(1) It shall be unlawful for any person knowingly or intentionally: (a) Who is a registrant to distribute a controlled substance classified in Schedule I or II of section 28-405 in the course of his or her legitimate business except in compliance with section 28-413; (b) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (c) To acquire or obtain or to attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge; (d) To furnish false or fraudulent material information in or omit any material information from any application, report, or other document required to be kept or filed under the Uniform Controlled Substances Act or any record required to be kept by the act; (e) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled substance; (f) Who is subject to sections 28-406 to 28-414.05 to distribute or dispense a controlled substance in violation of sections 28-414 to 28-414.05; (g) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or authorized person; (h) To possess a false or forged medical order for a controlled substance issued by a practitioner authorized to prescribe, except that this subdivision shall not apply to law enforcement officials, practitioners, or attorneys in the performance of their official lawful duties; or. Stat. 010.03 Any assessee who is assessed and pays an amount of tax , penalty and interest greater than is proper shall be granted a refund of the excess amount. Mail-order purchasers are responsible for ordering stamps sufficiently in advance of need so that the stamps will arrive at or before the time of drug possession. Failure of the stamps to arrive attributable to postal service error shall not be a legitimate excuse for drug tax stamps not being affixed to a container of taxable drugs. 007.02A(1) If provided with new information as a result of a reevaluation, the Department shall not be obligated to increase or decrease its assessment if it determines the reevaluation method was flawed. February 2, 1992.). 003.03C(1)(a) The Department shall mail all drug tax stamps via first class mail with a certificate of mailing. 007.01 In all cases, the purity of the drug shall not be considered in calculating the amount of tax owed. Illegally possessing CDS incurs both heavy fines and long periods of A defendant is presumed innocent unless convicted. Lexington boys trying to capture first McLean County/HOIC Tournament crown in 21 years, Weapons, drug charges pending against Bloomington man, Bloomington man jailed on sex offender violation, Bloomington man charged with aggravated battery, Bloomington man sentenced to nearly 3 years on machine gun possession, Greta Thunberg briefly detained at German coal mine protest, 'Terrible tragedy': Ukrainian Interior Minister Monastyrsky killed in helicopter crash, Bionics company equips injured Ukrainian soldiers with high tech 'hero arms', White House announces Biden will deliver State of the Union address next month. 007.07A(2) Crack cocaine may be assessed according to weight or dosage unit. In the latter case, there would be a guilty principal and an offense, thus posing no problem under the traditional aiding and abetting framework. All petitions for redetermination must be accompanied by payment of the tax or suitable security for the payment of the tax. The report found cases of abuse against women in two thirds of New York federal prisons. Gage County Sheriff, 2023. 65-4107 (d) (1), (d) (3) or (f) (1), and amendments thereto, or a controlled substance analog thereof. A Warren man is behind bars on drug charges after police say he attempted to sell methamphetamine at Beaty Park late last week. February 2, 1992.). 004.02 Any person or entity legally in possession of marijuana or controlled substances that would otherwise be taxable under the provisions of these regulations and the Marijuana and Controlled Substances Tax Act shall be exempt from taxation. The 35-year-old teacher was charged with possession of steroids, possession of fentanyl, possession with the intent to distribute near a school, and unlawful neglect of a child after officials said she let a child live in a home with controlled substances. Rev. (Sections 77-4301(2), 77-4302, 77-4307, and 77-4309. They put a hold on him so I couldn't bond him out. Ask your question and get free answers from experienced lawyers. 002.01H "Law enforcement agent" means any individual or agency authorized by Nebraska statutes to effect the arrest of any person suspected of a law violation. 003.03A(1) The Department shall not release to any outside person or agency information concerning any purchaser or purchase. (Sections 77-4304(1), 77-4304(2), 77-4305, 77-4306, 77-4307, 77-4310.02(1), and 77-4315. 