Opinion No. (1980)

REQUESTED BY: Dear Senator Venditte:

You have asked for our opinion on the constitutionality of LB 991. LB 991 is a bill intended to prohibit the sale and use of drug paraphernalia. We do not intend to engage in a section by section analysis of your bill. We believe that for purposes of this opinion it is sufficient to say that there are serious questions of constitutionality surrounding the bill. As you are aware, in order to meet constitutional muster criminal statutes must be specific. They must identify that which is prohibited with such specificity as will allow an individual of ordinary…