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LB 72

Change provisions relating to controlled substances schedules under the Uniform Controlled Substances Act

109th Legislature (2025-2026) Introduced by Bob Hallstrom

Nebraska updates its Uniform Controlled Substances Act to mirror federal schedules, adding xylazine to Schedule III, plus synthetic opioids, stimulants, zuranolone, and psilocybin-related provisions.

Approved by Governor on February 25, 2025
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Bill Summary · LB 72

Summary — LB 72 (2025)

Title: Change provisions relating to controlled substances schedules under the Uniform Controlled Substances Act
Sponsor: Senator Bob Hallstrom (primary)
Approved by Governor: February 25, 2025

Purpose

LB 72 updates Nebraska’s Uniform Controlled Substances Act to align the state controlled-substance schedules with the federal Controlled Substances Act. The bill adds a number of synthetic opioids, stimulants, and related substances to state schedules and specifically adds xylazine to Schedule III while making other schedule adjustments to conform with federal listings.

Key provisions

  • Amends statutory schedules in Neb. Rev. Stat. § 28-405 to mirror the federal Controlled Substances Schedule (as reflected in the bill text).
    • Schedule I: Adds various synthetic opioids, stimulants, and the hallucinogenic eutylone. Clarifies that listing psilocybin as Schedule I does not prohibit use or sale of any FDA‑approved pharmaceutical form of the underlying chemical compound.
    • Schedule II: No substantive change.
    • Schedule III: Adds xylazine (a veterinary tranquilizer increasingly found as an adulterant in illicit drugs) and explicitly preserves its lawful use by veterinarians.
    • Schedule IV: Adds zuranolone (an FDA‑approved drug for postpartum depression) and removes fenfluramine (an antiseizure drug) to conform to federal scheduling. The bill also allows conditional sale of FDA‑approved medications based on psilocybin (i.e., authorized pharmaceutical forms).
    • Schedule V: No substantive change.
  • Amends § 28-416 for harmonization and makes conforming statutory edits.
  • Repeals the prior versions of the amended sections.

Who is affected

  • Law enforcement and prosecutors: enforcement and charging decisions will reflect the revised state schedules.
  • Health care providers, pharmacists, and veterinarians: new scheduling affects prescribing, dispensing, recordkeeping, and licensing obligations; veterinarians retain authorized clinical use of xylazine.
  • Pharmaceutical manufacturers and distributors: FDA‑approved products (notably psilocybin formulations and zuranolone) are addressed to permit lawful medical use despite underlying scheduling.
  • People possessing, manufacturing, or distributing the newly scheduled substances: subject to state regulatory controls and penalties tied to the relevant schedule.

Procedural / timeline highlights

  • Introduced: January 9, 2025
  • Judiciary Committee hearing/advanced to General File: Jan 22, 2025
  • Final reading/passage: February 21, 2025 (vote 47–1–1)
  • Presented to Governor: February 21, 2025
  • Approved by Governor (signed): February 25, 2025
  • Statutory sections amended: § 28-405 and § 28-416 (Revised Statutes Cumulative Supplement, 2024)

Additional notes

  • Committee testimony listed proponents including the introducer (Sen. Hallstrom) and the Nebraska Pharmacists Association; no formal opponents were recorded in the committee report.
  • Aligning state schedules with federal listings reduces interstate regulatory divergence and addresses emerging synthetic drugs and adulterants (such as fentanyl analogs and xylazine).

Compiled from official sources — confirm details with the bill’s official record.

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