It is unfair to deny by law what was clearly approved by Nebraska’s voters. This medicine is needed by patients, families and their loved ones.
By Zach Wendling, Nebraska Examiner
Nebraska Medical Cannabis Commission approved an emergency regulation on Thursday to accept medical marijuana applications immediately after Gov. Jim Pillen (R) will give his final approval.
According to state law, he must do this by Tuesday.
The emergency regulations that were revealed for the first-time minutes before 10am meeting largely mirror the legislative proposal on which lawmakers failed to reach a consensus last month. In the event that Pillen approves of these regulations, they would be effective for 90 days. Two medical marijuana laws approved by voters require that applications be accepted as early as July 1.
Lorelle M. Mueting from Gretna is an addiction specialist with Heartland Family Service. She stated that she wants public feedback until the 15th of July on emergency regulations to guide future formal regulations.
Please submit your public feedback to [email protected]The Nebraska Liquor Control Commission will use this repository to store messages and forward them on to the new Medical Cannabis Commission of the state.
Mueting stated on Thursday that “the input from the public regarding these emergency regulations, will allow us to immediately start drafting regular regulations.”
Emergency regulations process
The chairperson of the Nebraska Medical Cannabis Commission, Dr. Monica Oldenburg (an anesthesiologist), will be sending a letter to Pillen to relay the emergency regulations. It states that failure to do so by the deadline would force Nebraskans “to seek out medical cannabis products or other similar products” from sources unregulated and possibly harmful.
Pillen’s office didn’t immediately reply to a comment request on the rules of emergency.
Licensing of new establishments must begin by October 1, according to the laws. Emergency regulations will allow for licenses to be issued at least for cultivators and product manufacturers as well as dispensaries and transportation.
In order to justify an emergency under the state laws, “imminent harm” can be a threat to health or safety of public.
Mueting, Oldenburg and others will lead a committee to develop the rules in the interim.
Commissioners also voted 4–0 to enter a legal partnership with the Nebraska Department of Health and Human Services (DHHS) and Pillen’s Policy Research Office, which allows the commission to contract with DHHS for “legal services.”
Restriction on dispensaries
Legislative Bill 677, which fell 10 votes short of the 33 votes needed to change a voter-approved law last month, 23–22, would have provided additional guardrails around the ballot measures that voters overwhelmingly approved in November. This bill would have allowed up to 30 dispensaries, with a maximum of 10 per congressional district.
In accordance with the emergency regulations only one dispensary will be permitted in each district court of the State. Douglas County, Nebraska (Omaha), and Lancaster County, Lincoln (Lincoln), are the two counties which occupy only one district. Multiple medical marijuana advocates have asked the commission reconsider this restriction.
Within 1,000 feet, no dispensary can be built near a hospital, school, church, or daycare. The applicant must have at least 51 percent ownership of the business or organization in Nebraska, and they should be U.S. citizens for the past four-year period. The applicant would also need to pay for two sets of legible fingerprints that will be submitted to both the FBI and Nebraska State Patrol to conduct a criminal history check.
Allowable and qualifying products
The emergency regulations, unlike LB 677 do not list qualifying conditions. LB677 would’ve listed 15 qualifying medical conditions. This list did not include post-traumatic disorder.
Nebraskans legalized marijuana up to five ounces on the recommendation of health practitioners in November.
In order to comply with the emergency regulations, a provider must specify (from anywhere in the country) the type of product recommended, its recommended potency or dosage, number of doses and directions, and name of patient.
Dispensaries would be allowed to:
- Tablets, capsules and tinctures are all oral medications.
- Lozenges or cubes in the shape of a rectangular cuboid or a rectangular cuboid.
- Gels, creams and oils are all topical preparations.
- Suppositories.
- Transdermal patches are available.
- Fluids or oils to be administered using an inhaler or a Nebulizer.
Cannabis-infused edibles, products with artificial flavors or colors, and products administered via smoking, combustion, vaping or other methods are prohibited.
LB 677, which was passed in 2013, would have required all products to be tested prior to sale. It is one of strictest test regimes that exists across the United States. The commission does not have the authority to control testing in the Medical Cannabis laws without legislative changes. The emergency regulations state that products can be “submitted” for research or testing for purposes of development.
It would be necessary for the packaging to have a way to prove that it has been altered, to prevent children from opening, to be resealable as well as to protect against contamination.
Cannabis products are subject to the same restrictions as vaping products in 2024. They cannot depict fictional cartoon characters, or characters that mimic or imitate characters designed to entertain minors.
Shari Lawlor, of Valley, told the commission her daughter Brooke has suffered severe seizures over the last 31 years, but that “nothing modern medicine can help her,” even if she undergoes brain surgery by 2024.
