By approving new rules which impose barriers on cannabis and restrict it in an illegal manner, the government is destroying what people wanted at the polling booth.
By Zach Wendling, Nebraska Examiner
On Tuesday, the Nebraska Medical Cannabis Commission advanced more stringent regulations than those adopted by the Nebraska Medical Cannabis Board earlier in summer. This has some supporters feeling even more worried.
The five commissioners all voted in favor of amending the emergency regulations, which have been effective since June 29, but are set to expire at the end September. New regulations that would allow for the Commission to continue licensing medical marijuana establishments registered by the voter mandated October 1 deadline are contingent on Gov. Jim Pillen (R) must approve the new regulations. In June, he approved the first rule. It was Tuesday, which marked the Commission’s first full meeting in June.
First time ever, the revised regulations set forth extensive security, testing, and recommendation requirements. They also established a “Recommending Health Care Practitioner Directory” for physicians in each state to use when recommending medical cannabis. If the regulations are approved, they will be in force for up to ninety days.
Participants in the program will be required to complete a minimum of 10 hours in continuing education about medical cannabis. This must be completed twice yearly to remain in compliance. Doctors will need to prescribe dosages and potency. A patient or caretaker could then purchase the prescribed medical cannabis at one dispensary once every thirty days.
According to the rules, patients and caregivers can purchase up 5 ounces (142 grams) of medical marijuana in 30 days. They could only purchase 5 grams or less of delta-9-tetrahydrocannabinol in a 90 day period from the same dispensary. Delta-9 tetrahydrocannabinol (THC) is the component of cannabis associated most with “highs.”
In the revised requirements, the maximum number of medical cannabis dispensaries in the state is limited to 12 and are organized by judicial district. This would mean that there is one medical cannabis dispensary per county, based on the data from 2020. Douglas County has 584,526 people, Lancaster County 322 608 and Sarpy/Cass Counties have 217 202.
The new rules will prohibit the sale of smoking, vaping and edibles in dispensaries. Previous rules allowed for the sale non-sugarcoated cubes of gelatin. Oral tablet products with “a thin layer” of flavoring that makes the product swallowable will now be permitted.
A patient, or a caregiver, who has a prescription from a health practitioner, can possess medical cannabis in up to five ounces. Cannabis is not yet legal to purchase in Nebraska without a license.
The 2024 Ballot Measures
Crista Eggers said that Tuesday’s result should have Nebraskans feeling “outraged.” She is the executive director of Nebraskans For Medical Marijuana (Nebraskans for Medical Marijuana), the non-profit organization which led successful ballot measures in 2024 to legalize medical marijuana.
About 71 percent of voters in November approved legalization, and about 67 percent created the Medical Cannabis Commission and “exclusively” vested in it the authority to regulate the drug.
Eggers expressed frustration over the board’s choice to limit licenses for cultivators and manufacturers to just four licenses each. No limit was set by the state and emergency regulations.
Eggers said to the Nebraska Examiner, that “commissioners didn’t simply ignore” their mandated regulatory authority from voters. “They shredded it.”
Eggers stated in a press release that “by approving new rules which pile up barriers and illegally restrict cannabis forms, they dismantle what the voters demanded.” This is an attack on families, patients and democracy itself. Nebraskans have voted to ensure that they can access medicine.
Instead, the Commission delivered defiance obstruction and betrayal.
Confusing draft regulations
It was quietly announced late on Tuesday morning that a proposed new set of emergency regulations would be released. It was a surprise to many that the 46-page document, which replaced a 20-page original set of regulations, had been released so late in the morning.
The public would only know if there were any regulations ready to review if it knew that the Commission had released two draft versions: “Version A”, (46 pages), and “Version B, with highlighted sections” (47 page) which will be discussed at the hearing at 1 pm.
The Commission did not provide any explanations of the drafts prior to public comments. Advocates told Examiner, they felt “Version B”, which was “highlighted”, should be the version they review.
The biggest difference was that “Version B”, instead of 12, would allow up to 21 dispensaries, with more being allowed in areas where there are more people. The bill also seemed to allow vaping, and it created a system of vertical licensing that allows people to obtain multiple licenses.
But despite the fact that multiple witnesses spoke in favor of these changes during initial commission meetings, they were mostly ignored, and only Lincoln Commissioner Bruce Bailey expressed public support.
Weigh in the public
Eggers thanked Commissioners, Tuesday at one stage, for hearing Nebraskans’ concerns about the dispensary limits being raised, without knowing that the Board was planning to take a new direction.
According to her, limiting the number of cultivators would be “counterintuitive” as it could disrupt the entire supply chain.
