A Nebraska lawmaker is pushing for a change in the state’s drug laws that he says are outdated, according to a report in the Lincoln Journal Star. Sen. Justin Wayne of Omaha has introduced two bills that would adjust penalties for some drug possession and distribution offenses. At a meeting of the legislature’s Judiciary Committee on Wednesday, Wayne said current laws were putting people who were not involved in the distribution of drugs in prison for trafficking and creating overcrowding in state prisons and county jails.
The first measure, LB89, was introduced by Wayne in January and would reduce penalties for possession of marijuana and possession with intent to deliver. Wayne told his colleagues on the committee that the state’s current laws are resulting in defendants being sentenced unfairly.
“We have arbitrary numbers in the marijuana statutes that presume a person is a distributor,” Wayne said. “Our law needs to be nuanced because if not … we are prosecuting people who simply may have a habit, although illegal, but are not considered drug manufacturers or distributors.”
Under LB89, possession with intent to deliver five pounds or less of marijuana would be reduced to a Class lV felony. Quantities greater than