We need to regulate the use of this substance so it is only available for those who need it and not used recreationally.
By Zach Wendling, Nebraska Examiner
Before lawmakers can vote to pass the bill, a legislative committee that is attempting to implement Nebraska’s medical cannabis laws will wait for an amendment.
Ben Hansen’s (R-Blair) Legislative Bill 67 will help to implement the massive voter support for legalizing and regulating medical marijuana in California last year. His bill would create a regulatory structure for licensing and detail how patients or caregivers could become registered to obtain up to five ounces of physician-recommended cannabis at one time.
The chair of the General Affairs Committee in the Legislature, Rick Holdcroft from Bellevue (R), said last week that the committee was waiting on a final change that might help it decide if the bill should be advanced.
Holdcroft said to the Nebraska Examiner that “the people have spoken and we must put into place the best regulatory structure possible.”
Hansen stated that a key part of his amendment was to monitor medical cannabis via the state’s drug monitoring program. This would be similar to how opioids are monitored. In at least nine states, local prescription drug monitors are used to implement local medical cannabis laws.
Blair has expressed support to define a “qualifying condition” that would allow a doctor to recommend this drug. He also supports the requirement for doctors to fill one of two open positions on the Nebraska Medical Cannabis Commission, which is charged with the regulation and implementation of laws.
Three commissioners from the Nebraska Liquor Control Commission are automatically included in the new commission. According to current law, the Governor has the choice of appointing two additional members.
‘The people have spoken’
Nebraska Attorney General Mike Hilgers and U.S. Senator Pete Ricketts have urged lawmakers to not act on these laws. Hilgers’s office threatened to take legal action against the commission if it licenses any new businesses this year, or at a later date.
In a conversation with The Examiner, all members of the General Affairs Committee said that some legislation would be beneficial in ensuring the will of people.
Holdcroft as the chair of the committee has identified LB677 as one his two priorities for the year 2025, which increases the chance that it will be discussed by the whole Legislature if this bill moves forward.
Holdcroft and the state Senators could make or break LB 677 this year. John Cavanaugh, D-Omaha, Dan Quick (D – Grand Island), and Victor Rountree, D-Bellevue have all expressed support to advance the bill. To advance the bill to the floor, it needs to receive at least five votes.
Cavanaugh and Quick, vice chairs of the committee, along with Rountree and Cavanaugh said that the public’s will is very clear on the issue of legalizing medicinal cannabis.
Cavanaugh: “I’m of the opinion that it is best to keep that structure as minimal as possible, while still allowing for some changes.”
Quick and Rountree both agreed that the people were wise, while Quick said medical cannabis might be an alternative option for some individuals to prescription opioids.
Members of the Committee should be warned
There are still concerns from the other half. Senators. Bob Andersen, (R), of Sarpy County in north-central Nebraska; Stan Clouse, (R) Kearney; Barry DeKay, (R) Niobrara and Jared Storm. Storm presented a cannabis-related legislation to the committee in this year, which would have limited the types of medical cannabis that are legal with a smaller amount.
The caution is largely based on the desire to avoid a future legal pathway towards recreational marijuana. Some senators are also concerned that Schedule I drug status is maintained by the federal government. The federal agencies are taking steps to reclassify cannabis, and Donald Trump also expressed support for its legalization.
Before Nebraska, 38 other states had legalized the medicinal use of cannabis.
Andersen, last week said: “We must maintain the people’s will but in a responsibly manner.”
Clouse and DeKay stated that they want to eliminate or limit smoking as a form acceptable of ingesting or taking medical cannabis. In 2008 the Clean Indoor Air Act was passed by the State, which prohibits smoking in public places. This also applies to cigarettes and vaporizers.
DeKay’s preference is to limit medicinal cannabis use to oils, pills and ointments.
DeKay: “I’ll support medical marijuana. But it might not agree with everything everyone wants on the Committee.”
According to the laws passed by voters, all forms of medical cannabis are legal with a doctor’s written recommendation. As of this past month, Nebraska Department of Health and Human Services did not have any official guidance regarding the new laws.
Clouse and Storm both said that the physician position should be filled by a member of the law enforcement community. Clouse suggested the fifth place should go to the representative from the police force.
Clouse: “I do believe that there are medicinal uses for marijuana and cannabis.” Clouse: “I do think that we must regulate the use of marijuana and medicinal cannabis so that people who are in need can get it, but that it is not turned into recreational drugs.”
Nebraskans for Medical Marijuana, the group that spearheaded the ballot initiative, has focused its attention on Andersen, Clouse and DeKay to find one more vote to get LB 677 to the floor.
Gov. Jim Pillen, the Republican, hasn’t commented on Hansen’s bill, but Hilgers and Pillen both stated that there were “serious questions” about the legality and validity of Hansen’s legislation in December when they signed the measure into law.
‘Genie out of the bottle’
In January, a storm brought LB 483, which limited the forms of cannabis that were allowed to liquid tinctures and pills. He has since stated he would be open to oils or creams. He cited the Iowa medical program that forbids any smoking of cannabis.
