“I support this because voters approved it and it’s safe, regulated and available.”
By Zach Wendling, Nebraska Examiner
In the final days of 2025, a bill to implement medical marijuana in Nebraska was narrowly approved by the committee.
Legislative Bill 677, from state Sen. Ben Hansen of Blair, advanced 5–3 from the General Affairs Committee. The bill would create a more clear state regulatory system for the medical marijuana system, which voters approved overwhelmingly in November. Just two weeks ago, the bill failed to advance 3–5 after no committee member tried to adopt a narrowing amendment.
The new compromise amendment passed Thursday made one significant change. Up to two ounces cannabis flower or buds could be sold by a caregiver or patient who is qualified.
Similar to Hansen’s latest version of LB677, smoking would be prohibited and post-traumatic distress (PTSD) wouldn’t be a recognized medical condition.
The most recent changes were enough to win over the conservative Senators. Rick Holdcroft of Bellevue (R), Stan Clouse of Kearney (R), who together with three Democrats, State Senators, supported the passage of this legislation. John Cavanaugh from Omaha, Dan Quick from Grand Island and Victor Rountree in Bellevue voted to advance the bill with three Democrats.
State Sens. Bob Andersen, of Sarpy County in north central Nebraska, Barry DeKay, of Niobrara, and Jared Storm, of David City are all Republicans who were part of the nonpartisan, officially Republican body. They again opposed LB677.
Hansen, Republican, stated that Thursday’s actions are “the first step for a few people to move forward but it isn’t stagnant. It’s almost like you gave it a kicking.”
‘We are extremely happy’
Crista E. Eggers, Executive Director of Nebraskans for Medical Marijuana and whose own son is a beneficiary, described the passage of LB 677 to the state legislature as an “extremely big win” both for patients, who would be able to use the drug, and for those advocates, who had fought more than a year for this measure.
This timeline contains three electoral campaigns, numerous court cases, and numerous legislation bills. The most recent of these, in 2021 was stalled due to a single vote.
Eggers said to reporters: “I believe today, we’ve seen that all the hard work and determination has been worthwhile. The obstacles and setbacks have also proven their worth.” We are very happy.”
Hansen says that the passage of LB 677 this spring will be crucial in preventing the “Wild West.” It’s not clear what would happen if state funds were cut or if the Nebraska Medical Cannabis Commission was created by voters without clearer legislation. Patients can possess medical cannabis up to five ounces with the recommendation of a doctor.
On the request of the Nebraska Liquor Control Commission’s executive director, the Appropriations committee, which writes the budget, plans to give an additional $30,000 for the commission to help cover the extra duties his staff is taking on in conjunction with the Medical Cannabis Commission.
Three of the commissioners from the Liquor Control Commission are also members of the Medical Cannabis Commission. LB677 in its amended form would expressly allow the commission to share staff resources for carrying out their respective responsibilities.
‘It has to be done the right way’
Storm and Andersen led the opposition against LB 677 at a meeting of a legislative committee. They were concerned that it was “big marijuana”, and in its current form, allowed recreational marijuana. Hansen denied this.
Andersen referred to the most recent version of LB677 as “liberal”, and asked the lawmakers what they would do if the Attorney General of Nebraska Mike Hilgers (R), who believes that no medical marijuana legislation should be passed, said the Legislature could not rectify LB677.
Holdcroft, Cavanaugh and the vice-chair of the General Affairs Committee resisted and insisted that they needed to act for the sake of voters, and Hilgers’ opinion was not more than that.
It is feared that the passage of LB677 will nullify any appeals pending before the Nebraska Supreme Court regarding whether ballot measures had been permitted to be voted. Hilgers won in Lancaster County District Court.
Hilgers presented the situation in an interview this week with Nebraska Public Media as a game-winning 60-yard field goal or 65-yard field kick when an offensive players was clearly offside, made a mistake, or committed another penalty. Hilgers, in his analogy is the referee.
Hilgers stated in an interview that “it has to be done right or it won’t count.”
Holdcroft, in March when he questioned a representative from the AG’s Office against LB 677 during the bill’s hearing public, stated that he believed Hilgers wanted to “keep this law dumb, so he could find loopholes and make it illegal.”
Holdcroft stated at that time, “The Legislature is not that type of body.”
The ‘black market’
DeKay questioned if LB677 might lead to a black market, because a medical cannabis patient would be immune from being able to own the drug regardless of where it came from. Hansen’s bill would tax medical cannabis the same as other products—5.5 cents per $1, prior to local sales taxes.
Cavanaugh said, as a lawyer: “Black markets thrive in uncertainty. And if DeKay and Storm or Andersen want to prevent that from happening, they need to support LB677.”