Cody Jester, of Fairfield, echoed Eggers concerns and expressed an interest in cultivating. He stated that he tried to collaborate with his local officials, and the local health department as required by the original regulations. However, the Tuesday’s new regulations removed that requirement. Jester claimed that growing medical cannabis could take up to six months, but farmers are prepared.
Josh Egle, from Banner County, said that he was pleased with the decision of the licensing commission to use a lottery-style system for reviewing applications. Josh Egle from Banner County said he appreciated the commission establishing a lottery system to review licensing applications.
Denise Wegener, of Omaha, said that smoking marijuana or vaping it has been the fastest way to alleviate her debilitating condition.
“We are not Joe Schmos out for fun, getting high recreationally,” said Wegener. We’re treating our bodies with this medicine.
Plusieurs people encouraged again the commission to see them as patients. Lia Post from Springfield told the commission not to listen Nebraska Attorney General Mike Hilgers’ (R) or U.S. senator Pete Ricketts R-Neb. who both urged legislators not to pass medical cannabis legislation this spring.
The bill, which was supported by Eggers Post and the other petitioners of 2024, was designed to grant commissioners additional funding, support and time. This bill was 10 votes short and left the Regulatory Board to take action on their own with limited funding.
I’m glad that my life now lies in the hands this Pete Ricketts, Jim Pillen and Mike Hilgers shooting squad. Post told members of the commission, “Yay”. More people want to kill me, and others like me.
Bill Hawkins, of Nebraska Hemp Company, also lambasted commission over the new directory for health care practitioners that excludes out-of state recommendations.
Hawkins is leading another petition drive to legalize cannabis for recreational purposes. “Patients’ rights are still valid,” he said. “There is nothing in the law that says a patient with a recommendation—from any state, any ailment—[has] “Buy your poison pills from your local dispensary.”
Cultivators, vaping and cultivators
Bailey reiterated public support for more growers and vertical licensing. He suggested six cultivators or more. The failure of a cultivator to supply their crops or the bad year that they had could cause costs and ripple effects. Also, the limit on growing corn was absurd. He said: “It’s impossible to imagine that I would buy a property and be told by my neighbors not to grow any corn.”
Bailey said, “You’ve got your funnel turned upside down.” We want to see competition everywhere. “Free enterprise” is what it’s all about.
The commissioners of Lincoln, Monica Oldenburg and Gretna, Lorelle Mueting are concerned about the oversaturation of their state compared with other states.
Bailey, however, argued against the idea that Nebraska would create a black-market without any competition. She also claimed that many growers wouldn’t produce a product if demand wasn’t there.
Bailey was also the one who led the push to approve vaping. Oldenburg, an anesthesiologist as well as chair of the commission, and Mueting – an addiction prevention expert – were both against this. Pillen nominated the women to this position in May.
Oldenburg added, “No one will ever say that vaping can be a medicine.” When I asked this question to all the doctors I know, I was met with a look of confusion.
Legal Threats
The commissioners then entered into a private session lasting more than one hour, where they discussed “strategies for litigation imminent.”
A former senator is suing the commission to have the laws overturned. He argues that the laws are in conflict with federal laws against marijuana. The case was dismissed by a Lancaster County Judge. The case is currently being appealed.
Hilgers’ office and Hilgers have both threatened to sue when the Commission begins issuing licensing. This could be as early as its meeting on the 30th of September. Ilgers has made a similar claim that voter-approved laws were preempted under federal law.
Mueting proposed six to eight changes after leaving the executive meeting, similar to what Bailey said, such as the restriction of cultivators. Commissioners never explained why they chose to make certain changes.
Mueting has also provided an update on a separate effort by the Nebraska Department of Revenue to set up a system for tracking cannabis from seed-to sale, without using state money. She reported that Metrc, which is a tracking software company and cannabis compliance tracker, expressed an interest in exploring the self-funded option, whereby businesses could pay the Nebraska commission instead.
The commission cannot accept fines, fees or other funds without legislative approval. The Nebraska Liquor Control Commission (Bailey is the chair) will be partnering with the Commission in the interim to help cover operating expenses for the Cannabis Board.
‘Knock-down, drag-out process’
After refusing to allocate a separate line in the budget to the Medical Cannabis Commission, the commissions plan to work together to ask lawmakers to provide sufficient funding next year.
Commission will give priority to licenses for cultivators. Email applications that meet the regulations of the commission to [email protected] You can also mail your request to the Liquor Control Commission from September 4 through September 23.
Eggers said that voters gave the commission an unambiguous mandate despite threats of legal action and inaction by legislators.
Eggers said to the commission that “this doesn’t need to be a long, drawn-out, arduous process.” There is already a law in place. Eggers told the commission that he would be grateful if you would adhere to what voters had passed.
On September 30, the Medical Cannabis Commission has been scheduled to convene at 1pm.
Nebraska Examiner was the first to publish this story.