I think that the best approach is to keep things small and restricted, with floor amendments for those who want it expanded.
By Zach Wendling, Nebraska Examiner
After a Nebraska committee chair asked his members to decide which medical conditions qualify in Nebraska for medical cannabis access and what forms would be permitted, the path for the medical cannabis bill appears less certain.
Rick Holdcroft of Bellevue (R), chair of the General Affairs Committee in the Legislature, described this to his fellow members on Wednesday. The state senator gave his fellow committee members a list of the ‘debilitating health conditions’ approved in Iowa as well as the 42 other conditions that have been approved in the 38 states with laws on medical cannabis.
Holdcroft told Nebraska Examiner that the list was “everything except the kitchen sink”, explaining that “the people were silent” when they adopted medical marijuana in November.
Holdcroft stated that “we make everything legal, at which point it is essentially recreational cannabis,” a position the supporters of the ballot initiative argue to be wrong.
Ben Hansen’s (R) Legislative Bill, 677 from Blair State Senator Ben Hansen was a conservative effort to create a medical cannabis regulatory framework in California. It faced stumbling blocks to make it out of the committee. Hansen is a Republican who has a Libertarian leaning. He said that he hopes to pass his bill as cleanly and as popularly as possible.
The 2024 ballot initiative was a major issue for some advocates. They say that if Holdcroft’s limited approach were adopted, their support could be at risk. Hansen and They continue their search for a way forward which is closer to the voters’ intentions.
“It’s almost like whatever we kick out of committee is going to be ‘the’ bill that I would like to see, that the industry would like to see, that the people who voted for it would like to see,” Hansen said. Hansen said that “the Legislature, or at least 33 members of the Legislature” can accept it.
Holdcroft said he hoped to see a modified version of LB677 passed by the week’s end. A version of LB 677 would require at least five votes.
‘The people have spoken’
Crista E. Eggers, Executive Director of Nebraskans for Medical Marijuana (and 2024 Campaign Manager for the Ballot Measure), said that Holdcroft’s task to his committee was disrespectful. These concessions should also be taken off the table.
She claimed that advocates did not work as hard to gather petition signatures or stories about pain and suffering of Nebraskans in order for a handful senators to decide which Nebraskans should receive help. Eggers was a strong advocate for Colton Eggers’ youngest son and she said it would be wrong to say that one child’s death is worth more than another’s.
Eggers reacted by saying, “It’s a shame that they tried to do this.”
Eggers expressed her gratitude to Hansen for his efforts in listening to supporters, respecting the ballot language, and helping advocate. However, she said that it is time other lawmakers voiced opinions on “right” and what they think.
Eggers explained that the lawmakers did have their opportunity, but “they repeatedly shut us out” and would do so until only the ballot option was left.
A measure that would legalize medical cannabis up to 5 ounces with the recommendation of a physician passed with more than 71% of votes, and majority support across all 49 legislative district. The second measure to establish a regulatory system through the new Nebraska Medical Cannabis Commission passed with 67 per cent. This measure was supported by 46 out of 48 legislative districts.
Eggers stated, that although the campaign felt that a companion piece of legislation to clarify state regulations could help to enact people’s will, certain lawmakers went too far.
Eggers added, “Now that the public has spoken, we are no longer in the position to allow our initiative’s content be changed into something different than what they approved.”
‘Keep it small, keep it restricted’
Holdcroft stated that his committee would review the list and determine six qualifying conditions for medical marijuana. However, he did not have any objections to Iowa’s list.
- If the cancer is accompanied by severe pain or nausea, severe vomiting or cachexia, then it’s cancer.
- Seizures, including epilepsy.
- Multiple sclerosis associated with persistent or severe muscle spasms.
- AIDS, or HIV.
- Crohn’s disease.
- Lou Gehrig’s Disease, also known as Amyotrophic lateral sclerosis or ALS.
- The term “terminal illness” is used to describe any terminal disease with a life expectancy less than one (1) year. It also includes illnesses or treatments that cause severe chronic pain, nausea and vomiting, cachexia, or serious wasting.
- Parkinson’s disease.
- Chronic pain is a condition that affects the body.
- Posttraumatic Stress Disorder (PTSD)
- Severe autism, with aggressive and self-injurious behaviors.
- Ulcerative Colitis
- Corticobasal degeneration.
Iowa’s state law allows for the expansion of conditions by recommending the Iowa Medical Cannabidiol Board. This recommendation is then adopted by the Iowa Board of Medicine.
Holdcroft stated, “I believe the best approach is to keep things small and restricted. If they wish to increase it then floor amendments can be made.”
Holdcroft’s second list shows cancer, epilepsy and seizures as well as HIV/AIDS in “every” state. Multiple sclerosis appears in “nearly” all states. Chronic pain, PTSD or Chrohn’s disease and inflammatory bowel disorder are found in the “most” of states. Parkinson’s, glaucoma and ALS appear in “many”.
