Nebraska legislators work on framework for medical marijuana regulation

The clock is ticking for Nebraska lawmakers to set up the framework for how to regulate medical marijuana in the state. In November, voters approved medical cannabis in Nebraska and set up a commission to regulate the industry by over 70%.Those rules and regulations need to be in place by July 1, and licensing must begin on Oct. 1, according to the ballot measure. Those who have fought for medical marijuana for more than a decade said they support two bills.LB 651 by State Sen. Danielle Conrad and LB 677 from Sen. Ben Hansen. Nebraska for Medical Marijuana Executive Director Crista Eggers said those pieces of legislation will follow the will of the voters.”They are potentially good vehicles towards creating a regulatory framework with strong patient protections and reasonable regulations,” Eggers said.Eggers said they oppose LB 483, which was introduced by state Sen. Jared Storm. That bill lists who can receive medical cannabis and restricts it to pill or liquid forms. “It is a direct insult to the patients who need medical cannabis most. It strips away access, imposes burdensome regulations and limits the ability for a doctor to recommend what is the best avenue of treatment for a patient,” Eggers said. A weekend editorial that appeared in the Omaha World Herald by Nebraska Attorney General Mike Hilgers and U.S. Senator Pete Ricketts told lawmakers there was “no duty to act now.”That was because the ballot measures were not constitutional amendments and there are still legal challenges pending on the petition drive and whether the state can legalize a drug still considered illegal by the federal government.”The Legislature should study the law and science of marijuana and slow down before acting on medical marijuana this session,” Hilgers and Ricketts wrote.State Sen. Ben Hansen said the chances the court will overturn the law is “slim to none.””They’ve already taken it before the court and it’s been denied multiple times,” Hansen said. He said 47 states have already legalized medical marijuana. President Donald Trump has indicated support for decriminalizing cannabis so it can be studied.Hansen said the ballot measures passed in November were self-enacting so they are already law.”The legislature must act now to provide clear guidance and prevent uncertainty in the implementation process. We don’t want the wild west out there,” Hansen said.Deputy Solicitor General for the State of Nebraska Zachary Pohlman told the Legislature’s General Affairs Committee he didn’t believe the ‘Wild West’ would occur if the Legislature does not act.”If the court decides that the petitions should not have been on the ballot then any changes made this session will be ineffective,” Pohlman said.Pohlman said the newly created regulatory commission can still make its rules and regulations.”Let the legal challenges that are pending settle before this body takes any future action,” Pohlman said.The chairman of the General Affairs Committee, state Sen. Rick Holdcroft said both LB 651 and LB 677 would postpone the deadline for establishing regulations until Oct.1 and issuing of licenses to Jan. 1, 2026.He said lawmakers should provide guidance on regulations.”The attorney general wants us to keep this law stupid. Where he can find some loopholes in and make it illegal. And the Legislature just isn’t that kind of body, I’m here to tell you. So, we’ll see what happens,” Holdcroft said.