Irwin, 302 N.W.2d 386 (Neb. 1981).
· cites it 4× “We note that the defendant was originally convicted of rape under Neb. Rev. Stat. § 28-408 (Reissue 1964), since superseded by Neb.”
State v. Newton, 275 N.W.2d 297 (Neb. 1979).
· cites it 4× “On March 8, 1974, the petitioner was convicted by a jury of the offense of statutory rape under former section 28-408, R. R. S. 1943, now repealed.”
Callies v. State, 61 N.W.2d 370 (Neb. 1953).
· cites it 2× “1943, which provides that in the event any male person of the age of 18 years or upwards shall carnally know or abuse any female child under the age of 18 years, with her consent, unless such female child so known and abused is over 15 years of age and previously unchaste, shall…”
Truman v. State, 44 N.W.2d 317 (Neb. 1950).
· cites it 4× “That under these circumstances such fact is an essential element of the crime with which the defendant was charged, and which the State was bound to so prove, is evidenced by the following language of section 28-408, R. R. S. 1943, under which the defendant was prosecuted: “* *…”
State v. Trowbridge, 234 N.W.2d 598 (Neb. 1975).
· cites it 4× “1943, which punished carnal knowledge of a daughter or sister, and section 28-408, R.S.Supp., 1974, punishing carnal knowledge of any other female, were repealed by L.”
State v. Chaney, 171 N.W.2d 787 (Neb. 1969).
· cites it 2× “Section 28-408, R. R. S. 1943, provides a penalty of not more than 20 nor less than 3 years.”
Sherrick v. State, 61 N.W.2d 358 (Neb. 1953).
· cites it 2× “This is true because under section 28-408, R. R. S. 1943, “any female child under the age of eighteen years” cannot give her consent to carnal knowledge unless she is “over fifteen years of age and previously unchaste, * * *.”
Wamsley v. State, 106 N.W.2d 22 (Neb. 1960).
· cites it 2× “The charge was made pursuant to section 28-408, R. R. S. 1943. The prosecutrix was born on August 11, 1943.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.