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Yahoo
21-05-2025
- Health
- Yahoo
‘Absolute failure': Medical cannabis regulatory bill stalls in Nebraska Legislature
Crista Eggers of Nebraskans for Medical Marijuana, center, leads a news conference urging legislative support for bills to help implement a safe, fully regulated medical cannabis system. March 3, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — A legislative proposal seeking to help implement Nebraska's voter-approved medical cannabis laws failed Tuesday, facing a tougher floor fight than four years ago despite widespread support in November. The latest measure, Legislative Bill 677, failed to garner the 33 votes needed to shut off a filibuster, with the bipartisan effort to stop debate falling 23-22. The regulatory push secured the support of eight Republicans, 14 Democrats and one nonpartisan progressive in the officially nonpartisan 49-member body (State Sen. Ashlei Spivey of Omaha, the only other Democrat, was absent from the final vote but had supported the bill). Republican State Sens. John Arch of La Vista, Carolyn Bosn of Lincoln and Merv Riepe of Ralston declined to take a position and were 'present, not voting.' State Sen. Ben Hansen of Blair, a Republican with a Libertarian bent who sponsored LB 677, sought to appeal to his conservative colleagues that 'on a limb,' everyone could agree that medical cannabis could at least help someone. 'If that's the case, you believe in medical cannabis, and that's OK,' Hansen said. 'I know sometimes that scares some of us.' Freshman State Sen. Glen Meyer of Pender was one Republican who heeded Hansen's call. 'I would hope, and hope's not a plan, but I do have faith in this body, I would expect intelligent people with good hearts, which I believe this body is, can find a way to provide relief with some medical marijuana,' Meyer said. The other six Republicans joining Hansen and Meyer were State Sens. Tom Brandt of Plymouth, Stan Clouse of Kearney, Myron Dorn of Adams, Rick Holdcroft of Bellevue, Jana Hughes of Seward and Dave Wordekemper of Fremont. But at the end of the day, Gov. Jim Pillen, Attorney General Mike Hilgers and Nebraska's junior U.S. Sen. Pete Ricketts, R-Neb., Pillen's predecessor, prevailed in their public calls against passing LB 677, peeling off enough Republican senators to stop the bill. Voters legalized medical cannabis with 71% approval in November, for up to 5 ounces of cannabis with a physician's recommendation. A separate regulatory law secured 67% approval. Leading the charge against LB 677 was freshman State Sen. Jared Storm of David City, who echoed the calls of Hilgers and Ricketts that legislation wasn't needed to help implement the state's new medical cannabis laws. Storm and multiple Republicans said the new Nebraska Medical Cannabis Commission, which voters created and charged with 'exclusive' regulatory authority, should be left to act on its own first, without legislative changes. 'If we have any issues, we can always come back as a body and tweak those issues, not jump off the cliff,' Storm said of Hansen's LB 677 and an accompanying amendment. He added: 'I don't want anybody to think that I'm some cold-hearted monster here that does not have sympathy for children and adults that are suffering through pain. But we have to get this right.' The hesitation also came as Hilgers' office continues challenging whether the ballot measures were properly placed on the 2024 ballot and an expected future state-led challenge arguing the voter-approved laws violate federal law. The AG's Office was in court earlier Tuesday asking for a citizen-led lawsuit alleging the same legal challenge to be tossed so Hilgers' staff can sue. Hilgers also organized opposition to LB 677 from 53 sheriffs, including the Nebraska Sheriffs Association, and the Police Chiefs Association of Nebraska. State Sen. John Fredrickson of Omaha, a mental health practitioner, said cannabis would not 'leap off the shelves' and corrupt Nebraska youth, as some opponents contended. He said senators sometimes needed to go outside and 'touch some grass and just think about what the world is like outside of this room.' 'Let's not get too concerned about 'fighting against the will of the people,'' Fredrickson said. 'Let's help shape it. Let's help put in the right guardrails in place, and let's help build a system that we can be proud of and puts our patients first.' Hansen said a strong regulatory system could also save lives from over-reliance on opioids, which State Sen. Dan Quick of Grand Island echoed. Quick said he thought medical cannabis might one day be able to help his son who has struggled with opioid, drug and alcohol addiction for about 25 years. In that time, Quick said he and his wife have administered life-saving meds to reverse overdoses. 'I think this is an important bill that could help a lot of people, and we need to take that into consideration in what we're doing,' Quick said. State Sens. Megan Hunt and Dunixi Guereca, both of Omaha, said opponents also needed to grow up and embrace the modern acceptance of medical cannabis. 'The 1990s have called, and they want their 'Reefer Madness' back,' Guereca said. 'It is the year of our Lord 2025. Medical marijuana is not controversial.' Multiple opponents targeted Democrats for their support of LB 677 but opposition to other measures this year to water down voter-approved laws related to paid sick leave and minimum wage. In those cases, 32 of 33 Republicans support changing what voters approved, including Hansen. State Sen. Jane Raybould of Lincoln is the lone Democrat in favor of the sick leave and minimum wage changes, and she proposed the minimum wage tweaks. 