A Nebraska legislative committee took up four medical marijuana bills on Monday—including three different plans to implement the state’s voter-approved cannabis law adopted last November as well as a proposal that would forbid all forms of cannabis except for pills and tinctures.
The unicameral legislature’s General Affairs Committee discussed the four measures and took public testimony at a roughly six-hour hearing, but did not take any formal action on the legislation.
Nebraska voters approved a pair of medical marijuana legalization ballot measures last November—finally realizing the goal of advocates who have pushed to enact the reform multiple times in recent years. The first initiative allowed qualified patients to use cannabis, while the second said that the state will create the Nebraska Medical Cannabis Commission, which would regulate and register those who possess, manufacture and distribute cannabis.
The Public Affairs Committee members heard the two similar bills, LB 677 and LB 651, introduced by Senator Ben Hansen. Both bills allow for the purchase and possession of up to five ounces (or less) cannabis by patients. A registry would be set up and a license system issued to the commercial industry.
The third bill of implementation, LB705, by Sen. Terrell McNeely, includes provisions for social equity licensing and for the expungement or resentencement of criminal records for those with cannabis-related convictions.
Conrad Hansen have both stressed that the medical marijuana was well-supported by voters last November. Both believe that their proposed legislation will allow caregivers and patients to access this substance in a responsible manner.
Conrad stated that “about 70 percent of Nebraskan voters supported these measures.” This is a strong consensus, especially in these politically divisive and fractious times.
Hansen concluded by saying, “The message was clear”. Nebraskans demand legal access for medical cannabis. It is now our duty to make sure that the access is secure, responsible and well-regulated.
Attorney General Mike Hilgers (R) is challenging the law and claiming that it should never have been on the ballot. The matter is currently before the State Supreme Court. A challenge by Attorney General Mike Hilgers (R) alleges the measures should never have appeared on the state ballot—a matter currently before the state Supreme Court—while another case is pending in Lancaster County District Court.
Zachary Pohlman (Acting Deputy Attorney General for Hilgers) warned during the hearings that the success of the lawsuit would nullify any action taken by the legislator to implement these new laws. But, he said further that the attorney general will file a suit to prevent any state licensing medical marijuana business.
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In response to a senator who asked whether that was a legal threat, Pohlman replied:Â “We are not threatening anybody.”
Hilgers and U.S. Senator Pete Ricketts wrote an article in the Omaha World-Herald, urging lawmakers to not pass marijuana implementation laws. The politicians pointed out that, because the measures approved by voters are statutes rather than constitutional amendments they do not require any action from the legislator to become law. And second, the reform faces legal uncertainty in the pending—and threatened—court actions.
Hilgers, Ricketts, and others wrote: “Slowing down and evaluating the scientific evidence and implications on public policy can help create a safer Nebraska.” “The Legislature needs to study the science and laws of marijuana before taking action on this issue.”
The discussion among lawmakers around LB651 and LB677 was largely centered on the pros, cons and benefits of legalizing medical marijuana. Members of the Committee also asked basic questions about how much cannabis patients really need, if vaping and smoking are acceptable ways to take medicine and if federal law will prevent state actions.
Detail of each bill is still being ironed out. Conrad said that Hansen and her proposals overlap a lot, especially after Hansen introduced a 100-page addition to his proposal in the last few days.
Conrad Hansen both said that lawmakers should act despite Hilgers’ legal battles.
Conrad, speaking of the current case before the Supreme Court of California said: “I am not concerned with the actions that he brought forward.” He lost resoundingly and significantly at the district level. This litigation is merely a waste of time and money. It’s currently being appealed.
Hansen disagrees with Hilgers’ claim that legislators have no duty to “act now” despite the fact that Hilgers was right.
The senator stated that the legislature had an obligation to set up regulations, oversee testing, and establish a tax system for medical marijuana. Failure to act would show a disregard for public opinion and be irresponsible.
Hansen was criticized by some members of the committee for proposing such a broad amendment just days before the hearing on Monday. Some questioned whether or not the plan will lead to marijuana being used for recreational purposes in Nebraska.
Bob Andersen, a Republican senator from Colorado asked a few questions. He wanted to know how the proposed tax rate of 4 percent was calculated and if legalizing medical cannabis would increase crime and homelessness.
Hansen responded to a question by saying, “We are kind of going off track here.” “I’m starting to think this will be marijuana for recreational use.”
Hansen told his colleagues that he would “prefer” not to get involved in the adult use legalization issue. “I would rather focus on what we are doing.”
During public comment, Crista Eggers, the mother of a child with epilepsy and the campaign manager for Nebraskans for Medical Marijuana, called it “downright disrespectful to continue bringing out the issue of, ‘Is this going to lead to recreational marijuana?'”
She told the lawmakers that they had been promoting a drug for more than a decade. “We begged and plead.” “We have begged and pleaded.”
Eggers also called Hilgers’ editorial calling for action from lawmakers “a diversion.”
The fact is [Ricketts and Hilgers’s] She told The Lincoln Journal-Star that “personal views have been turned into action as elected officials must outrage voters”. It should infuriate them.
At Monday’s meeting, lawmakers spent much less time discussing LB 705, a similar implementation plan.
McKinney, the sponsor of this proposal, responded by saying that his proposal contains social equity provisions that ensure people who come from areas most affected be able to take part in the legal cannabis industry. It also includes separate sections for expunging past convictions.
McKinney, in response to the senator who didn’t seem to get the point of the provision on social equity, explained that it was “proposing to establish a scheme where people who are negatively impacted can access assistance.” [prohibition] You can only take the chance once [the regulatory system] It is completely implemented.”
Although record-sealing laws and equity measures are part of many cannabis legalization proposals in other states’ legislatures, supporters have claimed that it is unlikely they will gain support from Nebraska’s unicameral Legislature.
A fourth bill heard on Monday—LB 483, from Sen. Jared Storm (R)—would set limits on legal medical marijuana products in the state but would not attempt to further license or regulate a commercial industry.
This bill will prohibit vaping, smoking edibles, and many other forms of cannabis products. Only pills and tinctures are allowed. The maximum THC content of products will be 300 milligrams.
LB483 requires that certifying physician be a Nebraska resident and licensed in Nebraska.
Storm, a Nebraskan who also serves on the General Affairs Committee has repeatedly said that legalizing recreational marijuana would be a step towards medical marijuana.
He said, “This is all about the revenue that people selling drugs make.” “They are trying to grow this industry as fast as they can.”
Storm added, “I think that we should take our time.” I think we need to slow down and make sure we are doing it correctly.
Storm, who has a problem with medical marijuana patients vaping or smoking, said in answer to Sen. John Cavanaugh’s (D) question that he is open to other products such as topicals, suppositories, or nebulizers.
Kyle Jaeger is a contributor to this article.
The scope of the lawsuit filed by a former Nebraska senator claiming that federal law on medical marijuana is unconstitutional has been expanded
Side Pocket Images. Photo by Chris Wallis.