The patients in this state are tired and weary but will still hold their lawmakers to account for the votes they cast. “They have blood on their hands.”
By Zach Wendling, Nebraska Examiner
On Friday, lawmakers approved two governor-appointed members to the Nebraska Medical Cannabis Commission despite opposition by long-time supporters who claimed that new members would delay or stall the release of the medicine.
The Legislature, in separate votes, approved the six year commission appointments for Dr. Monica Oldenburg from Lincoln as anesthesiologist. Lorelle Mueting is the prevention director at Heartland Family Service.
Oldenburg’s confirmation vote was 34-11. Mueting’s was 27-16.
Both nominees required at least 25 votes in order to be approved. In the event that one or both nominees were not approved, Governor. Jim Pillen (R), without having to wait for a vote by the legislature, could appoint another person in the meantime, up until 2026. He can also appoint the same individual if desired.
The debate over the nominations on Friday, which lasted about 30 minutes per nominee, centered around the question of whether or not the views and opinions of the women could be separate from their professional roles. Mueting has been fighting medical marijuana legislation for years at the State Capitol. Mueting was even against this bill earlier in 2018.
Nebraskans for Medical Marijuana (NMMJ) and other advocates have long supported those legislative efforts. They succeeded, after 10 years of campaigning to regulate and legalize the medicine despite often being rebuffed by top officials, last November.
Nominated support positions and posts
Mueting and Oldenburg are now members of the newly created state regulatory agency, as a result of voter approvals for legalization and regulations. The ballot initiative states that they will be serving with three other commissioners in the Nebraska Liquor Control Commission.
Bruce Bailey, of Lincoln, is one of the commissioners. Kim Lowe represents Kearney. Pillen must fill a vacancy to represent Nebraska’s 2nd Congressional District.
The two candidates are highly qualified, according to State Sen. Rick Holdcroft from Bellevue. He is the Chair of the General Affairs Committee, which has advanced Oldenburg by a vote of 5-2, and Mueting by a vote of 5-3.
Oldenburg, he said, had a wealth of experience and a deep commitment to the safety, health and well-being for Nebraskans, which she demonstrated through 18 years in medical practice. Holdcroft noted that Mueting has a proven track record in promoting issues of public health while balancing the public’s safety with health-related goals.
Many senators have said, among them State Sen. Jared Storm from David City, that they would be a good team, and focus Nebraska on medicine rather than recreational marijuana.
Storm, on Friday said: “I don’t think there are two people better to serve as members of this board.”
Mueting said that as a specialist in prevention for the past 24 years, her aim has always been to keep people away from substance abuse problems. She also stated that she had looked at medical marijuana from a “360-degree perspective.”
Mueting’s goal is to help guide rulemaking processes around the needs and wants of those it serves. There’s no requirement in that goal to compromise public safety and health to achieve it.
Oldenburg stated last week that “she is not a prohibitionist of cannabis, but she is pro-research.” She claimed that cannabis could be useful in treating certain pains.
Oldenburg stated that Nebraska should take advantage of the chance to be deliberate and slow in our approach to determining the best way to define appropriate conditions for the use of medical cannabis, and to regulate the entities who will dispense medical cannabis within the state. I look forward to working together with different parties to make sure that Nebraska gets this right.
‘It’s about trust’
Ben Hansen, a Blair state senator and a Republican like Storm, was against Mueting, but in favor of Oldenburg. Hansen introduced Legislative Bill 67 earlier this year with support from volunteers of the 2024 campaign to clarify medical cannabis regulations.
Storm, who led the opposition to LB 677, was responsible for 10 votes of its failure. Mueting gave testimony against the bill back in March.
Hansen expressed concern about Mueting’s impartiality, and said that legislators shouldn’t nominate someone who supports prohibition as a member of the Liquor Control Commission.
The same applies to anyone who, according to him, “denies that medical marijuana is legitimate to an organization tasked to implement this regulation.”
Hansen explained that this is not just about credentials. It’s all about trust. The voters’ will is to be trusted. We must trust in the integrity and competence of the new Commission and in our ability to put in place the best people for the job.
John Cavanaugh, Omaha’s state senator and vice-chair of the General Affairs Committee of the Legislature, expressed concern about artificial obstacles. He supported LB677 in part to create a “path toward access.”
Medical Cannabis Commission has “exclusive” power to control the possession, manufacturing, distribution, delivery, and dispensing cannabis in California for medical use. According to voter-approved legislation, rules and regulations for cannabis medical dispensaries must be submitted by July 1. The licensing process is expected to start by October 1.
Supporters of LB 677 and other activists had expressed concerns that the Medical Cannabis Commission might craft regulations which prevent “access” to meaningful medical cannabis.
Nebraska Attorney-General Mike Hilgers, (R), has already pledged to sue this commission should it issue any licenses for medical cannabis. He claims it’s against federal law.
‘Slow-roll access for patients’
Hansen stated that public attention is being paid, noting the 21 online comments received by lawmakers on the remaining dozens or gubernatorial appointment that they considered during the past five-month period.
Hansen stated that if Mueting Oldenburg were combined, the lawmakers would have had 208 comments online.
Crista Eggers is the executive director for Nebraskans For Medical Marijuana. She said that the Legislature has once again “thrown a wrench” into the will of Nebraskans. She criticized senators that used ballot measures against Hansen’s LB 677, then voted for appointees “who will slow down access for patients” in the state.
Eggers stated that the focus of his mission is on patients and has always been since “day one,” regardless of what legislative opponents may say.
The people will hold accountable the representatives who have misrepresented the mission. Eggers made a public statement. Patients in the state might be tired and weary but they will still hold legislators responsible for their voting. “They have blood on their hands.”
Nebraska Examiner was the first to publish this story.
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