'This bill's unnecessary, inappropriate, undermines the will of the people and implements recreational marijuana,' State Sen. Bob Andersen of north-central Sarpy County said. Hansen and State Sens. John Cavanaugh of Omaha, Danielle Conrad of Lincoln and George Dungan of Lincoln repeatedly pushed back and noted that backers of the medical cannabis ballot measure asked for LB 677, unlike supporters of the sick leave and minimum wage changes. Public support for medical cannabis was widespread in November, with majority approval in all 49 legislative districts for legalization and 46 of 49 districts favoring a regulatory system. Cavanaugh and Dungan said LB 677 was stricter than they would have liked but helped voters whose will Dungan said would 'once again be stifled' if LB 677 failed. Cavanaugh, who offered amendments to make the bill less restrictive, said its negotiated constraints were 'in the interest of accessibility, safety, reliability.' State Sen. Tanya Storer of Whitman called out 'political theater' and said part of the urgency for passing LB 677 was an effort by supporters of medical cannabis to get around legal challenges. 'Don't be fooled about the why, about the panic, about why the marijuana proponents are playing on your fear and emotion that we're going to have mayhem and chaos if we don't pass 677. If we pass it, we put it in state statute,' Storer said. Some senators, as well as Hilgers, have said LB 677 could weaken his office's pending appeal before the Nebraska Supreme Court alleging improper notarizations during the ballot measure process, which a Lancaster County District Court judge widely rejected in November, after the election. Ballot sponsors have also consistently denied wrongdoing. Some opponents flaunted that decision and said they hope the Nebraska Supreme Court 'gets it right,' including State Sen. Mike Jacobson of North Platte, who asked whether LB 677 would incentivize people to 'dummy up a bunch of signatures.' Jacobson and State Sen. Bob Hallstrom of Syracuse, a lawyer, repeatedly pointed to the fraud-focused case and said Hilgers was protecting the ballot measure process. 'Let's cool our jets. Let's slow down the pace,' Jacobson said. Conrad and the ballot sponsors have said it is Hilgers and Secretary of State Bob Evnen's alleged fraud case who are threatening the petition process and seek to 'ruin the lives of grassroots activists who peacefully petitioned their government for change.' Despite opponents' best efforts, Conrad said, the Legislature had already affirmed the ballot measures with an earlier cleanup bill passed Feb. 21 in a 48-0 vote: LB 1. Conrad also blasted some opponents for drumming up the very evidence that Lancaster County District Judge Susan Strong, a Ricketts appointee, had rejected, including texts among campaign volunteers. Conrad, citing Strong, said she found them 'completely out of context, legally irrelevant and cherry-picked.' 'To regurgitate them here on the floor of the Legislature, again, out of context, again, to sling mud, again, to drag moms of sick kids who are petitioning their government to try and find a cure, that says a lot about you,' Conrad said. Meyer said that even if signatures are ultimately tossed, and the state Supreme Court sides with Hilgers' appeal, voters' strong approval would still carry weight. Many of the same campaign volunteers, including all but one of the main notaries being targeted by the AG's Office, showed up for the debate. In the early hours of debate, one of the long-time advocates had seven seizures. Her mom helped start the legislative push more than a decade ago. Some volunteers said that while the defeat of LB 677 was a loss, they wouldn't stop fighting and would keep showing up. 'This issue isn't going away. I don't believe the people will let it go away,' said Crista Eggers, executive director of Nebraskans for Medical Marijuana, who described the defeat as an 'absolute failure.' Hansen predicted that LB 677's defeat could accelerate the push for recreational marijuana, as early as the 2026 election. That would come at the same time Pillen, Hilgers, Evnen, Ricketts and half of the seats in the Legislature are up for reelection. Another major theme of the debate was whether the Legislature should step in before the Medical Cannabis Commission has a chance to, as the Legislature has not yet considered or confirmed two final gubernatorial appointees. Both of those Pillen picks — Dr. Monica Oldenburg of Lincoln and Lorelle Mueting of Gretna — have a confirmation hearing Thursday. Each has consistently opposed the same measures that Eggers and other long-time supporters have fought for. Mueting opposed LB 677 but was 'neutral' on a much stricter bill from Storm. 'Why would we as a Legislature start messing with the commission that hasn't even started doing its work yet?' State Sen. Rob Dover of Norfolk asked during debate. But Hansen said the commission's broad authority and the apparent lean of the appointees could signal where the regulations ultimately end up, which he said does nothing but hurt patients. 'If they take the reins, they can choke it to death,' Hansen said of the commission. Four years ago, an earlier medical marijuana bill failed 31-18 in face of Republican opposition. Hilgers, a former state senator, opposed the 2021 bill, too. But unlike that narrow defeat, LB 677 faced one of the toughest fights for advocates in a decade, even as the 2025 debate came at a different political moment than in 2021. That includes Ricketts no longer being governor. He had said legalized marijuana would 'kill your kids.' It also includes overwhelming approval of the ballot measures. 'I think you know in your hearts that people deserve this, and you know in your hearts what's going to happen if we don't,' Hansen told his colleagues. 'The people voted for you to make a decision, not to push it off to somebody else.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