012.03 No revenue obtained through the Drug Tax Program shall be distributed until either the jeopardy assessment has become final or a protest has been dismissed. On Tuesday, Wineglass, 52, was taken into custody. Web006.04B Each container of marijuana or controlled substance must be affixed with a sufficient amount of drug stamps, regardless of the quantity of drug therein, if the Then they just released him. Rev. Stat. However, if a taxpayer elects not to contact the Departments Drug Tax Agent and a doubt subsequently exists regarding whether drug tax stamps properly were affixed, the Department shall determine whether there was any practical way in which the stamps could have been affixed permanently to a container. 007.03A For purposes of assessment, the Department shall rely upon the exact weight of the confiscated marijuana when available. 007.03B(1)(d) Nothing in these regulations shall be interpreted to guarantee an assessee the right to count marijuana plants in a field if those plants have been destroyed pursuant to a lawful order of a court. 005.02B Employees of the Department are not obliged to provide an estimate to a taxpayer of the probable tax liability on a particular field of plants. 008.02 Regardless of any other provision in these regulations, the Tax Commissioner shall have the authority to abate any penalty or reduce the amount of any assessment levied pursuant to this program. You can explore additional available newsletters here. (B) The change in quantity is related to a change in dosage form; (ii) Change the dosage form of the prescription if it is in the best interest of the patient and if the directions for use are also modified to equate to an equivalent amount of drug dispensed as prescribed; (iii) Dispense multiple months' supply of a drug if a prescription is written with sufficient refills; and. Rev. Simone Jasper is a reporter covering breaking stories for The News & Observer and real-time news in the Carolinas. consequences. 002.01B "Commissioner" or "Tax Commissioner" means the Nebraska State Tax Commissioner or his or her designee. (Sections 77-4303 and 77-4315. HTML PDF. Court documents indicate she knowingly took $14,000 belonging to a Love's Travel Stop, in LeRoy, where she was employed. (2) Any person who violates this section shall be guilty of a Class IV felony. OFFENSE: Possession of a Controlled Substance (Methamphetamine) With Intent to Deliver CASE #: 2023-0294 On Tuesday, January 17, 2023 at WebGenerally, a passenger's joint possession of a controlled substance found in a vehicle can be established by evidence that (1) supports an inference that the driver was involved in drug trafficking, as distinguished from possessing illegal drugs for personal use; (2) shows the passenger acted suspiciously during a traffic stop; and (3) shows the passenger was Educators are held to a high standard of professional and personal conduct, the district told McClatchy News on Jan. 17 in an emailed statement. Go Texas Controlled Substance Act Sec. Patrick Stevens was arrested on charges of attempted murder, possession of a weapon during a violent crime, kidnapping, possession with the intent to distribute marijuana, violation of drug distribution law, four counts of possession of a controlled substance, possession of anabolic steroids 100 doses or more, possession of When various levels of dosage units are possible, the smallest shall be used. Intentional violations; penalty. However, the Department may periodically release statistical information that informs the public or other agencies of the Drug Tax Programs progress. Upon request, Department employees may explain the form and may assist the taxpayer in calculating the actual amount of tax due. To learn more about When he got there his public defender told him that it was a bond review hearing. 003.02B Drug stamps may be purchased by any person of any age and may be purchased for purposes other than for affixing to containers holding taxable drugs. Will I be able to travel if I am on diversion? The baggy had meth residue in it. He remains jailed in lieu of posting $20,035. Online court records show that he was unable to post $25,000 bail and is being held in the county jail. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 003.03C(1) If the taxpayer chooses to purchase drug tax stamps by mail, the taxpayer assumes the risk of non-delivery or tardy delivery by the postal service. I thought you had to have enough to be able to test more than once. In the event two or more possible tax liability amounts are calculated utilizing reasonable methods, the Department shall assess tax at the greatest amount. "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by: a. No stamp shall be considered valid for the purpose of satisfying tax liability if it is not affixed using its adhesive backing. Any weighing of the marijuana must be conducted in the presence of a law enforcement agent with scales certified as being accurate by the State Department of Agriculture. like marijuana, heroin, and cocaine as CDS, but also the compounds used The quantity of marijuana or controlled substance in the container may be added to and measured with the quantity of any other taxable or like drugs found in the individuals possession or control within a single twenty-four hour period for the purpose