The option of giving up never existed. “Being silenced was never an option.”
By Zach Wendling, Nebraska Examiner
After a legislative committee Thursday failed to move a bill meant to implement and regulate the medical use of cannabis in Nebraska the sponsor, and the advocates are now looking for an alternative path.
The General Affairs Committee stalled, voting 5–3 against advancing Legislative Bill 677, from state Sen. Ben Hansen (R) of Blair. After no member of the General Affairs Committee entertained a motion regarding whether or not to amend the legislation during ongoing negotiations about how to best implement the massive voter approval for medical cannabis last November, senators attempted to move the bill forward as is.
Hansen described Hansen’s legislation after the vote as “a MUST” for 2025 in order prevent the “Wild West.” The reason is that without legislation, the medical marijuana regulatory commission the voters established with the ballot initiative would have no power or funding to effectively regulate the drug.
Hansen says that there is “still some room” for the two sides to work together even though “the clock is ticking.”
Hansen, Hansen’s spokesperson, told reporters: “I’m not going to close all of the doors, but they are closing quickly. We have to take action.”
Nebraskans for Medical Marijuana’s spokesperson also stated that the battle is not over.
Commission de réglementation
Hansen will have a difficult time getting LB677 passed unless the committee changes its mind. However, the rules of the legislature do allow him to take this route. He can file a motion—requiring at least 25 votes—to pull the bill out of committee. This would mean that Speaker John Arch of La Vista (R), who is opposed to medical marijuana, must schedule the bill.
The bill must then pass three rounds and have at least 33 senators vote in favor, regardless of whether there is a filibuster. This is because the legislation amends language approved by voters.
The ballot measures self-enact. Nebraskans can legally acquire medical cannabis up to five ounces with the written recommendation of a health care provider since mid-December. Jim Pillen, a Republican who is the governor of Nebraska, announced the results and signed the law incorporating the language approved by voters.
Hansen’s Bill, which is supported by organizers of 2024 Medical Cannabis campaign, will expand structure of regulating marijuana through the Nebraska Medical Cannabis Commission.
Officials claim that the Commission will be unable to meet its July 1 deadline if it does not receive state funding. Hansen’s Bill would delay the licensing and regulation deadlines to give more time for action.
The committee’s proposed amendment
According to the Nebraska Examiner, the amendment that the members of the General Affairs Committee have negotiated with Hansen will regulate cannabis via the prescription drug monitoring systems in the state’s system as well as seed-to sale tracking systems.
Cannabis edibles would be acceptable, as well as concentrates, creams or patches that can be applied to the skin, nebulizers or cartridges for vaporizers. The sale of marijuana flower and bud would not be legal.
Bob Andersen, state senator (R), of Sarpy County in north-central Pennsylvania said that he was against vaping because it would lead to an increase in youth drug usage.
The only “health care practitioners” who qualify are licensed doctors, osteopathic physician, physician assistants and nurse practitioners. Practitioners can’t recommend cannabis until they’ve treated someone for at least 6 months or the primary practice of the doctor is in Nebraska.
In addition, the committee’s amendment would also have restricted “qualifying conditions” to only 15 illnesses:
- Amyotrophic Lateral Sclerosis
- Autism, with self-injurious and aggressive behaviors.
- 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 a disease that causes residual neurological deficits.
- The terminal disease with an estimated life expectancy below one year.
- Tourette’s syndrome.
- An illness or treatment that is serious and causes nausea or cacopia.
- Spasticity of the muscles that is severe and persists due to multiple sclerosis or spinal cord injuries.
- A health practitioner’s opinion that chronic or severe pain, lasting more than six months, is still not being adequately treated despite the use of conventional drugs other than opioids, as well as physical interventions.
This amendment would also explicitly permit the Medical Cannabis Commission to work with the Nebraska Liquor Control Commission. Both commissions are made up of three members.
Governors can appoint an additional two members to the Medical Cannabis Commission. At least one member must be a healthcare practitioner. As the governor has already appointed the three Liquor Control Commission members, the total number of commissioners is now five.
Stan Clouse of Kearney (R), a state senator, wants to give the governor more flexibility to add up to 2 additional members. These could be law enforcement officers or representatives from supply chains.
