(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 in
compliance with 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;
(d) To furnish false or fraudulent material information in
or omit any material information from any application, report, or other document
required to be kept or filed under the Uniform Controlled Substances Act or
any record required to be kept by the act;
(e) To make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the trademark,
trade name, or other identifying mark, imprint, or device of another or any
likeness of any of the foregoing upon any drug or container or labeling thereof
so as to render such drug a counterfeit controlled substance;
(f) Who is subject to sections 28-406 to 28-414.05 to
distribute or dispense a controlled substance in violation of sections 28-414 to 28-414.05;
(g) Who is a registrant to manufacture a controlled substance
not authorized by his or her registration or to distribute or dispense a controlled
substance not authorized by his or her registration to another registrant
or authorized person;
(h) To possess a false or forged medical order for a controlled
substance issued by a practitioner authorized to prescribe, except that this
subdivision shall not apply to law enforcement officials, practitioners, or
attorneys in the performance of their official lawful duties; or
(i) To communicate information to a practitioner in an effort
to unlawfully procure a controlled substance, the administration of a controlled
substance, or a medical order for a controlled substance issued by a practitioner
authorized to prescribe.
(2) Any person who violates this section shall be guilty
of a Class IV felony.
Notes of Decisions
Cited in
13
cases, 1965–2017 · leading case:
State v. Wiedeman, 835 N.W.2d 698 (Neb. 2013).
State v. Wiedeman, 835 N.W.2d 698 (Neb. 2013).
· cites it 13× “BACKGROUND Wiedeman was charged with 10 counts of acquiring a con- trolled substance by fraud, in violation of Neb. Rev. Stat. § 28-418 (Reissue 2008), a Class IV felony.”
State v. Woods, 587 N.W.2d 122 (Neb. 1998).
· cites it 3× “FACTUAL BACKGROUND Woods was charged by information with acquiring a controlled substance through fraud, in contravention of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1995).”
State v. Kitt, 440 N.W.2d 234 (Neb. 1989).
· cites it 3× “By its five-count information filed on November 9, 1987, in the district court for Lancaster County, the State charged Wesley Earl Kitt with attempts to obtain possession of a controlled substance through a forged prescription, see Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1985),…”
State v. Marco, 432 N.W.2d 1 (Neb. 1988).
· cites it 2× “cquire or obtain possession of a controlled substance, meperidine, by misrepresentation, fraud, forgery, deception, or subterfuge; count II, intentionally possess a controlled substance, Demerol, also known as meperidine; and count III, conspire with another person to acquire or…”
State v. Glover, 461 N.W.2d 410 (Neb. 1990).
· cites it 5× “Pursuant to a plea bargain, defendant, George Robert Glover, pled guilty to two counts of obtaining a controlled substance, Dilaudid, in violation of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1989), and to two counts of attempted delivery of that substance, in violation of Neb.”
State v. Wolf, 549 N.W.2d 183 (Neb. 1996).
· cites it 4× “This petition alleged that (1) Wolf had an active dependency on or addiction to controlled substances or narcotic drugs, (2) Wolf knowingly or intentionally acquired or attempted to acquire possession of controlled substances by theft and knowingly or intentionally possessed…”
State v. Spiegel, 474 N.W.2d 873 (Neb. 1991).
· cites it 3× “In this appeal, Spiegel mainly argues that (1) the information alleging that he obtained a controlled substance in violation of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1985) was insufficient to charge he committed a crime and (2) that his sentence of probation is beyond…”
State v. Woods, 577 N.W.2d 564 (Neb. Ct. App. 1998).
· cites it 2× “In an information filed on October 11, 1996, the State charged Woods with acquiring a controlled substance through fraud, in violation of Neb. Rev. Stat. § 28-418 (Reissue 1995). Prior to trial, Woods filed a motion for discovery, pursuant to Neb.”
State v. Wilkening, 382 N.W.2d 340 (Neb. 1986).
· cites it 2× “Wilkening, was charged in the district court for Douglas County, Nebraska, with three counts of acquiring or obtaining or attempting to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge in violation of Neb. Rev.…”
State v. Casados, 195 N.W.2d 210 (Neb. 1972).
· cites it 2× “The defendant was charged with child stealing under section 28-418, R. R. S. 1943. The relevant portion of that statute reads as follows: “Whoever maliciously or forcibly or fraudulently leads, takes or carries away or decoys or entices away any child under the age of eighteen…”
State v. Swiney, 137 N.W.2d 808 (Neb. 1965).
· cites it 4× “Swiney and Loren Swiney, were convicted of child stealing in violation of section 28-418, R. R. S. 1943, and sentenced to* imprisonment in the Nebraska Penal and Correctional Complex.”
State v. Reinig (Neb. Ct. App. 2017).
· cites it 6× “2014) which provides: -3- (1) It shall be unlawful for any person knowingly or intentionally: (c) To acquire or obtain or attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge.”
— Neb. Rev. Stat. § 28-418(1)(c) — 2 cases
State v. Wiedeman, 835 N.W.2d 698 (Neb. 2013).
“BACKGROUND Wiedeman was charged with 10 counts of acquiring a con- trolled substance by fraud, in violation of Neb. Rev. Stat. § 28-418 (Reissue 2008), a Class IV felony.”
State v. Reinig (Neb. Ct. App. 2017).
“2014) which provides: -3- (1) It shall be unlawful for any person knowingly or intentionally: (c) To acquire or obtain or attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge.”
— Neb. Rev. Stat. § 28-418(1)(i) — 1 case
State v. Wiedeman, 835 N.W.2d 698 (Neb. 2013).
“BACKGROUND Wiedeman was charged with 10 counts of acquiring a con- trolled substance by fraud, in violation of Neb. Rev. Stat. § 28-418 (Reissue 2008), a Class IV felony.”
— Neb. Rev. Stat. § 28-418(2) — 2 cases
State v. Kitt, 440 N.W.2d 234 (Neb. 1989).
“By its five-count information filed on November 9, 1987, in the district court for Lancaster County, the State charged Wesley Earl Kitt with attempts to obtain possession of a controlled substance through a forged prescription, see Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1985),…”
State v. Glover, 461 N.W.2d 410 (Neb. 1990).
“Pursuant to a plea bargain, defendant, George Robert Glover, pled guilty to two counts of obtaining a controlled substance, Dilaudid, in violation of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1989), and to two counts of attempted delivery of that substance, in violation of Neb.”
— Neb. Rev. Stat. § 28-418(l)(c) — 3 cases
State v. Woods, 587 N.W.2d 122 (Neb. 1998).
“FACTUAL BACKGROUND Woods was charged by information with acquiring a controlled substance through fraud, in contravention of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1995).”
State v. Glover, 461 N.W.2d 410 (Neb. 1990).
“Pursuant to a plea bargain, defendant, George Robert Glover, pled guilty to two counts of obtaining a controlled substance, Dilaudid, in violation of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1989), and to two counts of attempted delivery of that substance, in violation of Neb.”
State v. Spiegel, 474 N.W.2d 873 (Neb. 1991).
“In this appeal, Spiegel mainly argues that (1) the information alleging that he obtained a controlled substance in violation of Neb. Rev. Stat. § 28-418 (l)(c) (Reissue 1985) was insufficient to charge he committed a crime and (2) that his sentence of probation is beyond…”
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.