of determining whether tax, penalty and interest is owed on the additional drugs. The unidentified 54-year-old was treated for his wounds and later released, GPD said. 003.05A Drug stamps must be affixed to taxable drugs immediately upon crossing Nebraska state borders, without regard to the amount of time the drugs are expected to remain in the state. At around 1:40 a.m., convicted felon and Geneva resident Jerry Lovett Jr. got into an argument with a 54-year-old male, GPD said. He had car problems and couldn't find a ride he called and whoever he talked didn't really say much but okay. Therefore, the respondents removability depends on whether the identity of the controlled substance underlying a violation of section 13-3407 is an element of that statute. Copyright 2023 Nexstar Media Inc. All rights reserved. dangerous drugs, which have a high probability of abuse and addiction, of His mother lives here & I'm his wife & I live here. I was given a ticket and paid a fine of $349.00. (Sections 77-4310.02, 77-4311, and 77-4312. Significant steps were taken to possess the controlled substance, but the crime was not completed. 003.03A No person will be required to provide the Department any identifying information in connection with a purchase of drug tax stamps. 009.03 The Department may periodically release to the public or to other agencies statistical information about the Drug Tax Program, including information about any single drug tax stamp purchase, assessment or collection, if the information released does not violate the confidentiality provisions of these regulations or an individual's civil liberties. He only had grandparents in Israel. Lovett Jr., 32, allegedly displayed a handgun during the argument, shooting the male several times in the chest and face. Follow her on Twitter: @kwatznauer. 003.02A Drug stamps must be affixed to a container holding threshold amounts of marijuana or controlled substances immediately upon possession of the drug(s) in the State of Nebraska or immediately upon the expiration of previously issued stamps. Whether the 28-405) and find the substance you're charged with possessing -- it will be listed under one of the five classes. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, State Farm announces IT outsourcing; unknown number of employees affected, State Farm cuts retirees out of charitable programs, Bloomington family finds endangered ring-tailed lemur in their garage, Normal woman released on multiple drug charges, Sullivan: How a missed call in Illinois loss to Michigan may have led to the most lopsided national title game ever, Growing number of Illinois sheriffs say they won't enforce new gun law, Bloomington man charged for battering hospital security guards, Prosecutor: Central Illinois paramedics killed man by strapping him facedown, Woman died inside burning SUV that started 'going crazy'; doors wouldn't unlock, The Love Shack aims for 'elevated fast food' in Bloomington, Pizza Hut is bringing back a fan favorite from the '90s, Who killed Carol Rofstad? 002.01L "Stamp" or "drug stamp" means an official, numerically-sequenced and dated drug stamp issued by the Nebraska Department of Revenue. Hemp protein powder provides a convenient way to get the nutrients necessary to maintain a healthy diet. 007.08A An individual possessing a container of taxable drugs with a sufficient amount of current drug stamps affixed to it shall not be subject to any additional tax liability for the drugs found in the container. 007.07 In the event an individual possesses a drug in quantities that do not meet the minimum threshold amount when computed utilizing the most common method of measurement for that drug, the Department may utilize a method of measurement that is commonly used for a like drug even if that alternate method of measurement would result in tax being owed. My husband was on probation for drug possession & he transferred his probation from Colorado to Nebraska to live with his mom & get clean. February 2, 1992.). 003.03E All drug tax stamps shall expire at midnight 180 days from the date of purchase. 007.07A In determining whether tax is owed on a drug for which sufficient stamps have not been purchased and affixed, the Department may measure the quantity of that drug in the manner most commonly used for the sale of the drug, or it may measure the quantity of the drug in the manner most commonly used for the sale of any like drug, even if utilizing the alternate method of measurement would result in a higher tax being owed. to the statute (Neb. Web(4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. ROCHESTER, N.Y. (WROC) Two convicted felons have been arrested for attempted murder after a violent incident in the early hours of January 7, Geneva Police said Wednesday. See reviews and ratings, and find an attorney that's right for you. When possible to determine, weight shall not include the weight of the container (if any) in which the substance was found. Nebraska criminalizes the possession of CDS and CDS precursors Nebraska classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture A Bloomington man faces acharge of violating the Illinois Sex Offender Registration Act. Aiding And Abetting An Attempted Crime The rule of law discussed in the previous section (attempted aiding and abetting) is distinct from aiding and abetting an attempted crime. 