LINCOLN, Neb. (KOLN) — Nebraska state lawmakers decided not to implement regulations for medical marijuana on Tuesday, postponing the process until at least the 2026 Legislative Session. This decision was made following a debate over Legislative Bill 677 (LB677) and a proposed amendment from the General Affairs committee, which aimed to provide guidelines for the implementation and taxation of medical marijuana.
Under current Nebraska law, established by voter-approved Initiatives 437 and 438, patients can possess up to five ounces of medical marijuana. The proposed amendment to LB677 was intended to clarify eligibility for medical marijuana, specifying that patients diagnosed with certain medical conditions could qualify if they received a written recommendation from a licensed healthcare practitioner. Conditions listed under the bill include: – Amyotrophic lateral sclerosis – Autism with frequent self-injurious or aggressive behavior – Cancer – Crohn’s disease or ulcerative colitis – Epilepsy – Hepatitis C causing moderate to severe nausea or cachexia – HIV or AIDS – Huntington’s disease – Parkinson’s disease – Spinal cord injury or disease with neurological deficits – Terminal illness with a life expectancy of under one year – Tourette’s syndrome – Severe nausea or cachexia from treatment of serious medical conditions – Severe muscle spasms from multiple sclerosis, spinal cord injury, or muscular dystrophy – Chronic pain lasting longer than six months under inadequate management despite treatment attempts.
Attorney General Mike Hilgers has raised concerns about the initiatives, citing instances of fraud among a small number of signatures. Although a few hundred signatures were found to be fraudulent, this did not affect the initiatives’ validity. Hilgers has lost two court cases in his efforts to invalidate these initiatives and hopes for a favorable decision from the Nebraska Supreme Court.
Some senators expressed concerns that passing LB677 would inadvertently establish a framework for medical marijuana, should the Supreme Court rule against the initiatives. They pointed out that the bill would require patients to obtain a written recommendation following a diagnosis from one of the specified medical conditions.
The Nebraska Medical Cannabis Regulation Act established the Nebraska Medical Cannabis Commission, which is tasked with regulating medical marijuana and enforcing the relevant laws. Several senators questioned whether the Legislature should start regulatory processes, given that the commission is responsible for setting criteria for medical marijuana applications. The commission must finalize its acceptance or denial criteria by July 1 and start issuing registrations by October 1.
LB677 would have introduced legislative guidelines that are more conservative than those outlined in the initiatives voted on by Nebraskans. This Thursday, senators are set to vote on two appointments to the commission made by Governor Jim Pillen. The commission must consist of three to five members, including two appointed by the governor with legislative approval and three from the Nebraska Liquor Control Commission. Both of Governor Pillen’s appointees, Lorelle Mueting and Monica Oldenburg, have historically opposed the legalization of medical marijuana in the state. The governor described them as qualified individuals who will ensure strict adherence to the law as enacted by Nebraska voters.
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