Shari Lawlor says her daughter takes 11 different medications in “handfuls”.
She’s going to die. Lawlor replied, “If it’s one organ or another it could be the other.” I would like to give patients the choice of having complete access, but that can only be done by allowing all products onto the market.
Pharmacist concerns
Jim Wilson, clinical pharmacist and member of the Nebraska Pharmacists Association said that he had seen both positives as well as negatives in cannabis. He requested that pharmacists be consulted about possible interactions between cannabis and other drugs.
Wilson argued for the addition of medical cannabis to the prescription drug monitor program that is used in other states for medications. LB677 would also have added this.
Wilson said to the commission, “We’re not interested in any politics whatsoever or in any specific party.” “We are interested in patients and their possible outcomes.”
John Cavanaugh of Omaha (D), who was a proponent of LB677 at the recent legislative session and helped to advocate its passage, says that the commission does not possess the legal authority necessary to limit what forms of marijuana are available to patients.
In a written statement, he stated that “to disallow the use of a medicine by regulation when it is allowed under statute would be to slap the faces of the people and families in Nebraska who desperately need the medication and voters in Nebraska who approved the drug by a large majority.”
Ben Hansen, state senator (R) from Blair who presented LB 677 had no immediate response.
‘A long ways to go’
Crista Eggers is the executive director for Nebraskans for Medical Marijuana. This campaign was responsible for bringing the law through to the election of 2024. She said that the ballot measures legalized all forms of medical cannabis, including the flower. The campaign’s executive director, Crista Eggers, said that the ballot measures clearly legalized medical cannabis in all forms including flower.
Eggers, in a press conference after the meeting with reporters, said that while the Thursday meeting had many shortcomings, it was productive. Eggers said the Commission has expressed its intention to seek public feedback and listen to it.
Eggers declared, “Today’s was a good day. I feel that we have made progress.” We’re still not there. We have a way to go. A good foundation for today.”
Bailey, the chair of the Liquor Control Commission told Eggers he, along with other commissioners, had seen the rules about 12 hours prior to the meeting on Thursday. They hope to clarify and tighten up these regulations in the coming month.
Bailey explained: “We want to hear from the public so we can fix these problems.” What we currently have is the best.
In the eventual formal regulations that are presented by the Commission this summer, there must be at least 30 day notice before any public hearing.
It was decided that the next commission meeting would be held at 1 pm on August 4th, with an unknown location. The public hearing for the longer-lasting regulations is likely to be held in September if there aren’t any meetings scheduled before that date.
Open Meetings Act
Gov. Jim Pillen’s (R) nomination of Lorelle Mueting and Dr. Monica Oldenburg as at-large commissioners of the Nebraska Medical Cannabis Commission. The two join three other members appointed by the governor to the Liquor Control Commission, including Bruce Bailey from Lincoln, J. Michael Coffey (retired District Court Judge) of Omaha and Kim Lowey from Kearney.
Mueting, who Pillen named last week, and Coffey met for the first time. Pillen chose not to reappoint Harry Hoch, Jr., the Commissioner who had requested a reappointment on February 2nd, for Coffey. Three others applied to fill the Coffey seat.
Hoch withdrew a re-appointment request on May 20 after the Governor’s Office requested more “cannabis expertise”, he said to the Nebraska Examiner.
The Medical Cannabis Commission has yet to have a website. State law mandates that commissions publish their rules and regulations.
A website created by a state vendor costs $70,000, but the commissioners are unable to collect taxes or fees on medical cannabis, so they have no available funds unless, of course, they borrow money from the Liquor Control Commission.
Also, the medical cannabis commissions don’t use a state email or have an address or number that is specific to their state.
When asked by the commissioners what they could do to fix this situation or whether it would be a violation of state law if there was no website, Assistant Attorney-General Benjamin Swanson replied: “I get that. I understand your position.” I unfortunately can’t—I don’t have any information for you on how to fix that problem.”
Several times on Thursday the Commission entered into closed sessions to discuss various issues, including pending or potential lawsuits against it.
They did not say whether the closed session would be “clearly required” to “protect the public interest”, or prevent “unnecessary injury to an individual” if the individual concerned had never requested a “public meeting” as per the Open Meetings Act.
Bo Botelho who works for the Medical Cannabis Commission and is chief legal advisor at the Nebraska Department of Health and Human Services said no when asked about the reasons by the Nebraska Examiner.
Nebraska Examiner published this article first.
He is not concerned about potential Senate opposition.
Side Pocket Images. Image courtesy Chris Wallis.