Sec. 14-266. Definitions.


As used in this article, unless the context requires otherwise:


(1) Controlled substance shall mean all drugs and substances, or immediate precursors in Schedules I to V of section 28-405, Reissue Revised Statutes of Nebraska, 1943, as effective April 3, 1960. The term shall not include distilled spirits, wine, malt beverages, tobacco, or any non-narcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, and the law of the state, be lawfully sold over the counter without a prescription.


(2) Drug shall mean:


(a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;

(c) Substances, other than food, intended to affect the structure or any function of the body of man or animals; and

(d) Substances intended for use as a component of any article specified in subsections (a), (b) or (c) herein; but does not include devices or their components, parts or accessories.


(3) Marijuana shall mean all parts of the plant cannabis stiva L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination; and, where the weight of marijuana is referred to in this article it shall mean its weight at or about the time it is seized or otherwise comes into the possession of a police officer of the city, whether cured or uncured at that time.


(4) Narcotic drug shall mean any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:


(a) Opium, opium poppy and poppy straw, coca leaves, and opiates;

(b) A compound, manufacture, salt, derivative or preparation of opium, coca leaves or opiates;

(c) A substance and any compound, manufacture, salt, derivative, or preparation thereof which is chemically equivalent to or identical with any of the substances referred to in subsections (a) and (b) herein, except that the words narcotic drug as used in this article shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine, or isoquinoline alkaloids of opium.


(5) Opiate shall mean any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. It does not include the dextrorotatory isomer of 3-methczy-n-methylmorphinan and its salts. It does include its racemic and levorotatory forms.


(6) Opium poppy shall mean the plant of the species Papaver somniferum L., except the seeds thereof.


(7) Poppy straw shall mean all parts, except the seeds, of the opium poppy, after mowing.


Source:  Code 1962, 6-13-2