18-04-2025
- Health
- Yahoo
‘It's not over': Medical cannabis regs fail to advance from Nebraska legislative committee
Crista Eggers of Nebraskans for Medical Marijuana, center, leads a news conference urging legislative support for bills to help implement a safe, fully regulated medical cannabis system. March 3, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — A legislative committee failed to advance a bill Thursday meant to help implement and regulate medical cannabis in Nebraska, leaving the sponsor and advocates on the hunt for a new path forward. The General Affairs Committee stalled, voting 5-3 against advancing Legislative Bill 677 from State Sen. Ben Hansen of Blair. Senators tried to advance the bill as-is after none of the eight members entertained a motion on whether to amend the bill during continuing negotiations on how best to implement the overwhelming voter approval of medical cannabis in November. Hansen, after the vote, described his legislation as 'a must' for 2025 to prevent the 'Wild West.' That's because without legislative action, the regulatory commission voters created with the ballot measure has no effective power or funds to regulate medical cannabis. There is still 'some room' to come together, Hansen said, though the 'clock is ticking.' 'I don't want to shut all the doors right now, but some doors are closing, and they're closing fast, and so we have to act,' Hansen told reporters. The lead spokesperson for Nebraskans for Medical Marijuana also said the fight isn't over. Unless the committee reconsiders, Hansen faces a tough path to getting LB 677 into law, though the legislative rules do provide a path. He can file a motion — requiring at least 25 votes — to pull the bill out of committee. That would require scheduling by Speaker John Arch of La Vista, who has opposed medical cannabis in the past. The bill would then need to advance across three rounds of debate and pass with at least 33 senators, regardless of a filibuster, because it amends legal language voters approved. Ballot measures are self-enacting, and Nebraskans have legally been able to acquire up to 5 ounces of medical cannabis with a written health care practitioner's recommendation since mid-December, when Gov. Jim Pillen formally proclaimed the success of the measures and ushered the voter-approved language into law. Hansen's bill, which has the support of organizers of the 2024 medical cannabis campaign, would further expand the structure for regulating cannabis through the new Nebraska Medical Cannabis Commission. Without state funds, officials have said it is nearly impossible for the commission to act or craft regulations, as required, by July 1. Hansen's bill would push back the deadline for regulations and licensing for more time to act. The amendment that members of the General Affairs Committee negotiated with Hansen would additionally regulate cannabis through the state system's prescription drug monitoring system in addition to seed-to-sale tracking systems, according to a copy obtained by the Nebraska Examiner. Acceptable forms of cannabis would include edibles, concentrates, ointments, transdermal patches or creams, nebulizers and vaporizer cartridges or pens. However, smoking would be prohibited, and no cannabis flower or bud could be legally sold. State Sen. Bob Andersen of north-central Sarpy County said he completely disagreed with allowing vaping, pointing to increased youth drug use. A qualified 'health care practitioner' would include only licensed physicians, osteopathic physicians, physician assistants or nurse practitioners, and practitioners could not recommend cannabis unless they have treated the individual for at least six months or if the physician primarily practices in Nebraska. The committee amendment also would have limited 'qualifying medical conditions' to 15 ailments: Amyotrophic lateral sclerosis. Autism with frequent self-injurious or aggressive behavior. Cancer. Crohn's disease or ulcerative colitis. Epilepsy or epileptic seizures. Hepatitis C that causes moderate to severe nausea or cachexia. Human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). Huntington's disease. Parkinson's disease. Spinal cord injury or disease with residual neurologic deficits. Terminal illness with a probable life expectancy of under one year. Tourette's syndrome. A serious medical condition or related treatment that causes severe nausea or cachexia. Severe and persistent muscle spasms caused by multiple sclerosis, spinal cord injury or muscular dystrophy. Severe or chronic pain lasting longer than six months that is not adequately managed, in the opinion of a health care practitioner, despite treatment attempts using either conventional medications other than opioids or opiates or physical