In Nebraska, a late legislative effort to protect healthcare professionals who recommend medical cannabis has failed. The attempt occurred during a session on Wednesday, following the collapse of a broader medical cannabis regulatory bill. State Senator John Cavanaugh of Omaha proposed an amendment to Legislative Bill 376, which aims to reduce reporting requirements within the Nebraska Department of Health and Human Services.
Cavanaugh characterized his amendment as a necessary safeguard for doctors, arguing it would provide ‘small but meaningful’ support for families advocating for medical cannabis access. This comes after the previous day’s vote on Legislative Bill 677, which sought to establish a medical cannabis framework, was narrowly defeated with a tally of 23-22, missing the required votes to overcome a filibuster.
According to Cavanaugh, the lack of physician recommendations has hindered patient access to medical cannabis, despite voters approving its use for various medical conditions at over 70% in a November ballot. Currently, patients in Nebraska can possess up to five ounces of medical cannabis with a doctor’s recommendation, but the state has yet to license dispensaries, limiting access.
Cavanaugh’s amendment aimed to prevent any legal repercussions for healthcare providers who would recommend cannabis to patients. However, the Nebraska Attorney General, Mike Hilgers, has indicated that he may pursue investigations into physicians who issue such recommendations.
Opposition to the amendment came from various senators, including State Senator Bob Andersen, who argued that the amendment was not relevant to the existing bill. Senate Speaker John Arch supported this view, and a motion to overrule Arch’s decision was defeated, securing a vote of 15-30, with 24 votes needed to advance.
Critics, including State Senator Brian Hardin, dismissed the amendment as a ‘cheap parlor trick’ that could jeopardize the broader bill. Despite some senators expressing support for Cavanaugh’s proposal, the timing of its introduction raised concerns. State Senator Margo Juarez noted that amendments introduced late in legislative sessions often face skepticism.
State Senator Megan Hunt defended the amendment’s relevance, arguing that legislative procedures often allow for broad interpretations of ‘germaneness.’ However, others contended that the last-minute nature of the proposal was inappropriate, calling for more deliberation.
Cavanaugh’s final plea emphasized the moral imperative for senators to act in the interest of families seeking cannabis treatment. He asserted that the legislature must address these issues soon, especially in light of the upcoming deadlines for dispensary licensing.
The outcome of this legislative session highlights ongoing challenges in Nebraska regarding medical cannabis access and the regulatory environment surrounding it. Advocates for cannabis reform plan to continue their efforts in future sessions, aiming to secure a framework that would allow patients to access the medicine they need.
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