Legal Opinion

Opinion No. (1985)

Nebraska Attorney General Reports

Decided March 18, 1985Published

1Opinion of the Court

REQUESTED BY: Senator Peter Hoagland 1101 State Capitol Lincoln, NE 68509

Dear Senator Hoagland:

This is in response to your inquiry concerning LB 406 concerning so-called `look-a-like' drugs.

Section 1(8) of said bill provides in part:

Any person who knowingly or and intentionally manufactures, distributes, delivers, or possesses with intent to distribute or deliver any substance which is not a controlled substance, but which by way of representations made or by appearance, including color, texture, shape, size, packaging, or markings, would lead a reasonable person to believe that the substance…

2Cases cited6 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. State ex rel. English v. RubackNebraska Supreme Court · 1938
  3. State v. HuffmanNebraska Supreme Court · 1979
  4. State v. AdkinsNebraska Supreme Court · 1976
  5. State v. PocrasNebraska Supreme Court · 1958

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