The voters approved of the 70-percent level. Give them some hope.
By Zach Wendling, Nebraska Examiner
The late Wednesday legislative effort to provide additional protections for health care providers who recommend medical marijuana to Nebraska patients failed to move forward, a day following the failure of a larger medical cannabis regulation bill.
John Cavanaugh of Omaha, state senator (D), tried to attach these physician liability protections to Legislative Bill 376, a bill that was drafted by the Health and Human Services Committee. The bill aims to cut down on reporting and other requirements, especially in the Nebraska Department of Health and Human Services.
Cavanaugh called his “solution” a small but significant step for many of the families that showed up on Tuesday to support LB 677 – the state senator Ben Hansen’s (R) medical cannabis regulation bill. LB 677 failed 23–22, falling 10 votes short of overcoming an all-day filibuster.
Cavanaugh said to his colleagues: “Give this families some hope. Give them some chance to access what voters have approved with over 70%.” Vote for a small amount of protection to doctors who follow their consciences and training.
Under the ballot measures approved in November, a patient can possess up to 5 ounces of medical cannabis for any condition with a health care practitioner’s recommendation.
Physician recommendation hesitancy
DHHS however has not released any guidelines and advocates claim that state physicians refuse to give medical cannabis recommendation. Nebraska cannabis cannot be bought legally until the medical dispensaries that are required to comply with voter approved law, by October 1st, have received a license.
Cavanaugh also argues that Nebraska Attorney General Mike Hilgers, (R), has admitted the possibility of investigating licenses for physicians who prescribe cannabis. Hilgers continues to fight voter-approved marijuana laws.
Cavanaugh’s Amendment, which is identical to the language used to protect medical providers under LB 677 (the law that was passed in California), prohibits a doctor from being arrested, prosecuted and disciplined simply for expressing their professional opinion or providing a recommendation in writing.
Nebraska Medical Association has expressed support for these protections.
‘Cheap parlor trick’
Bob Andersen, a Republican state senator from north-central Sarpy County who was vehemently against LB 677, argued Cavanaugh’s amendment wasn’t “germane” or connected to LB 376, and that it didn’t relate. John Arch of La Vista (R), a former HHS Committee Chair who presided over the Legislature during that time and was Speaker John Arch at the moment, agreed.
Cavanaugh moved to overrule the chair, which fell short 15–30, so the proposal didn’t reach an overarching vote. Three senators left the Capitol, so the motion required at least 24 votes.
Hansen, former chair of the HHS Committee, stated that there is no “boogeyman”.
Brian Hardin, a Gering State Senator (R), who is the current Chair of the HHS Committee called it a cheap trick that might lead to LB 376 being vetoed. Gov. Jim Pillen, a Republican from Massachusetts, has stated that LB 677 is not needed.
Hardin remarked, “This is a fascinating game of chess in which they try to throw out the HHS committee bill with an undesirable amendment.”
State Sens. Bob Hallstrom, R. of Syracuse, and Mike Moser R. of Columbus disagreed with Cavanaugh’s argument that this amendment was “naturally and logically” related to the topic of LB 376, as Cavanaugh argued in accordance with legislative rules. Cavanaugh pointed out a section of the bill which discussed criminal and civil protections for some physicians or hospital employees.
Hallstrom & Moser maintain that more time is needed for senators to decide whether the proposed amendment deserves their attention.
Moser, a critic of Moser’s amendment at 8 pm said: “I find this crazy.”
It is not uncommon for legislators to make last-minute changes, especially late into the night.
Germaneness: a mixed-bag
Megan Hunt of Omaha, Nebraska’s state senator (I), said the amendment she was referring to was pertinent and that it was her opinion that was equally valuable to that of Hallstrom and Moser.
Hunt claimed that “the gag” was the idea that relevance is what the majority thinks it is. The 2023 merging of bills restricting abortion and providing health care to youth transgender was also mentioned by State Senator Wendy DeBoer of Omaha. Later, the Nebraska Supreme Court affirmed that 2023 combined bill was relevant.
DeBoer explained that she could understand Wednesday’s hesitation. Cavanaugh was asked why he had chosen a last minute approach, and why he didn’t warn Hardin or anyone else before filing the amendment. He said that LB 677 stalled on Tuesday evening and he had come up with his idea the next day.
DeBoer stated that the amendment would likely be germane if legislators followed previous practice in determining its relevance. It’s not her fault that she said “it would be a little pathetic to make this decision at the last minute.”
DeBoer voted with seven other senators for LB677, but he voted on Wednesday to confirm Arch’s ruling that Cavanaugh’s Amendment was invalid. Other state senators were conservative and progressive Danielle Conrad from Lincoln. Stan Clouse, Kearney; Myron Doren, Adams; Rick Holdcroft, Bellevue, and Jan Hughes, Seward.
‘Do the right thing’
They were Ashlei Spivey, a Democratic senator from Omaha who had missed the vote, but supported the bill, as well as State Senator Carolyn Bosn, a Republican, of Lincoln who “was present, but not voting”, while she discussed concerns with Hansen.
Bosn was a former public prosecutor, who is the chairperson of the Judiciary Committee. Pillen appointed her to the Legislature first in 2023 and she was then elected by the Nebraska Examiner in November. Bosn said that Cavanaugh convinced her that LB 376 opens up many areas of the law.
Bosn said that if Cavanaugh’s amendment had been put to a vote she would have supported it. Bosn claimed that the legislation is in charge if doctors do not want to move. Bosn and Cavanaugh said the Legislature must also address the issue in the near future, because regulations cannot protect physicians.
Cavanaugh said in his closing plea to Senators that “the hottest spots in hell are reserved only for those who remain neutral in the face of moral crisis.”
Cavanaugh warned, “Don’t send yourself to Hell’s hottest spots.” “Do what is right for these families.”
Cavanaugh and Hansen stated that the fight against medical marijuana will continue in any way possible.
Hansen said that the phrase “watchfulness of citizens is salvation for the state” on the State Capitol’s north side was important as the regulations were being developed.
Nebraska Examiner published this article first.
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