Holdcroft also lists other conditions, including sleep apnea and menstrual discomfort, as well as sickle-cell disease, tinnitus, or “anyother condition that a doctor would prescribe an opioid for” such things like Lewy Body Disease, Alzheimer’s or addiction recovery.
Holdcroft’s leaflets state that “conditions such as severe nausea, caucaxia/wasting syndrome, and terminal illnesses are often included.”
Holdcroft believes that three conditions must be present: chronic lifelong pain, terminal cancer or childhood epilepsy.
The campaign was led by moms and fathers for 11 years, who were battlers at the statehouse.
Holdcroft doubted the existence of one condition, and stated that it would be better to define this: Post-traumatic Stress Disorder (PTSD).
Holdcroft explained that these lists aren’t final or even preliminaries, but rather a good starting point.
‘Do as little as necessary’
John Cavanaugh of Omaha (D), committee vice chair and state senator, says lawmakers should “structure” the wishes of voters as minimally as possible, without “undermining” or “walking back” those wills. The senator noted that the voters had approved cannabis use up to 5 ounces, without any specific restrictions.
Edison McDonald of Arc of Nebraska’s executive director said that during the bill hearing, it was not necessary to restrict the conditions in order to keep the annual bills from being needed to add to the list.
Cavanaugh claimed that arbitrary decisions could exclude certain voters, including those who supported specific measures to benefit themselves or their loved ones.
It is unfair to pick random numbers of diseases as qualifying ills, he added.
Cavanaugh says he thinks about one of his constituents when considering marijuana legislation. Cavanaugh described her as someone’s Grandma living in an expensive house in Omaha’s Dundee district, and “not someone you would think to be a supporter of legal marijuana.” Her husband had stomach cancer, and she had tried many medications to treat him.
Cavanaugh’s district, in Midtown Omaha, had the most support for this regulatory measure.
Cavanaugh stated that “my approach is to do the least amount of work necessary” to ensure people can access it safely and legally.
The new Medical Cannabis Commission should be given the authority to research or create qualifying criteria.
What senators can ‘live with’
Hansen has said that he will work hard to find out what committee members can “live” with. If the changes are not what Hansen and advocates would like, they may be altered during the discussion.
As recent sessions plagued by filibusters have demonstrated, opponents may use the legislative rules to limit the number of amendments that can be made, complicating the path to securing 33 votes needed to pass the bill.
According to the Nebraska Constitution amending laws approved by voters requires the two-thirds majority of members in the 49 member Legislature.
Hansen suggested that it might be better to “eat an apple at a time” than to try to implement everything immediately.
Hansen repeated the importance of getting something passed in 2025 as the voter-approved regulatory law is set to take effect in less than three months, making it virtually impossible for the new Medical Cannabis Commission—which has taken zero steps toward regulations—to have formal guidance in place by July 1. The state licensing process is expected to start by October 1.
Attorney General’s Office threatened to file a lawsuit if cannabis commission began licensing.
Holdcroft stated that the bill under consideration would extend the deadlines for both licensing and regulatory approval by three months.
In all its forms, the law is now in effect for medical marijuana with a doctor’s written note. Despite the lack of guidance by the Nebraska Department of Health and Human Services (DHHS), many activists have informed the Nebraska Examiner they are not getting doctors to prescribe the medication, which would require it to be bought out of state.
Holdcroft proposed lowering the authorization to 5 ounces, and starting discussions at 300 milligrams (0.21% of the current limit), as Jared Storm from David City suggested via LB 483. Holdcroft says that this is likely too low but would like to start a dialogue. As outlined by Storm’s legislation, the committee chair also suggests that delivery methods begin with pills and tinctures.
Majority of committee is against the use of smoking.
Cannabis recreational
Much of the hesitation revolves around fear of legalizing recreational marijuana, which Hansen noted many on the committee “vehemently oppose”—as do Nebraska Attorney General Mike Hilgers and U.S. Sen. Pete Ricketts (R-NE), who are urging the Legislature to pass no cannabis-related laws this spring.
Hansen warned that avoidance of marijuana could result in legal problems or negative public opinion. This is one “quickest” ways to encourage voters to take a look at recreational marijuana, he added.
Hansen stated that “one of the quickest ways to have this happen in Nebraska would be not following the will of the voters, cutting it way too short, restricting the law too much or failing to pass anything at all.”
Hansen told reporters that in that case, he won’t be shocked if, by 2026, the voters will still have to decide whether or not they want recreational marijuana. The Blair senator has described the path ahead, with no law change, where the commission could continue to have no funds and no way to do its job, as the “Wild West.”
Nebraska Examiner published this article first.
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