Storm is a David City freshman senator who said, at the hearing of his bill, that he had sympathy for the suffering people but was focused on getting regulation right.
Storm, who suggested that action be delayed until 2026, said, “I believe we should slow-walk it, and get this right. Because if you get this wrong, the genie is out, it’s not coming back.” So we do it right and help the people in every way we can.
Hilgers stated last week, at a press conference, that Hansen’s amendment of February 28, risked rewriting a process approved by voters and creating a “complete infrastructure and licensing system to prepare for recreational marijuana.”
It isn’t the will of Nebraskans to allow the state to legalize medicinal marijuana. They don’t want the government to change the rules they passed. And, they do not want something that was drafted primarily or exclusively by outside interests looking to make money on the Nebraska market.
Hilgers encouraged “most Nebraskans” who were interested to read Hansen’s newest amendment, and not “leave the reading with a different impression.”
Hilgers’s Office opposed LB677 and warned legal action if the Medical Cannabis Commission licenses business. Hilgers’s office said it would “have more to say” in the coming weeks and days about the proposals.
Hansen has rejected criticism that his legislation could lead to recreational cannabis use. Hansen told the committee it was a discussion for the future. His bill is intended to prevent a potential Wild West if bills do not pass this year.
Holdcroft voted in the Judiciary Committee against marijuana for recreational use the last two years, but he believes that the people are now ready to accept it as a medicine. Holdcroft, like Hansen, has also pushed against the Attorney General’s Office. Under LB 677, the office would be able to have a dedicated Assistant Attorney General who could assist the Commission.
“What I’m hearing here…is the attorney general wants us to keep this law stupid, where he can find some loopholes in it and make it illegal,” Holdcroft told a representative of the AG’s office at LB 677’s hearing. The Legislature is not that type of organization.
‘Wait and see’
The new laws on medical cannabis are complicated by the tight deadlines.
The Medical Cannabis Commission, under the voters-approved law has until the 1st of July to set criteria on whether to accept or reject applications from establishments registered. The registration process must start by October 1st.
Hobert Rupe told the General Affairs Committee as well as the Appropriations Committee that the Medical Cannabis Commission has no budget.
Rupe informed the Appropriations Commission on Thursday that “as you know, the public has passed these initiatives.” They created an organization without staff or budget.
Rupe explained that the funds might come from either Hansen’s proposed bill or the budget of next year. A public hearing is impossible without a state budget.
The Examiner questioned state Senator. Rob Clements, R-Elmwood, chair of the Appropriations Committee asked Rupe on Thursday what his committee was going to do about the new commission. Clements stated that it was the very first time he heard about the commission or its budget.
Rupe said that if a marijuana bill was passed by Clements’s committee, he and his commissioners could “hang on to” its passage and be able to plan in advance.
“I hope that whatever comes out of the Legislature…might extend those deadlines a little bit,” Rupe said. “Even if this is extended, it’s still not enough time to create a standalone agency even if we share resources.”
Hansen’s new amendment delays the rulemaking process until 1 October and sets a date for submitting a first batch of applications, between 13 October and 15 December. The applications must be accepted or rejected by March 16 2026.
Clements, speaking of the Hansen bill, told Rupe: “I’m guessing we’ll wait to see what happens then.”
Hansen’s bill would need at least 32 votes, regardless of filibustering, to be implemented under Nebraska Constitution, since it would change legal language in a referendum measure.
The timeline of legal challenges
John Kuehn against Secretary of State Bob Evnen Anna Wishart (claiming fraud) and Crista Eggers, Adam Morfeld and other ballot sponsors.
John Kuehn v. Gov. Jim PillenSecretary of State Bob Evnen, ballot sponsors Anna Wishart, Crista eggers and Adam Morfeld, Nebraska Department of Health and Human Services Chief Executive Officer Steve Corsi, State Treasurer Tom Briese, Nebraska Tax Commissioner Jim Kamm, and three members of the Nebraska Medical Cannabis Commission Bruce Bailey, Harry Hoch, Jr. and Kim Lowe, who allege that federal laws on medical cannabis are preempted unconstitutionally by the government.
- On December 10, a lawsuit is filed in order to prevent the implementation of ballot measures.
- Susan Strong, Lancaster County district judge, declines to stop measures taking effect on December 11.
- Pillen signss ballot measures to legalize medical marijuana on December 12.
- Kuehn amended lawsuit on January 10, to include Corsi Briese Kamm Bailey Hoch Lowe.
- The case is dismissed on February 14.
- On February 17, ballot sponsors filed a motion to dismiss.
- In late March, any remaining motions or briefs to support motions of dismissal are due.
- Kuehn must reply by the end of April to any motions for dismissal.
- Due mid-May is any reply brief to Kuehn.
- On May 20, Judge Strong will hold a hearing in person at 10 am on motions for dismissal.
Nebraska Examiner was the first to publish this story.
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Mike Latimer provided the photo.