In November 2022, 71% of Nebraska voters endorsed medical cannabis legalization, marking the highest approval rate for such measures in states that have adopted them through voter initiatives. However, despite significant voter support, medical cannabis remains unavailable for legal purchase in Nebraska five months after Governor Jim Pillen enacted the enabling laws.
The Nebraska Medical Cannabis Commission is responsible for drafting regulations, with the aim to begin licensing dispensaries by October 1, 2025. However, as it stands, Nebraska Attorney General Mike Hilgers has affirmed that medical cannabis is still functionally illegal until dispensaries are operational. The Omaha Police Department echoed this sentiment, stating that without legal outlets for purchase, medical cannabis cannot be accessed.
Voters approved two key laws: the Nebraska Medical Cannabis Patient Protection Act and the Nebraska Medical Cannabis Regulation Act. The Patient Protection Act allows patients with a healthcare provider’s recommendation to possess up to five ounces of cannabis, without specifying qualifying medical conditions or consumption methods. The Regulation Act established the Nebraska Medical Cannabis Commission, which is tasked with overseeing the registration and regulation of medical cannabis activities.
The commission currently comprises three ex-officio members from the Nebraska Liquor Control Commission, along with two appointees from the governor, pending legislative confirmation. However, the commission lacks funding, office space, and staff necessary to execute its mandate effectively, as noted in a legal brief from an attorney representing the commission’s members.
Legislative action is underway, with State Senator Ben Hansen introducing LB677, a bill aimed at modifying the Medical Cannabis Regulation Act. Initially, the bill did not limit eligible medical conditions or restrict smoking, but it has since undergone amendments. The latest amendment, AM1251, prohibits smoking while allowing vaping and establishes a list of eligible medical conditions, which includes terminal illness, cancer, and severe muscle spasms, among others. Notably, post-traumatic stress disorder was excluded from this list, prompting calls for its inclusion from various state senators and activists.
If passed, LB677 would allow for the establishment of 30 dispensaries across Nebraska, capping the number at ten per congressional district. However, the bill faces opposition from groups like the Nebraska Sheriff’s Association, which argues that it resembles a recreational cannabis bill that could exacerbate illegal market activities.
The legislative process is complicated by potential filibustering, requiring 33 votes at each debate stage for advancement. Senators who support the bill encourage constituents to share personal testimonies to influence undecided legislators.
Should LB677 fail to pass, the voter-approved measures would remain intact, but the lack of a regulatory framework could hinder the implementation of accessible medical cannabis in Nebraska. Hilgers has cautioned against legislative action, suggesting that further regulations may not be necessary, particularly with ongoing legal challenges questioning the validity of the voter initiatives.
A lawsuit, initiated by former state senator John Kuehn, alleges fraudulent practices during the petition process for the cannabis initiatives. Should this lawsuit succeed, it could impact the future of medical cannabis in the state significantly.
As it stands, Nebraskans are left in uncertainty regarding medical cannabis accessibility, with regulatory steps stalled and legal disputes looming. The outcome of LB677 and the ongoing legal challenges will ultimately shape the landscape of medical cannabis in Nebraska.
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