Nebraska is navigating a complex path toward implementing its voter-approved medical cannabis laws, with state lawmakers considering adjustments to address funding gaps, regulatory concerns, and legal challenges.
Background: Voter-Approved Measures and Implementation Hurdles
In November 2024, Nebraska voters overwhelmingly approved two ballot measures: Initiative 437, legalizing medical cannabis with 71% support, and Initiative 438, establishing a regulatory framework with 68% approval. These measures set deadlines for regulations by July 1 and licensing by October 1, 2025.Â
However, the Nebraska Legislature holds the authority to allocate state funds, and as of now, no specific funding has been designated for the newly formed Nebraska Medical Cannabis Commission. The proposed state budget includes a modest $30,000 annually for the commission’s duties, which are currently assigned to the Nebraska Liquor Control Commission, but lacks a dedicated line item for the commission’s operations.Â
Legislative Efforts: LB 677 and Regulatory Framework
State Senator Ben Hansen of Blair has introduced Legislative Bill 677 (LB 677) to establish a comprehensive regulatory framework for medical cannabis. The bill aims to provide structure for licensing, patient registration, and product tracking, including integration with the state’s prescription drug monitoring program.Â
A revised amendment to LB 677 allows qualified patients or caregivers to purchase up to 2 ounces of cannabis flower or bud, though smoking remains prohibited. Notably, post-traumatic stress disorder (PTSD) is excluded as a qualifying medical condition under the current version of the bill.Â
Opposition and Legal Challenges
Nebraska Attorney General Mike Hilgers has expressed opposition to the implementation of medical cannabis laws, arguing that allowing the laws to take effect as-is would be better for the “will of the people,” a stance Senator Hansen disputes as “false hope.”Â
Additionally, former State Senator John Kuehn has filed lawsuits challenging the validity of the ballot measures, citing federal preemption and alleged signature irregularities. While a district court allowed the laws to proceed, legal challenges continue.Â
Public Forums and Advocacy
In response to public concern, state lawmakers have hosted forums in La Vista, Omaha, and Lincoln to discuss the future of medical cannabis regulations. Advocates emphasize the importance of establishing a safe and regulated system to ensure patient access and public safety.Â
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