interventions. The amendment also would explicitly allow the Medical Cannabis Commission and Nebraska Liquor Control Commission, which consist of the same three commissioners, to share resources in carrying out the respective laws. The governor would be able to appoint two additional members to the Medical Cannabis Commission, one of whom would need to be a health care practitioner. The governor already appoints the three members of the Liquor Control Commission, bringing the allowable total to five commissioners. State Sen. Stan Clouse of Kearney said he wanted to allow the governor to appoint up to two more outside members, such as law enforcement or supply chain representatives. State Sen. John Cavanaugh of Omaha, committee vice chair, said he wanted to ensure the physician appointee had human medical experience and wasn't, for example, a veterinarian. Pillen is a veterinarian, as is John Kuehn, a former state senator and one of the chief opponents to the medical cannabis laws. Kuehn has filed two lawsuits seeking to void the provisions, the first of which the Nebraska Attorney General's Office joined and that the Attorney General's Office and Kuehn lost. Kuehn is appealing to the Nebraska Supreme Court. The second is ongoing in Lancaster County District Court. Cavanaugh said he generally is against creating an ailments list but that the identified conditions were 'relatively reasonable,' though he wants post-traumatic stress disorder included. Holdcroft said the list was created with input from the Nebraska Medical Association, including work led by former State Sen. Anna Wishart of Lincoln, who championed medical cannabis and was part of the past three ballot measures. Holdcroft said the association was strongly against allowing marijuana for PTSD. On the ongoing litigation, Cavanaugh, a lawyer, said Attorney General Mike Hilgers and his office are giving advice to senators in ways that benefit the ongoing litigation. 'In this case, the attorney general is not representing the interests of the Legislature,' Cavanaugh told reporters. 'He's representing the interests of his office and I think this political agenda that he has continued to pursue before he was attorney general against the legalization of medical cannabis.' State Sen. Jared Storm of David City, who has agreed with Hilgers and U.S. Sen. Pete Ricketts, R-Neb., to wait on any related medical cannabis legislation, repeatedly said during the Thursday committee meeting that Hilgers needed his day in court in front of the Supreme Court. Storm brought his own bill, LB 483, to limit allowable cannabis to 300 milligrams — 0.21% of 5 ounces — and only allow oils or tinctures as acceptable uses. Cavanaugh and State Sen. Rick Holdcroft of Bellevue, the committee chair, pushed back on Storm and said that the legal process had already played out once at the district court level, and Hilgers lost. Secretary of State Bob Evnen also placed the measures on the ballot, Holdcroft noted, and then voters weighed in. The AG's Office has threatened to sue if the cannabis commission begins licensing. Holdcroft acknowledged that should lawmakers pass LB 677, it might end the pending appeal to the Nebraska Supreme Court. Speaking with the Nebraska Examiner, Storm said waiting just a little while could put the legal questions 'to bed.' The Legislature is set to adjourn in June, possibly delaying action until early 2026, which could push any regulations more than a year down the road. Storm told his colleagues that the ongoing lawsuits aren't Hilgers against the cannabis industry but the AG acting on behalf of the state. Holdcroft and Cavanaugh said voters had spoken. 'I'm all for helping people, and if this ballot initiative comes out that it's valid and accurate, then I'm all for moving forward to where we can help people,' Storm said. 'But I want to do it the right way.' Hansen said, 'next session is not it,' and that lawmakers have the chance to act now. Holdcroft, who opposed advancing LB 677 as is, said he, too, was a 'little disappointed' after the work to craft a committee amendment fell short. He said he felt the divide came down on smoking as a 'line in the sand,' while Hansen said he felt the flower and bud restriction was the breaking point. Holdcroft said selling cannabis flower would be a gateway toward recreational marijuana, which Hansen heavily disputed. He has regularly said his bill has nothing to do with recreational marijuana. 'Right now, I don't see a way ahead,' Holdcroft told the Examiner. Holdcroft said he hasn't heard anything of a pull motion yet, but he envisioned there could be a lot of pushback from conservatives in the Legislature. Hansen, who has often taken a Libertarian bent in the Legislature, is a Republican, as is Holdcroft. Crista Eggers, executive director of Nebraskans for Medical Marijuana, told reporters that the campaign and supporters are no strangers to roadblocks, challenges and 'doors shut in our face.' Still, she remains confident in crafting the safest and best medical cannabis program and said voters knew what they were voting on. 'This will not be the end,' she said. To supporters, Eggers said she wants them to know that despite the hiccup, which both she and Hansen thought could be the outcome, 'we have every intention to keep fighting.' 'Giving up has never been an option. Being silenced has never been an option,' Eggers said. 'It's not over. It's not done.' 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