Nebraska Revised Statutes

Neb. Rev. Stat. § 28-439 (2026)

Drug paraphernalia, defined; enumerated

✓ current as of July 2026

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As used in sections 28-101, 28-431, and 28-439 to 28-444, unless the context otherwise requires, drug paraphernalia shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444 or the Uniform Controlled Substances Act. It shall include, but not be limited to, the following:

(1) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;

(2) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(3) Hypodermic syringes, needles, and other objects used, intended for use, and designed for use in parenterally injecting controlled substances into the human body; and

(4) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, which shall include but not be limited to the following:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(b) Water pipes;

(d) Smoking and carburetion masks;

(e) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, which has become too small or too short to be held in the hand;

(f) Miniature cocaine spoons, and cocaine vials;

(g) Chamber pipes;

(h) Carburetor pipes;

(i) Electric pipes;

(j) Air-driven pipes;

(k) Chillums;

(l) Bongs; and

(m) Ice pipes or chillers.

Notes of Decisions

Cited in 7 cases, 1979–1997 · leading case: State v. Pierce, 283 N.W.2d 6 (Neb. 1979).

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State v. Pierce, 283 N.W.2d 6 (Neb. 1979). · cites it 4× “Defendant points out that section 28-439, R.S.Supp., 1978, prohibits a conviction based solely on the uncorroborated testimony of the cooperating individual.”

State v. Craven, 571 N.W.2d 612 (Neb. 1997). · cites it 2× “See Neb. Rev. Stat. §§ 28-439 through 28-444 (Reissue 1995).”

State v. Taylor, 375 N.W.2d 610 (Neb. 1985). · cites it 2× “In Beckner we expressly rejected an argument that then Neb. Rev. Stat. § 28-439 (Reissue 1979) required that *119 a cooperating individual be corroborated on every element of the crime.”

State v. Newman, 696 P.2d 856 (Idaho 1985). “)); Nebraska (Neb. Rev.Stat. §§ 28-439 to -444 (Supp.1980)); Nevada (Nevada Revised Statutes §§ 453.”

State v. Kramer, 469 N.W.2d 785 (Neb. 1991). “2d 889 (1982), the appellant argued that any testimony of a cooperating individual on the essential elements of a crime which was not corroborated by other evidence should be excluded pursuant to § 28-439 (Reissue 1979), which was the statute then in effect and is identical to §…”

State v. Beckner, 318 N.W.2d 889 (Neb. 1982). · cites it 2× “Neb. Rev. Stat. §28-439 (Reissue 1979) provides: “No conviction for an offense punishable under sections 28-401 to 28-438 shall be based solely upon the uncorroborated testimony of a cooperating individual.”

State v. Craven, 560 N.W.2d 512 (Neb. Ct. App. 1997). · cites it 2× “See Neb. Rev. Stat. §§ 28-439 through 28-444 (Reissue 1995) (drug paraphernalia statutes).”

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