Nebraska is trying to make me as uncomfortable as they can.
By Zach Wendling, Nebraska Examiner
A room filled with Nebraskans wearing green shirts, who supported the legalization and regulation of medical cannabis proposed by Nebraska’s Medical Cannabis Commission.
On Wednesday, 32 people spoke out against the new regulations. A total of zero people spoke out in favor. The majority of people who need medical cannabis would find the proposed regulations unworkable. About half the speakers criticized the commissioners for failing to attend the hearing and listen to the concerns.
Nathan Brown, a testifier said: “It feels like Nebraska wants to make the situation as unbearable and uncomfortable as possible.”
Nebraska voters approved the legalization of medical marijuana in 2024. 67 percent also voted that a regulatory commission should be created. Nebraskans can legally own up to five ounces (or a total of ten grams) of medical marijuana, as long as a doctor’s prescription is present.
Medical cannabis is not yet available for purchase in California. Just last week, the Medical Cannabis Commission granted two of its four cultivator licenses to Nancy Laughlin-Wagner of Omaha and to Patrick Thomas of Raymond. Bo Botelho, Chief Legal Officer of Nebraska’s Department of Health and Human Services said that both licenses were accepted.
In September, the commission advanced a stricter set of regulations in comparison to emergency regulations the group approved in June. Gov. Jim Pillen (R) accepted the new regulations with one revision—to limit cultivators from growing more than 1,250 flowering plants at one time.
For the first time in state history, revised regulations will set out extensive security and testing requirements, and create a directory of physicians who can recommend medical marijuana. If the regulations are approved, they will be in force for a maximum of 90 days.
According to the rules, patients and caregivers can purchase as much medical cannabis (about 142 grams) in 30 days. They could only purchase 5 grams or less of delta-9-tetrahydrocannabinol in a period 90 days. Delta-9 THC in cannabis is most closely associated with the “high.”
Multiple testifiers stated that this limit is too restrictive. Shari Lawlor, a testifier said that a joint weighs approximately 1 gram. Therefore, limiting people who have medical needs to 5 grams THC per 90-day period is not practical.
John Cavanaugh of Omaha State Senate (D), who was present at the hearing and testified, took it a step farther, saying that the proposed limit is a violation of ballot language approved by voters in November which allows possession up to five ounces.
The majority of the speakers agreed that this proposed regulation goes against what voters wanted. Many said it shows that the person tasked to draft the regulations did not understand medical cannabis.
Crista Eggers brought along a stack of paper representing roughly 240,000 signed petitions between the two initiatives as an example of how much public support there is for medical marijuana.
“I guarantee that they all wished to be here,” said she. They shouldn’t even have to. “They did their part. “Voters spoke.”
Some respondents criticized the restrictions on forms of acceptable medical cannabis. Smoking, vaping and other forms of medical cannabis are not allowed under the proposed regulations.
Edward Williams is a veteran who belongs to the Legal Marijuana Now Party. He said that vaping or smoking cannabis was the best way for him to deal with his nightmares, which are caused by his PTSD. It is important to note that vaping and smoking cannabis are more potent than edibles.
Williams explained that “you can’t expect an edible to be effective if you wake up in the morning with flashbacks or nightmares.”
Williams wasn’t alone in her testimony. Other veterans also spoke of how they’ve benefited from medical cannabis and lost close friends who did not have the same access.
Most of those who spoke on Wednesday told emotional stories about the relief medical cannabis has brought to them and their families. Medical cannabis was described as being a cheaper and safer alternative to other forms of pain relief.
Kathy Jensen, a testifer, said that instead of putting my mother’s life in danger by putting her on morphine, she could have enjoyed a loving and meaningful last few days if she had been prescribed medical marijuana.
Tracey Davis, a Registered Nurse who was not called to testify, but was present at the hearing, stated that her first exposure to cannabis was when she learned of the cancer diagnosis for her brother-in law about twelve years ago. Her brother-in-law lived in Colorado and had easy access to medical marijuana. According to her, this was one of the reasons he continued working and bicycling until his death.
“I consider cannabis to be medicine,” Davidson explained. I’ve used it in my career to treat a variety of conditions, including pain, sleep disorders, and PTSD.
Several testifiers referred to the lack of attendance by the three medical cannabis commissioners as “shameful” or “insulting.” According to statute, the hearing was mandatory.
Some witnesses even claimed that members were “bought” off by politicians who are anti-marijuana. Georganna Schröder-Stanley, who testified at the commission’s meeting a few weeks back, observed that some of the commissioners were “indifferenced, bored and even contemptible” when listening to feedback from public.
Cavanaugh, as state senator, interviewed all the nominees to the commission. He said his “fears have come true,” from those interviews—that members are “pursuing a political agenda” that aligns with Pillen’s.
Monica Oldenburg, Chairperson of the Board did not respond immediately to an inquiry for comment.
Other witnesses said Nebraska was missing out on revenue that it desperately needed. Brown claimed that it was absurd, given how easily Nebraskans could access marijuana by crossing state boundaries.
Brown claimed that Nebraska’s residents would be forced to leave the state if it does not accept medical marijuana. Dawn Weir also said that her move back to Nebraska was a result of hearing medical marijuana had been legalized.
It is understandable that some people are hesitant to vote if they know the government can easily interfere. Cavanaugh encouraged attendees to keep voting but also urged them “to vote for people who actually respect you.”
Medical cannabis supporters have long claimed that the issue was nonpartisan. Several testifiers were Republicans registered in 2016 who regret their vote or now are rethinking their affiliation.
I don’t even know the length of time [my Republican registration] “It is not going to be long with this state moving so far the other way,” testified John Reagan.
The commission decides whether the rules will be adopted or if they need to be changed after the conclusion of the hearing. If the finalized regulations are sent to Nebraska Attorney-General Mike Hilgers’ (R) Office for review by legal counsel, they will become effective. Pillen has the final word. Hilgers’s Office did not respond immediately to a comment request.
Nebraska Examiner published this article first.
Side Pocket Images. Photo by Chris Wallis.