We’re doing everything we can to make sure that the things you receive meet all of the laws.
By Zach Wendling, Nebraska Examiner
The Nebraska Medical Cannabis Commission is exploding with frustration as it seeks “creative solutions” due to the lack of funding from the state to start. This has made the task of paying staff, purchasing software, and creating a robust system of regulation for this drug more difficult.
At their third meeting, Monday, commissioners said that the creation of formal rules and regulations was difficult because they did not have the authority or funding to collect or set fees, or to hire additional staff.
This summer, the board approved temporary rules, such as licensing criteria. These regulations went into effect at the end of July, and will remain in force until September 28. These guidelines may be extended by 90 days if necessary.
State law states that the first cannabis-related establishments in the state (such as growers, manufacturers, dispensaries or transporters) must be approved by October 1.
Lorelle Mueting, Gretna’s commissioner said Monday that “we are struggling” and acknowledged the speed of the progress could frustrate some people. She expressed her gratitude to those who had submitted their comments by the July 15 deadline on the temporary regulation. Commissioners are still reading and working through the comments. She explained that the commissioners’ goal is to “build a new sector from scratch.”
Mueting told reporters on Monday that “we’re five members of the commission trying our best.” “We are working hard to ensure that the things we send you meet all statutes. “Thank you for being patient with us.”
Scope and Limitations of Regulation
The Nebraska Medical Cannabis Patient Protection Act (also known as the Nebraska Medical Cannabis Regulation Act) and the Nebraska Medical Cannabis Patient Protection Act were both approved by the voters of Nebraska in November. First, health practitioners can recommend to Nebraskan patients that they legally possess medical cannabis up to five ounces. The second bill created a new regulatory agency.
Mueting of Lincoln and Bruce Bailey Commissioner confirmed the temporary rules of the Nebraska Medical Cannabis Patient Protection Act do not affect or modify it.
Bailey, on Monday, said that the law passed by Nebraskans did not restrict the uses of the plant.
Temporary regulations prevent the sale of products such as medical cannabis flowers and other products which can be vaped or smoked, or edibles, or products with flavoring. Nebraskans and their caregivers who have a doctor’s prescription can still possess such products up to five ounces.
In addition, the regulations limit dispensaries to one per each of Nebraska’s twelve District Court Judiciary Districts.
‘Addendums, agendas or apathy’
Nebraskans have urged multiple Nebraskans to urge the commission reconsidering the restrictions of the temporary regulations before issuing more permanent regulation later this year.
Denise Wegener, of Omaha, told the commission that she suffers from Stiff Person Syndrome. This rare neurological autoimmune disorder is characterized by muscle spasms and stiffness. The cycles of recovery can vary from one person to another.
Wegener: “It is not one single body.
She explained that she was given a “cocktail’ of Valium treatments, which put her into “fight-or flight mode.” Cannabis inhalation could provide immediate relief.
Brad Balak, an Elkhorn veteran who claimed to have earned several Purple Hearts for his deployments, as well as other veterans said that post-traumatic disorder can occur in the middle night. Balak asked how much time someone can suffer without getting relief.
Balak, among others, said that the public had already spoken, and yet, some people trusted with implementing their will responded with addendums and agendas.
Balak said that “engaging with us all takes time and energy, but this is what you are expected to do as a public servant.” Anything less than that would be a dishonor and disservice to your positions.
Morgan Ryan, of Omaha, and Shannon Coryell of Lincoln said that banning medical marijuana flavored with flavors seemed “cruel,” considering how many flavored medicines are available.
Ryan showed five bottles of pills and five bottles as he spoke.
Crista E. Eggers, Executive Director of Nebraskans for Medical Marijuana (the 2024 campaign to legalize the use of medical cannabis), said that commissioners, instead of creating a program for medical cannabis, “built walls around it.” She said that many people think the wall is intentional, and commissioners need to do better.
Eggers stated that “you do not have the right to slow down, reinterpret or dilute this process in order to accommodate your personal or political prejudices.”
Smoking and flavoring during pregnancy
Although she was not at the meeting on Monday, Monica Oldenburg, an anesthesiologist from Lincoln, read to Mueting her research on flavors, smoking, and effects of marijuana during pregnancy.
Oldenburg writes that decisions about public health must take into account the risks and benefits for all Nebraskans. The flavorings ban, according to Oldenburg, is intended to protect children. She also wrote that similar to tobacco smoking and findings, the “harm outweighs any potential benefits.”
Oldenburg’s research hasn’t been publicly released, but the commissioners plan to make it public. They will also publish citations and findings. Mueting, like Gov. Brownback, has expressed similar concerns regarding flavorings and smoking. Jim Pillen, a Republican who nominated both women for the board of five members.
Oldenburg proposed that the commission consider guidelines for doctors who recommend marijuana, including whether or not to first ask women of childbearing years if they are pregnant. Or whether these practitioners should perform a pregnancy check before recommending marijuana.
It is “exclusively the commission’s” responsibility to oversee the manufacture, distribution and delivery of medical marijuana by licensed cannabis businesses.
Software for seed-to-sale
Mueting and Bailey expressed another frustration, namely the need for a technology to track seeds from seedlings through sale. Bailey referred to this as an “absolutely essential” requirement. Mueting stated that other states who started out without this software have changed their course.
Mueting: “I’m pretty sure that everyone in this committee is on the same page.”
Mueting has said that, in her own independent work, she studied cannabis programs from Iowa, Georgia and Hawaii, and she also spoke to the Cannabis Regulators Association. She has also spoken to Nebraska procurement officials regarding how she might request information about seed-to sale operators from other states.
Bailey stated that a seed-to sale system would cost thousands each year, and this is in addition to the initial discussions on merging some Medical Cannabis Commission Software with the Liquor Control Commission, which Bailey chairs.
Mueting stated that the commission may try to get licensees to pay directly to seed-to-sale companies for their ability to use the program, rather than paying to the commission. A national regulator said no state had been able accomplish this. Mueting stated that Nebraska is willing to try something, because the options available are limited.
State law requires that the three gubernatorially-appointed members of the Liquor Control Commission serve automatically on the Medical Cannabis Commission. This includes up to two additional at-large appointment.
Next up
A lack of funds for the Medical Cannabis Commission that were appropriated in legislation spilled out into a Liquor Control Commission meeting on Tuesday. The commissioners there approved an approximately $108 payment to cover newspaper notices that the Medical Cannabis Commission required for its two meetings in June.
The Medical Cannabis Commission did not receive any funding from the state legislature this spring. The state legislature instead allocated an extra $30,000.00 to the Liquor Control Commission to compensate staff for any additional work they might have had to do due to new laws.
Bailey made it clear that he would not use funds from the Liquor Control Commission to pay any higher bills. He said Tuesday, “a great deal more research” will be done before paying for larger amounts.
Mueting, who will act as the main negotiator with colleagues at the Liquor Control Commission to create a Joint Agency Agreement to better define the sharing of funds, personnel or other resources between the two agencies. No timeline has been set for the drafting or approval of this agreement.
Bailey expressed his support for horizontal or vertical licensing. This means that people could have different licenses in different parts of the State or different kinds of licenses.
He said he hoped that the Medical Cannabis Commission would have new rules available for public scrutiny before its next meeting. Bailey added that he hoped licensing could be phased in, perhaps starting with the cultivators.
On September 2, the Medical Cannabis Commission has scheduled a meeting at 1:00 p.m.
Nebraska Examiner was the first to publish this story.