Cavanaugh said he supported the bill because voters voted in favor. The legislation makes marijuana safe, regulated, accessible, but he wished that PTSD was also included as a qualifying illness.
Clouse indicated that he still would have some amendments coming to the bill—the specifics of which he didn’t share. He stated that the governor should be allowed to name up to two additional outside members, in addition to those he already can appoint. In addition, the governor has appointed three of the commissioners for the Liquor Control Commission.
Clouse suggested that outside appointees could include representatives from law enforcement and supply chains. LB 677 will require that one member of the board be a registered health practitioner. The members would have six-year term.
Gov. Jim Pillen, (R), appointed Dr. Monica Oldenburg and Lorelle Mueting to the Commission this week. They are both anesthesiologists. Oldenburg, in 2019, and Mueting, in March of this year, both women were against recent Nebraska medical cannabis proposals.
In this session, there will be hearings held by the General Affairs Committee on nominations.
Holdcroft declared at one time during the often contentious meeting that he would not be able to convince Andersen and Storm, so he called for a vote. Holdcroft said that the whole Legislature deserved a debate on LB 677 and a chance for passage.
Bills with other changes
As part of the revised LB 677 from what the voters decided in November, other changes include limiting a “qualified health care practitioner” (from what was decided by November) to licensed physicians or osteopathic doctors, nurse practitioners, and/or practitioners. The medical providers cannot recommend cannabis to patients unless they’ve treated them for six months, or if their primary practice is in Nebraska.
A provider can write a recommended product as long as they are licensed and adhere to the laws.
Nebraskans are allowed to obtain medical cannabis from a doctor with the existing law, in effect since December.
The Nebraska Medical Association and former State Senator Anna Wishart of Lincoln drafted a similar list for a bill that was introduced in the past.
- Amyotrophic Lateral Sclerosis
- Autism with aggressive or self-injurious behavior.
- Cancer.
- Crohn’s disease, also known as ulcerative Colitis.
- Epilepsy or epileptic seizures.
- Hepatitis C can cause nausea or cachexia that is moderately to severely severe.
- HIV (human immunodeficiency Virus) or AIDS (acquired immune deficiency Syndrome).
- Huntington’s disease.
- Parkinson’s disease.
- A spinal cord injury or disease that causes residual neurological deficits.
- The terminal disease with an expected life span of less than a year.
- Tourette’s syndrome.
- An illness or treatment that is serious and causes nausea or cacopia.
- Multiple sclerosis (MS), spinal cord injury, or muscular dystrophy can cause severe and persistent spasms of muscles.
- According to a healthcare practitioner, severe or chronic pain that lasts longer than 6 months is unmanaged despite attempts at treatment using conventional medication other than opioids and opiates, or through physical intervention.
The forms of cannabis that are allowed to be sold include concentrates (including edibles), ointments or creams for transdermal use, nebulizers or cartridges with vaporizers. The sale of products intended to be smoked, such as joints or bongs, is prohibited.
Andersen said Nebraskans were going to buy flowers and buds, and use them for making joints. Cavanaugh said this was not allowed.
What lies ahead
Eggers, Hansen, and Holdcroft noted that the road ahead would not be an easy one. Eggers described it as “a huge journey”, while Holdcroft said he expected an “uphill struggle.”
Hansen stated that it is still too soon to know if he will be able to get the 33 votes needed for the bill’s passage. According to the Nebraska Constitution, this is the minimal number of votes necessary for a law passed by voters to be amended. The supporters of this ballot measure requested companion legislation, which would strengthen the proposal.
Holdcroft said that while he was in favour of the bill, he “reserved” his vote until the conclusion of the debate.
Holdcroft Hansen Cavanaugh, who will be hosting forums in La Vista on Saturday and Omaha on Sunday, and Lincoln Monday, to hear from the public about medical cannabis, are planning public meetings. Eggers stated Thursday that the senators are listening to Nebraskans and encouraging them to engage in this debate.
Debate on the budget for the state will take up a large part of the two coming weeks. LB677 will be discussed to the maximum limit of three debate stages, which is 13 hours. This leaves a short time for LB677 to pass into law.
Bill would have to be passed by June 2 in the event that the Governor vetoes it. The governor has not yet weighed in, but Hilgers has said they both share reservations.
Hansen said Hilgers’s opposition was nothing new, but that Hilgers is his friend and he has confidence in him on many issues.
Hansen, speaking to the Nebraska Examiner, said that they disagreed on “just one issue”.
Hansen said: “I’m not sure if he is more knowledgeable about the law than I am, but I understand what the voters want. I can tell what they wanted and what was voted. “We have to somehow meld these two things.”
Nebraska Examiner published this article first.
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