Why do we need to behave as though we are the moral compass of the nation? We’re senators. “We’re not parents.
By Zach Wendling, Nebraska Examiner
Nebraska Attorney General Mike Hilgers’ (R) legislative attempt to ban the majority of hemp-based products, including THC and CBD in Nebraska was halted on Friday. This will not be resolved until at least 2026.
State Sen. Kathleen Kauth of the Millard area, sponsor of Legislative Bill 316, asked that her bill be “passed over” on Friday. Kauth did not act until 10 minutes prior to the end of a two hour debate, at which point she needed 33 votes for a successful filibuster. She would then have required 25 votes in order to send LB 316 to the governor. Jim Pillen (R).
Kauth received the support of 33 Republicans in the Legislature, which is officially nonpartisan. Ben Hansen, a Blair Republican state senator who is a member of the nonpartisan Legislature, kept his word that he would oppose LB 316 if not amended to protect medical marijuana products.
Medical Cannabis
Hansen said that Kauth would have addressed Hansen’s concerns if he had tried. The time was up, but the State Senator John Cavanaugh from Omaha and others successfully prevented LB 316 being amended.
Hilgers argued THC products containing delta-8 were already illegal. Cavanaugh replied Friday, that if it’s the case, no bill was needed.
Hansen claimed that Hilgers’ current “environment,” in which he has opposed the use of medical marijuana and is launching a campaign statewide against delta-8 could be “hostile.” Hansen stated that LB 316 contains language which could have a “greatly negative impact” on medical cannabis.
Hansen stated, “That is something I can’t have.” I think that the people have passed [medical cannabis] They voted with a particular reason and they should get the result they wanted.”
Hilgers helped lead opposition to Hansen’s proposal for clearer medical cannabis regulations and guardrails with 53 sheriffs. On May 20, his LB 677 was 10 votes short of advancing.
Part of Friday’s last-ditch effort featured pressure on State Sen. Jane Raybould of Lincoln, who said she was concerned about “bad actors” in the THC arena but didn’t want to take away the health products some Nebraskans rely on.
Raybould agreed with Hansen, saying that legislators should let a medical cannabis regulatory committee issue directives on these products.
Kauth repeatedly said during the debate her bill has nothing to do medical cannabis, and more than 12 amendments by Cavanaugh make it “impossible to” seek the necessary changes to move her bill forward.
Kauth stated that no one was going to search the medicine cabinets of anyone. This is just more left-wing hyperbole.
Health and Safety
Jared Storm, a state senator from David City who gave Kauth’s LB 316 top priority for the current session, encouraged Nebraskans to avoid buying these “garbage products”. The state senator reiterated that he wouldn’t compromise “the safety or health of the citizens in this state, particularly children and young adults” for revenue.
LB 316 prohibits raw hemp with a concentration of tetrahydrocannabinol above 0.3 per cent. For processed hemp, the limit is 0.3 per cent THC based on total weight and 10 milligrams for each package. The mature stalks, fibers, oils, cakes, and other products derived from Cannabis sativa would not be considered as hemp. This leaves a very narrow legal pathway for hemp-based textiles, fibers, and fiber-based fibers.
The “consumer safety harbor” period would have been extended until 2025 if the bill had passed. This was to allow consumers to get rid of “illegal hemp”, as it is now defined in LB 316. The wholesale price of legal products was to be increased by 10 percent.
If the excise tax revenues raised had been used to reduce property taxes, they would have done so.
Kauth, along with Tom Brandt from Plymouth State Senate, worked to protect the medical cannabis laws approved by voters. They also offered a “affirmative defence” in court if a person could show they had previously purchased legally what was now “illegal hemp”, under LB 316. It could also be a copy of a purchase receipt.
‘Good’ and ‘bad’ actors
Dan McKeon, state senator from Amherst and a Republican representing a Pleasanton hemp company, which has given tours of their facilities to several California state senators, believes that there are some good actors with whom lawmakers can work.
Dan Lonowski from Hastings is a close McKeon’s ally. He said that “good actors” are not to be found.
Kauth referred to a letter by Hilgers, in which he stated that if LB 316 was passed, the office of Hilgers would announce a pause for new civil enforcement measures against “businesses working with integrity” at least 120-days, or until 2025. Kauth refused to give a copy of this letter, because LB 316 failed.
Kauth and Storm now say that they hope Hilgers increases his legal actions against THC retailers.
Many hemp businesses claimed that the expansive language of LB 316 will shut them down, while supporters insisted the bill won’t affect them. Kauth stated Friday that businesses who are fighting against the bill are “essentially admitting that they sell dangerous, non-tested, unregulated synthetic marijuana products”.
Kauth stated that “they are putting the health and wellbeing of their pockets above the well-being and health of Nebraskans”. “I am extremely disappointed at where we’ve come.”
‘We’re not people’s parents’
Cavanaugh said that regulations, not an outright ban, were the way to go. He claimed that LB 316 was going in the opposite direction of economic growth for “good actors” who were starting up businesses.
The Judiciary Committee did not approve his LB 16 this year. And lawmakers have repeatedly rejected all of his attempts.
Cavanaugh reiterated Friday that he was “ready, ready and able” to develop a regulation scheme which would actually be done the right way.
Terrell McKinney from North Omaha who is also an advocate for regulation said Kauth’s bill would do more harm that good, and the state should allow people to be adults.
Why do we need to behave as though we are the moral compass of the nation? We’re senators. McKinney stated, “We are not the parents of people.”
Margo Juarez, a state senator from Omaha, said that she purchased CBD hemp oil for her mother who is almost 101 years old. However she did not have the receipt.
Cavanaugh stated that the defense provisions proposed only applied to individuals. Therefore, businesses had been required to dispose of or sell their products before September when, should the bill be passed, it would take effect. Cavanaugh warned that businesses would face “countless felonies” if they did not comply.
What is banned in the United States?
Senators have been unable to agree on what will be prohibited by LB 316. Supporters argue that it only applies to “synthetic”, chemically-modified hemp, or THC. Opponents claim the bill covers CBD, creams and ointments, as well as most other products.
Part of that is because LB 316 would count the THC level based on all concentrations—delta-8, delta-9, delta-10, etc.—and not just 0.3 percent delta-9 THCc. Cavanaugh of Omaha and Wendy DeBoer, a State Senator from Nebraska have stated that the bill could make possessing a chewy a crime.
However, supporters of LB 316 claim that the ban would only apply to “synthetics” that are chemically altered.
Nebraska legislators in 2011 banned “synthetic marijuana” such as K-2 and spice. Hemp or hemp-derived products are usually modified chemically, for example by heat.
‘We could have stopped it’
Tanya Storer from Whitman State Senate said while as a Conservative, she does not believe government should get in the business of entrepreneurship or to interfere with it, but government has a responsibility to protect its citizens against “things that they can’t do themselves.”
The average person does not know how to develop a product. Storer said the FDA is there for this purpose.
Cavanaugh, McKinney, Raybould and State Sen. George Dungan of Lincoln repeatedly said that was part of the reason why regulations, not a ban, would be better, treating the products similarly to alcohol, tobacco or other drugs.
Kauth said senators should be ashamed of their failure to take action, because the next person who dies from the use of these products will realize: “We had the opportunity to stop it.”
It is unclear which amendments may be made to LB 316. The Speaker of La Vista, John Arch, would have the final say on rescheduling.
Nebraska Examiner was the first to publish this story.
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