It is my belief that this step will destroy access for patients to medical marijuana.
By Zach Wendling, Nebraska Examiner
The state commission in Nebraska that regulates medical cannabis is yet to specify the requirements for licensing such operations this fall. Next week, the deadline for defining the application criteria will be announced.
Nebraska law gives the Nebraska Medical Cannabis Commission until July 1, 2015 to develop licensing criteria. The Nebraska Medical Cannabis Commission has until July 1 to write licensing criteria under state law.
According to two laws approved by voters in November, the licensing process must start on October 1.
There is still no indication as to what the criteria will be for the board’s next meeting.
On the agenda, a “memorandum of agreements” will be drafted to aid in future rulemaking involving Gov. Jim Pillen’s (R), Policy Research Office. This is the political lobbying arm for the chief executive of Nebraska.
There are no draft regulations or rules, including criteria for licensing, yet.
Crista E. Eggers, Executive Director of Nebraskans for Medical Marijuana (which has led the medical cannabis ballot measure since 2020), said there’s been an absence of transparency. Many advocates are “extremely” frustrated because she can no longer reach or ask questions of the Commission.
Eggers stated Tuesday, “I did not know that we could become more frustrated. It seems as if a new layer is being added each day.”
A legal ‘memorandum of agreement’
The final regulations cannot be approved in this week due to state law which requires that 30 days notice is given before any public hearings on guidelines are held. The commission will approve the guidelines if there aren’t any major changes. If not, then the Governor and Attorney General Mike Hilgers(R) have the final say.
According to a draft “memorandum” of agreement obtained by The Nebraska Examiner, the commission may contract with DHHS “legal services” such as conducting research and administering commission duties. The commission could recommend legislation, policies or advise on the legal impact of those drafts. It can also participate in rulemaking and provide advice.
If the agreement is adopted on Thursday, DHHS Chief Executive Steve Corsi would sign the document, as well as Kenny Zoeller, Director of Policy Research, and Monica Oldenburg who chairs the Medical Cannabis Commission.
Oldenburg didn’t respond to the request for a comment before the meeting.
Attorney General’s Office already committed to sue Medical Cannabis Commission, if it ever begins licensing medical cannabis. Suzanne Gage, spokesperson for the Office of the Attorney General’s office said on Tuesday that they will be providing legal advice and support to Medical Cannabis Commission just as they do to other agencies or commissions.
Former state senators have already filed a lawsuit against the Nebraska commissioners. They claim that their laws violate the federal law, which classifies marijuana under Schedule I drugs with a high abuse potential and no accepted medical usage.
This lawsuit names Pillen and Corsi as well as Eggers as other ballot sponsors. The case is being considered by a Lancaster County District Court Judge.
DHHS: ‘Cannabis is not a medication’
Eggers’s group led a ballot initiative that would extend through November 2024 to circumvent DHHS officials who have “adamantly opposed” legalization in the past. Some of these efforts include March 2018, when DHHS once again opposed legislation that was led by Republican state senator Ben Hansen, from Blair. It had been supported by Eggers as well as other longtime supporters.
During a March hearing, Dr. Roger Donovick of DHHS’ executive medical office said that: “DHHS believes cannabis is not a drug and opposes its legalization.”
According to the ballot initiatives, any healthcare practitioner may recommend that patients and caregivers possess medical cannabis up to 5 ounces. Nebraska does not allow the sale of cannabis, so some supporters have asked health care professionals in other states to give them permission.
Eggers claimed that the legal memorandum will give DHHS “almost total authority” in deciding the rules, something which was never the intention of the campaign and nothing which voters ever considered.
The Nebraska Medical Cannabis Commission was created, consisting of five members, three of whom were appointed by Governors of Nebraska Liquor Control Commission.
Eggers stated that the Liquor Control Commission is able to provide guidance and safeguards because of its good record.
Eggers stated that DHHS was a part of a plan to destroy the patient’s access to cannabis for medical purposes.
‘Another gut punch’
The DHHS confirmed on Tuesday that it has not issued any guidelines related to medical marijuana nor received any complaints from physicians regarding the new laws, since mid-December.
Jeff Powell said, DHHS’ director of communication. “DHHS adheres to the Nebraska Cannabis Commission regulations and will follow their licensing process.”
Eggers, meanwhile, said that DHHS had viewed marijuana as a “farce.” Hilgers, and Pillen were to blame for confusion and lack transparency. Hilgers opposed the last legislative bill on which supporters rallied. The bill fell just 10 votes short of the required number last month.
Eggers stated, “What a gut-punch to people in this state.” The ultimate gut-punch is for the people who are still waiting in their homes, hoping that we will be one step closer on Thursday, yet what we can see is that it is a long way off.
Some legislators who backed Hilgers’ hands-off recommendation, along with former Governor Pete Ricketts and U.S. Senator Pete Ricketts(R-NE), did so in part because they wanted to first see what would happen at the Medical Cannabis Commission.
The second attempt, to shield doctors from potential civil, criminal and professional liability when recommending medical cannabis failed also last month.
Public comment desired
Eggers says she knows that patients, advocates, and their families may be tired, and feel like they aren’t heard. But she still wants Nebraskans, including neighbors, children, and loved ones to show up and get loud.
Nebraskans are entitled to take part in the decision-making process, according to her. The commissioners said that they also want to hear the opinions of citizens.
Eggers added, “I believe lawmakers and state officials will lose eventually if they do all that is in their power in order to obstruct this process and ignore the voices and wishes of citizens. “But at this point, they’re winning, and Nebraskans should be absolutely disgusted…with how this is being handled.”
Medical Cannabis Commission to meet Thursday at 10 am in first floor hearing room, Nebraska State Office Building, Lincoln 301 Centennial Mall South.
The commission’s first meeting on June 9, approved a public participation period of one hour, three minutes for each speaker. However, if a majority changes the rules of engagement with the public. Written comments may be sent to [email protected].
Nebraska Examiner published this article first.
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Philip Steffan is the photographer.