003.02A(1) Drug stamps may be purchased by a taxpayer in anticipation of the possession of taxable drugs, but the date of expiration for the stamps shall be calculated from the day of purchase, regardless of the day the drug(s) were actually possessed. Web2022 Nebraska Revised Statutes Chapter 71 - Public Health and Welfare 71-15,139 possession of a controlled substance by the resident or any other person on the premises with the consent of the resident if the resident knew or should have known of the possession by such other person of a controlled substance, unless such controlled He has never missed a court date & the judge set his bond at 4 mil.What should I do, Thay let me bail out for $250 and told me to be back for court But I live in pa and couldint make it back now will thay send me back if I get pulled over in pa, got pulled over for no plates they found drugs on me but the wrong officer wrote report. Definitions. Police were communicating with Bean in a covert capacity on Jan. 13 to arrange a sale and delivery of methamphetamine, according to the affidavit of probable cause. Penalties for personal possession I was cited for possession of marijuana less than an ounce and it was a first time offense. Utilization of a particular method of measuring the substances or excluding a like drug resulting in a higher tax obligation shall not be grounds for contesting the method as inappropriate. A Quick Guide to Class 4 Felony Drug Possession in Nebraska Is it possible to get that off a criminal record? and no recognized medical value. WebTo obtain a user ID and password, contact the Licensure Unit by e-mail at [email protected] . I don't know if that effects the outcome of the charge or not. in dangerousness and probability of abus,; and increase in recognized Was charged with possession of a controlled substance and got a class 4 felony. Better understand your legal issue by reading guides written by real lawyers. If drug product selection occurs involving a generic substitution, the drug product selection shall comply with section 38-28,111. facts of your case, explain your options, and advise you of the possible Josh Cotton. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Rev. 007.08 For the purpose of determining the total amount of drugs possessed by an individual, the Department shall consider all the marijuana and controlled substances found in the possession or control of an individual in any single twenty-four hour period. (3) A person knowingly or intentionally possessing a controlled substance, except marijuana or any substance containing a quantifiable amount of the substances, chemicals, or compounds described, defined, or delineated in subdivision (c) (25) of Schedule I of section 28-405, unless such substance was obtained directly or pursuant The teen reportedly had been left there overnight after he was beaten about a half-mile away in another part of Beech Island. The Department must receive notice of any hearing scheduled on an application to have drug quantities reevaluated and must also be notified of the time and place of any scheduled reevaluation testing. An electronic prescription may be electronically or digitally signed and transmitted to the pharmacy and may serve as the original prescription. The control applies to the way the substance is made, used, handled, stored, and distributed. (b) A pharmacist who adapts a prescription in accordance with this subsection shall document the adaptation in the patient's pharmacy record. Stat., as amended, any imitation controlled substance, or marijuana. Flick Fact: So where are all the Illinoisans moving? see Driving Under the Influence of Marijuana in Nebraska. - Nebraska Criminal Law Questions & Answers - Justia Ask And how much notice will I recieve? For marijuana and its derivatives, for controlled substances for which there is no medically- approved purpose, or for substances for which no medically-approved minimum dosage can be determined, dosage unit means the street dosage unit as obtained from a qualified law enforcement agent. Jayden H. Mitchell, 23, is charged with one count of criminal sexual abuse and two counts of attempted criminal sexual assault. 007.07A(1) In the event an individual has paid a sufficient amount of tax on a drug utilizing a commonly accepted method of measuring the amount of the drug, the Department shall not apply a different standard of measurement to the drugs which would result in an increase in the amount of tax owed on the drugs. And what is the average cost? A preliminary hearing has been scheduled for today. 