Nebraska Lawmakers are considering adjusting voter-approved medical cannabis laws amid implementation challenges

Nebraska’s lawmakers consider adjustments in order to deal with funding challenges, regulatory issues and legal hurdles.

Background on Measures Voters Approved and the Implementation Challenges

Nebraska voters approved two ballot initiatives in November 2024 with a large majority: Initiatives 438 and 437 which legalized medical cannabis, with 71% of support. Initiative 437 also established a regulatory system with 68%. This measure set deadlines of July 1, 2025 for the licensing process and October 1 for regulation. 

Nebraska’s Legislature is responsible for allocating state funding. At this time, however, no funds have been allocated to the Nebraska Medical Cannabis Commission. It is proposed that the Nebraska Liquor Control Commission be given $30,000 a year to perform the duties of the Medical Cannabis Commission. There are no specific funding lines for this commission. 

Legislative Efforts : LB677 and Regulatory Framework

Ben Hansen from Blair, a state senator in the Blair area of New York State, introduced Legislative Bill 67 (LB 677) which establishes a comprehensive framework to regulate medical cannabis. This bill is intended to establish a structure for patient registration and tracking of products, as well as licensing. It also integrates with the prescription drug monitoring system in California. 

A revised amendment of LB677 permits qualified patients and caregivers to purchase cannabis flowers or buds up to 2 ounces, but smoking is prohibited. Note that post-traumatic anxiety disorder (PTSD) does not qualify as a qualified medical condition in the current version. 

Oppositions and legal challenges

Nebraska Attorney General Mike Hilgers expressed his opposition to medical marijuana laws. He argued that it would better serve the “will” of the public to allow the laws to be implemented as they are. Senator Hansen disagrees with this position, calling it “false hopes.” 

John Kuehn, the former state senator, has also filed suits challenging the validity and legality of these ballot measures. He cited federal preemption as well as alleged irregularities in signatures. A district court has allowed laws to go forward, but legal challenges still continue. 

Advocacy in public forums and on social media

State lawmakers held forums to address public concerns in La Vista and Omaha. They also hosted a forum at Lincoln. To ensure public safety and access to medical cannabis, advocates emphasize that a safe system must be established.