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LINCOLN — Gov. Jim Pillen on Thursday proclaimed the success of five ballot measures this November with his signature, formally legalizing medical cannabis, abortion restrictions and a framework for paid sick leave.
Pillen’s actions also officially end a state-funded program for private K-12 attendance costs.
The proclamations usher in the new laws as well as an abortion-related constitutional amendment after a years-long campaign that proved the most expensive year in Nebraska history for ballot measures. All take effect immediately, with the exception of the framework for requiring paid sick leave that supporters delayed implementation for until Oct. 1, 2025.
Questions remain on some of the final details of the measures and pending legal challenges.
Medical cannabis legalized
Though the Nebraskans for Medical Marijuana campaign still faces two legal challenges, including one headed to the Nebraska Supreme Court, organizers were successful in their third attempt.
Nebraskans will soon be able to pursue a written recommendation from a health care practitioner for up to 5 ounces of medical cannabis.
Purchasing medical cannabis in Nebraska remains illegal until the now-authorized Nebraska Medical Cannabis Commission is able to write rules and regulations, similar to what the Nebraska Liquor Control Commission does for licensing businesses to sell alcohol.
Supporters of medical cannabis joined together in support of two related ballot measures for the 2024 general election at a public hearing for Initiative Measures 437 and 438 at the University of Nebraska at Omaha on Oct. 25, 2024. Among those in the photo are Dominic Gillen, far left, and Shelley Gillen, left front row, who is kneeling by their son, Will Gillen. (Zach Wendling/Nebraska Examiner)
Medical cannabis is legal in the surrounding states of Colorado, Missouri and South Dakota.
The deadline for the cannabis regulations is July 1, 2025. Licensing must begin by Oct 1, 2025.
“For many, this delay will feel agonizing,” Crista Eggers, campaign manager for the measures, said in a statement. “But today’s victory is a reminder that progress is possible — and that the dream of accessible relief and healing for Nebraskans is closer than ever to becoming a reality.”
Pillen and Attorney General Mike Hilgers issued a joint statement Thursday cautioning Nebraskans that while the measures are now law, they cannot, and do not, change federal law that criminalizes marijuana and classifies it as a dangerous drug.
“Both the governor and the attorney general believe that serious issues remain regarding the validity of these petitions under federal law and the Nebraska Constitution,” the statement reads. “The federal government has designated marijuana as a Schedule I controlled substance. Under federal law, it is unlawful to either possess or sell Schedule I controlled substances.”
The federal government is in the process of reclassifying marijuana. It is classified alongside heroin and LSD now but could be moved down to the same level as Tylenol with codeine or ketamine.
Thirty-eight states allow cannabis for medical use, and 24 of those states have also legalized recreational marijuana use. Washington, D.C., has also legalized both.
The cannabis campaign has highlighted the 10th Amendment to the U.S. Constitution as uplifting the rights of states, and of Nebraska voters, to make their voices heard on marijuana policies.
A national first in abortion
As of Thursday, Nebraska also became the first state to embrace abortion restrictions since the U.S. Supreme Court overturned Roe v. Wade in 2022 and returned decisions about abortion to the states.
Supporters of the Protect Women and Children abortion-related petition effort celebrate turn-in of more than 200,000 signatures seeking access to the November 2024 ballot on July 3, 2024. (Courtesy of Protect Women and Children campaign)
The Nebraska Constitution officially now prohibits abortions after the first trimester, roughly 12 weeks gestational age, with exceptions for sexual assault, incest and the life of the mother. It is similar to current state law, which restricts abortion after 12 weeks gestational age with similar exceptions.
The Legislature will retain authority to pass additional restrictions, up to a complete ban.
Nebraskans rejected a separate, competing abortion-related measure that would have expanded abortion access to the point of fetal viability, which would have been defined by a treating health care practitioner.
School choice measure rejected
Nebraskans also rejected the continuation of Legislative Bill 1402, a $10 million annual program for “education scholarships” or “vouchers” to private K-12 schools.
Jenni Benson, president of the Support Our Schools ballot campaign, leads a news conference for a ballot referendum on July 17, 2024. (Zach Wendling/Nebraska Examiner)
The supporter behind both bills, State Sen. Lou Ann Linehan of Elkhorn, used LB 1402 to replace LB 753 and avoid an earlier attempt at a ballot measure to repeal LB 753. That law was set up as a $25 million tax credit to encourage donations for the scholarships. It ended Oct. 31.
Advocates for the legislation have vowed to try again, though it isn’t yet clear who would pick up the mantle from Linehan, who is term-limited.
Paid sick leave in the wings
The final ballot measure relates to paid sick leave: the Nebraska Healthy Families and Workplaces Act.
Advocates for a minimum degree of paid sick leave for Nebraska workers brought boxes of petition signatures to downtown Lincoln before bringing them to the Nebraska Secretary of State’s Office on June 27, 2024. (Zach Wendling/Nebraska Examiner)
Once the law takes effect Oct. 1, 2025, employees can begin to earn at least one hour of paid sick time for every 30 hours worked. Small businesses (those with fewer than 20 weekly employees) must offer 40 hours of paid sick leave, while larger employers must offer up to 56 hours in a year. Small businesses that had 20 or more employees for at least 20 calendar weeks would fall into the category of larger businesses.
The Nebraska Department of Labor will be charged with creating additional rules and regulations as necessary, and the campaign is readying for possible “attacks” in the upcoming legislative session.
The Legislature can choose to amend the laws, though doing so would require a two-thirds majority (33 votes) because the laws were enacted by the people.
“We are all ready,” the campaign manager said last month, “and would oppose any legislation that would undermine the voices of the almost 75% of voters in Nebraska that voted to approve this policy.”
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“}]] Nebraska’s 2024 ballot measures related to medical cannabis, abortion, school choice and paid sick leave took effect Thursday. Read More