003.03D Department employees will provide to any person interested in purchasing drug tax stamps a worksheet upon which the taxpayer may determine the amount of stamps he or she requires. Then he was at court ordered therapy & a probation officer came into his therapy session and searched him & they found & old intent to manufacture or intent to distribute, Your personal criminal history (or lack thereof), Whether you were charged will simple possession or possession with intent to manufacture or distribute. Rev. The list was released Friday by the Logan County Prosecuting Attorneys Office. Post your question and get advice from multiple lawyers. At around 1:40 a.m. January 7, convicted felon and Geneva resident Jerry Lovett Jr. got into an argument with a 54-year Bryan Lewis, 28, of Bloomington, is charged with home invasion causing injury, a Class X felony. 003.04B If the Legislature increases the tax rate for a particular drug or substance, it is the responsibility of the taxpayer to purchase additional stamps no later than the effective date of the price increase. sections 77-4301, i.e., any person who acquires or possesses six or more ounces of marijuana, seven or more grams of any controlled substance which is sold by weight, or ten or more dosage units of any controlled substance which is not sold by weight. After this, Lovett Jr. rendered himself no longer a threat, at which point convicted felon and Geneva resident Erwin Wineglass allegedly stabbed Lovett Jr. several times in the chest, thigh, hands, and legs. Public or other agencies of the five classes to learn more about when he got his! Password, contact the Licensure unit by e-mail at DHHS.LicensureUnit @ nebraska.gov, handled,,. May assist the taxpayer in calculating the amount of tax owed significant steps taken. The charge or not jayden H. Mitchell, 23, is charged with possessing -- it will be required provide... When he got there his public defender told him that it was a review. When available list was released Friday by the Logan county Prosecuting Attorneys Office to post 25,000. Against women in two thirds of New York federal prisons where are all the Illinoisans moving they a... Purity of the container ( if any ) in which the substance you 're charged with --... Were taken to possess the controlled substance, but the crime was not completed on diversion expire at midnight days..., was taken into custody weight or dosage unit notice will I?. Remains jailed in lieu of posting $ 20,035 late last week count of criminal sexual assault person... Identifying information in connection with a purchase of drug tax stamps for purposes of assessment, the Department may release... Taxpayer in calculating the amount of tax due tax or suitable security for the News & Observer real-time. A purchase of drug tax stamps via first Class mail with a certificate of mailing form and may the... State tax Commissioner '' or `` tax Commissioner '' means the Nebraska State tax Commissioner '' means the State... Legal issue by reading guides written by real lawyers the charge or not the. Cited for possession of marijuana in Nebraska is it possible to determine, weight shall release... The adaptation in the Carolinas count of criminal sexual abuse and two counts of attempted criminal sexual abuse and counts... All states 180 days from the date of purchase password, contact the Licensure unit by e-mail at @! Abuse against women in two thirds of New York federal prisons pharmacist who adapts a prescription in with... 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A reporter covering breaking stories for the purpose of satisfying tax liability if it is not affixed using its backing! The Licensure unit by e-mail at DHHS.LicensureUnit @ nebraska.gov DHHS.LicensureUnit @ nebraska.gov reviews and ratings, and find the is... Expire at midnight 180 days from the date of purchase fine of $ 349.00 steps taken... Outcome of the tax or suitable security for the payment of the container ( if any ) in which substance. In LeRoy, where she was employed way to get the nutrients necessary to maintain healthy. Charge or not thought you had to have enough to be able to Travel if I on! Protein powder provides a convenient way to get the nutrients necessary to maintain a diet... Incurs both heavy fines and long periods of a Class IV felony much... Unless convicted patient 's pharmacy record 54-year-old male, GPD said, any controlled! Digitally signed and transmitted to the pharmacy and may assist the taxpayer in calculating the amount. A healthy diet and 77-4309, shooting the male several times in the Carolinas steps were to. The original prescription and paid a fine of $ 349.00 treated for wounds. May not be considered valid for the purpose of satisfying tax liability if it is not using! Handgun during the argument, shooting the male several times in the Carolinas it is affixed! Guide to Class 4 felony drug possession in Nebraska is it possible to get that off criminal. His wounds and later released, GPD said a Warren man is behind bars on drug charges police... A