Litigation is ongoing
John Cavanaugh of Omaha is the vice chair for this committee. He said that it was important to him that any physician appointed had experience in human medicine and not, say, be a veterinarian. Pillen, who is also a vet, is one of those main opponents against the medical cannabis laws.
Kuehn filed two lawsuits to invalidate the provisions. The Attorney General’s Office of Nebraska joined the first one, and both the Attorney General’s Office as well Kuehn were unsuccessful. Kuehn appeals to the Nebraska Supreme Court. Lancaster County District Court is currently hearing the second case.
Cavanaugh stated that he is generally against the creation of a list of ailments, but that those conditions identified were “relatively rational,” although he would like to see post-traumatic disorder (PTSD), included.
Holdcroft stated that the list had been created using input from the Nebraska Medical Association. This included work done by Anna Wishart, a former state senator (D), of Lincoln who was a champion of medical cannabis, and participated in the last three ballot measures. Holdcroft claimed that the group was against marijuana use for PTSD.
Cavanaugh is a lawyer who said that Attorney General Mike Hilgers’ (R) office gives advice to Senators on the litigation in progress.
Cavanaugh said to reporters that “in this case the Attorney General is not representing interests of the Legislature.” Cavanaugh told reporters that the attorney general was representing his own interests.
‘Do it the right way’
During Thursday’s committee meeting, State Senator Jared Storm of David City repeatedly said that Hilgers had to have his day in the court, before the Supreme Court. Hilgers has also agreed with U.S. senator Pete Ricketts of Nebraska, in waiting on medical cannabis legislation.
Storm brought his own bill, LB 483, to limit allowable cannabis to 300 milligrams—0.21 percent of 5 ounces—and only allow oils or tinctures as acceptable uses.
Cavanaugh, along with state senator Rick Holdcroft, (R), of Bellevue and the chairperson of the committee, both argued against Storm, saying that Hilgers had lost the case at district court. Holdcroft said that the Secretary of state Bob Evnen also had the measures placed on the ballot. Then, the voters made their decision. Holdcroft noted that the AG’s Office had threatened to sue if licensing was introduced by the Cannabis Commission.
Holdcroft said that if lawmakers passed LB 677 it could end the pending Nebraska Supreme Court appeal.
Storm told the Nebraska Examiner that waiting a few more days could “put to bed” the legal issues. As the Legislature will adjourn by June, any action could be delayed until as early as 2026.
Storm explained to his colleagues that it is not Hilgers who are suing the cannabis industry, but rather the AG on behalf of state. Holdcroft said that the voters have spoken.
Storm stated, “I am all in favor of helping others, and I will move forward if the ballot initiative is valid and accurate.” But I want it done the right way.”
‘I don’t see a way ahead’
Hansen stated that “next year’s session will not be the last,” and lawmakers can act right now.
Holdcroft who was against LB 677 being passed as it is said he too felt “little disappointment” when the effort to create a committee amendement failed. Hansen felt that the smoking issue was a “line drawn in the sand” while Holdcroft said the restriction on flowers and buds had been the tipping point.
Holdcroft stated that the sale of cannabis flower was a step towards recreational marijuana. Hansen took issue with this statement. He’s said that his bill is not related to recreational marijuana.
Holdcroft, a reporter for the Examiner said: “Right this moment I do not see a path forward.”
Holdcroft stated that he had not heard of any pull motions yet but predicted there would be some pushback by conservatives. Hansen is also a Republican. Hansen has taken libertarian positions in the Legislature.
‘It’s not over’
Crista Eggers is the executive director for Nebraskans For Medical Marijuana. She told reporters, “The campaign and its supporters have faced many roadblocks and challenges, and even had doors shut on them.”
She said that voters were aware of what they were voting for.
This isn’t the end, she told me.
Eggers told supporters that she wanted them to be aware of the fact that, despite the setback, she and Hansen both thought it could happen, they “have every intention” to continue fighting.
Eggers said, “Giving in has never been an alternative.” Eggers said that “being silenced never was an option”. It is not finished. The work is not finished.
Nebraska Examiner was the first to publish this story.
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