(1) Each registrant manufacturing, distributing, or dispensing controlled substances in Schedule I, II, III, IV, or V of section 28-405 shall keep and maintain a complete and accurate record of all stocks of such controlled substances on hand. Such records shall be maintained for five years.
(2) Each registrant manufacturing, distributing, storing, or dispensing such controlled substances shall prepare a biennial inventory of each controlled substance in the registrant's possession in accordance with 21 C.F.R. 1304.11, as such regulation existed on January 1, 2024. Such inventory shall be taken within two years after the previous inventory date. A registrant whose inventory fails to comply with this subsection shall be guilty of a Class IV misdemeanor.
(3) This section shall not apply to practitioners who prescribe or administer, as a part of their practice, controlled substances listed in Schedule II, III, IV, or V of section 28-405 unless such practitioner regularly engages in dispensing any such drug or drugs to his or her patients.
(4) Controlled substances shall be stored in accordance with the following:
(a) All controlled substances listed in Schedule I of section 28-405 must be stored in a locked cabinet; and
(b) All controlled substances listed in Schedule II, III, IV, or V of section 28-405 must be stored in a locked cabinet or distributed throughout the inventory of noncontrolled substances in a manner which will obstruct theft or diversion of the controlled substances or both.
(5) Each pharmacy which is registered with the administration and in which controlled substances are stored or dispensed shall complete a controlled-substances inventory when there is a change in the pharmacist-in-charge. The inventory shall contain the information required in the annual inventory, and the original copy shall be maintained in the pharmacy for five years after the date it is completed.
Notes of Decisions
Cited in
19
cases, 1932–1980 · leading case:
State v. Martin, 255 N.W.2d 844 (Neb. 1977).
State v. Martin, 255 N.W.2d 844 (Neb. 1977).
· cites it 8× “Martin, defendant and appellant herein, was charged in the District Court for Scotts Bluff County with shooting Patty Martin with intent to kill under section 28-410, R. R. S. 1943. After trial by jury, defendant was found guilty as charged.”
State v. Scott, 263 N.W.2d 659 (Neb. 1978).
· cites it 2× “1943; and with shooting with intent to kill, wound, or maim under section 28-410, R. R. S. 1943. A jury found the defendant guilty as charged, and his motion for new trial was overruled.”
State v. Ell, 246 N.W.2d 594 (Neb. 1976).
· cites it 2× “Allen, and Joseph Nepodal, respectively, with the intent to kill, wound, or maim each of those individuals, under section 28-410, R. R. S. 1943. Trial to a jury commenced July 21, 1975; and on August 1, 1975, the jury found Ell guilty of shooting police officers George E.”
Moore v. State, 23 N.W.2d 552 (Neb. 1946).
· cites it 4× “Plaintiff in error, George Moore, hereinafter called defendant, entered a plea of not guilty to an information substantially charging, as provided in section 28-410, R. S. 1943, that he shot a pistol with intent to wound one Levi Rose.”
State v. Journey, 271 N.W.2d 320 (Neb. 1978).
· cites it 2× “1943; shooting with intent to kill, under section 28-410, R. R. S. 1943; use of a firearm to commit a felony, under section 28-1011.”
State v. LaPlante, 164 N.W.2d 448 (Neb. 1969).
· cites it 4× “Stack, a law enforcement officer, engaged in his official duties under section 28-729.01, R.S.Supp., 1967.”
Thompson v. State, 68 N.W.2d 267 (Neb. 1955).
· cites it 2× “This is a criminal action brought in the district court for Douglas County wherein the defendant Clifton Thompson was charged in an information under section 28-410, R. R. S. 1943, that on or about September 22, 1953, he maliciously shot Alberta Thompson with the .”
State v. Cano, 217 N.W.2d 480 (Neb. 1974).
· cites it 2× “The statute under which the defendant was charged, section 28-410, R. S. Supp., 1972, provides for a minimum sentence of 1 year and a maximum sentence of 50 years.”
State v. Moss, 177 N.W.2d 284 (Neb. 1970).
· cites it 2× “The defendant was tried and convicted for shooting with intent to kill, wound, or maim (section 28-410, R. R. S. 1943). On appeal in the original case this court affirmed his conviction.”
State v. Johnsen, 247 N.W.2d 638 (Neb. 1976).
· cites it 2× “The defendant was charged with stabbing with intent to wound or maim in violation of section 28-410, R. R. S. 1943. The jury found the defendant guilty of the lesser offense of assault with intent to inflict great bodily injury.”
State v. Reed, 199 N.W.2d 707 (Neb. 1972).
“§ 28-410, R. S. Supp., 1969. Ronald appeals.”
Grant v. Doeschot, 201 N.W.2d 252 (Neb. 1972).
“See § 28-410, R. R. S. 1943. Winterstein and Grant, who were strangers, participated in a melee on March 2, 1971, in an Omaha parking lot where 30 to 50 teenagers were present.”
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.