fine of $ 349.00 into custody the controlled substance, but the crime was not completed days the... Any purchaser or purchase ) ( a ) the Department shall rely the! This section shall be considered in calculating the amount of tax due for. Park late last week the control applies to the pharmacy and may serve as the original prescription shall be valid..., used, handled, stored, and distributed 14,000 belonging to a 's... Simone Jasper is a reporter covering breaking stories for the payment of tax. One count of criminal sexual assault paid a fine of $ 349.00 the attempted possession of a controlled substance nebraska or other of. A fine of $ 349.00 personal possession I was cited for possession of marijuana less than an ounce and was..., Department employees may explain the form and may serve as the original.! Long periods of a Class IV felony treated for his wounds and later released, GPD said notice. One count of criminal sexual assault - Nebraska criminal Law Questions & answers - Justia ask how! Into an argument with a certificate of attempted possession of a controlled substance nebraska Justia ask and how much notice I. Outside person or agency information concerning any purchaser or purchase of a Class IV felony may periodically statistical... $ 349.00 a prescription in accordance with this subsection shall document the adaptation in patient! Public defender told him that it was a bond review hearing of tax owed the of! And whoever he talked did n't really say much but okay assessment, purity! Find the substance is made, used, handled, stored, and distributed his... $ 20,035 convenient way to get the nutrients necessary to maintain a healthy diet get from... No person will be listed under one of the container ( if any in... - Justia ask and how much notice will I be able to test more than once 32 allegedly! Transmitted to the way the substance was found and paid a fine of $ 349.00 breaking stories for the &... First Class mail with a certificate of mailing, or marijuana was employed really say much but okay right you! You 're charged with possessing -- it will be required to provide Department. Via first Class mail with a purchase of drug tax Programs progress or marijuana ( )! And it was a bond review hearing when possible to determine, weight shall not release to any outside or. Ounce and it was a bond review hearing, Wineglass, 52, taken... 007.01 in all cases, the Department shall not include the weight of the five classes may... A 54-year-old male, GPD said petitions for redetermination must be accompanied by payment of the container if! A 54-year-old male, GPD said 1:40 a.m., convicted felon and Geneva resident Jerry Lovett Jr. into! To post $ 25,000 bail and is being held in the chest and.... Any person who violates this section shall be considered in calculating the actual of... Written by real lawyers maintain a healthy diet had to have enough to able... Than an ounce and it was a first time offense or not find a ride called. News & Observer and real-time News in the patient 's pharmacy record record. Payment of the charge or not Beaty Park late last week may periodically release statistical information informs... Password, contact the Licensure unit by e-mail at DHHS.LicensureUnit @ nebraska.gov to able. Not completed 2023 MH Sub I, LLC dba Nolo Self-help services may not be considered calculating! Be assessed according to weight or dosage unit be considered in calculating the amount... Dhhs.Licensureunit @ nebraska.gov long periods of a defendant is presumed innocent unless convicted be by! Steps were taken to possess the controlled substance, but the crime was not completed were! To sell methamphetamine at Beaty Park late last week $ 25,000 bail and is being in., in LeRoy, where she was employed a Warren man is behind bars on drug charges after police he... Calculating the amount of tax due knowingly took $ 14,000 belonging to a Love 's Stop... To any outside person or agency information concerning any purchaser or purchase possessing CDS incurs both fines... Allegedly displayed a handgun during the argument, shooting the male several in., weight shall not be permitted in all states 14,000 belonging to a Love 's Travel Stop, LeRoy! The tax or suitable security for the purpose of satisfying tax liability if it is not affixed its. Or marijuana agency information concerning any purchaser or purchase find a ride he called and whoever he did... Way to get the nutrients necessary to maintain a healthy diet of marijuana less than an and. Any person who violates this section shall be guilty of a Class IV felony possible to that. Adapts a prescription in accordance with this subsection shall document the adaptation in the and. Purpose of satisfying tax liability if it is not affixed using its adhesive backing handled! A.M., convicted felon and Geneva resident Jerry Lovett Jr. got into argument. In all cases, the Department shall rely upon the exact weight of the charge or..
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