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Yahoo
16-05-2025
- Politics
- Yahoo
Pillen orders Nebraska medical cannabis regulations to proceed as legislative, legal fights approach
Nebraska Gov. Jim Pillen signs off on the 2024 general election results on Monday, Dec. 2, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — It's not every day that Nebraska's three branches of government are all involved in a single topic. But one issue is front and center within the next week: medical cannabis. Days before legislative debate and a Lincoln court hearing, Gov. Jim Pillen on Friday announced 'intentions' for executive branch staff to offer available administrative support and resources for voter-approved medical cannabis regulators to begin their work. 'With support from the Policy Research Office, the Department of Administrative Services and other agencies, as necessary, the Medical Cannabis Commission is fully enabled to meet and carry out its responsibilities under the Patient Protection Act and the Regulation Act to meet its milestone dates of July 1 [for regulations] and October 1 [for licensing],' the release said. Any regulations proposed by the commission would need to go through the attorney general and the governor. State Sen. Ben Hansen of Blair, whose Legislative Bill 677 seeks to clarify and place additional guardrails, confirmed he will still push forward with the legislation and was 'a little surprised' by an executive about-face that now seeks to 'unilaterally' enact regulations. He said he sees LB 677 as the Legislature's responsibility to act and set parameters for regulators that 'can't be changed at a whim.' State Sen. Rick Holdcroft of Bellevue, chair of the Legislature's General Affairs Committee that is mulling medical cannabis legislation, said the executive action diminishes Hansen's previous argument that the laws could be the 'wild west' if the Legislature doesn't provide more guidance. 'I think there's actually been some thought into establishing the cannabis control commission. It's not a bad thing,' Holdcroft told the Nebraska Examiner on Friday. But Hansen, in response, said: 'I'm not worried about the 'wild west' anymore. I'm worried about nothing happening, and then we have recreational cannabis in two years.' He cites voters who have said that if the regulations are too restrictive, they will push a 2026 ballot measure for recreational marijuana, including some voters who prefer only medical use. Hansen adds that part of the reason LB 677 is still needed is Pillen's two at-large 'potential' appointees to the Nebraska Medical Cannabis Commission. Together, they would join the three commissioners pulling double duty on the Nebraska Liquor Control Commission to create the new entity, which voters approved in November. Pillen has appointed Dr. Monica Oldenburg of Lincoln, an anesthesiologist, and Lorelle Mueting of Omaha, the prevention director at Heartland Family Service, which focuses on drug prevention. Both have consistently opposed efforts pushed by the Nebraskans who prevailed at the ballot box last fall after more than a decade of advocacy. Still, Pillen said that Oldenburg and Mueting are 'experienced, well-qualified individuals' who will ensure strong regulations 'to the letter of the law the people of Nebraska enacted.' 'I urge the Legislature to promptly confirm them so they can take up the urgent work of writing strong and effective 'rules of the road' for the medical cannabis industry,' Pillen said Friday. Both Oldenburg and Mueting opposed the closest legislative attempt to legalize medical cannabis in 2021, LB 474, led by former State Sen. Anna Wishart of Lincoln, who later helped the ballot measures. The 2021 bill fell two votes short, 31-18. Crista Eggers, executive director of Nebraskans for Medical Marijuana, said Friday that while supporters appreciated Pillen's actions, it is 'disingenuous' to characterize the new appointments as 'experienced' or 'well-qualified.' 'Appointing regulators who are fundamentally opposed to the very issue they are charged with overseeing suggests that other motives may be at play — motives that appear misaligned with the public intent, and not to mention the will of 71% of the state,' Eggers said in a statement. The legalization position passed with 71% of the vote, while the regulatory measure trailed just slightly, with about 67% support. Eggers and other long-time advocates support LB 677 as an initial step for regulations. At a March hearing on four medical cannabis bills, Mueting opposed LB 677 and two very similar bills and was 'neutral' on the narrowest bill: LB 483, from State Sen. Jared Storm of David City, seeking to limit medical cannabis to tinctures or pills alone. LB 483 sought to legalize up to 300 milligrams, 0.21% of the 5 ounces that voters approved. Both appointees will go before the General Affairs Committee next Thursday for confirmation hearings before the full Legislature weighs in. Laura Strimple, a spokesperson for Pillen, said the office interviewed three people and selected two. A staff member who oversees application materials for appointees was out of the office Friday, so the materials for Oldenburg and Mueting were not immediately made available. State Sen. John Cavanaugh of Omaha, vice chair of the General Affairs Committee, said he looks forward to the confirmation hearings but is 'skeptical' of Pillen's sincerity in helping voters. 'I will keep an open mind, but any attempt to restrict what the voters passed through bureaucratic red tape should be opposed vigorously,' Cavanaugh said in a text. 'In the meantime, the Legislature should pass LB 677 to make sure that medical cannabis is legal, safe and accessible in Nebraska.' Part of Pillen's Friday announcement mentions 'operational funding' already appropriated to the Medical Cannabis Commission, but when the next two-year state budget passed Thursday, new funding was limited. The Appropriations Committee offered an annual $30,000 each of the next two fiscal years for employees in the Liquor Control Commission, who take on additional duties under the new laws. In comparison, the Liquor Control Commission has a $2 million annual budget, including for enforcement of regulations for compliance. There is no additional funding for the remaining two months of the current fiscal year. The Department of Administrative Services can provide limited financial support to agencies crafting regulations, but the Governor's Office could not immediately provide specifics. Hansen's LB 677 is expected to be filibustered at each stage of debate, at a maximum of eight hours on Tuesday. If so, it would require 33 votes to advance and become law at the end. Hansen said that considering Oldenburg and Mueting are 'both openly staunch anti-medical cannabis people, you can only assume the direction on maybe where they're going to go with the implementation of this.' 'If we don't do anything, we have no idea what to expect,' Hansen said. Holdcroft said he would support Hansen and LB 677 by arguing in favor of a 'compromise' amendment to the bill, which gives an extra three months for regulations, prohibits smoking and outlines qualifying conditions. Pillen previously told the Examiner that cannabis wouldn't be approved in a form that could become recreational. 'My advocacy for it is that if you have a medical condition [and] you need it, you'll get it, but it's going to taste like crap,' Pillen said last month. 'It's going to be a bitter pill to swallow.' Also on Tuesday, Lancaster County District Judge Susan Strong will consider oral arguments on whether to dismiss a lawsuit that argues the voter-approved medical cannabis laws are unconstitutional because of federal laws outlawing marijuana. Nebraska Attorney General Mike Hilgers, whose office is defending Pillen and other state officials, fundamentally opposes medical cannabis. He is asking that the case be dismissed, as are the regulatory commissioners and the ballot measure sponsors. The reason is specific: Hilgers' staff argues that the Attorney General's Office and not a private citizen should be the one to challenge the laws. LB 677 also presents a different threat to a pending appeal to the Nebraska Supreme Court, including from Hilgers' office, alleging signature fraud in the medical cannabis ballot measures. Strong rejected those arguments in November and upheld the ballot measures. The AG's Office and a former state senator who brought both cases before Strong appealed. Because LB 677 would provide additional legislative weight to the 2024 ballot measures, Hilgers and other advocates have acknowledged it could nullify or weaken the pending appeal. Hilgers has said he should get a 'fair fight' in front of the high court. He has also pledged to sue the new commission if it issues any medical cannabis licenses in the future, too. With Pillen's announcement, he joined the likes of Hilgers and U.S. Sen. Pete Ricketts, R-Neb., who have argued that lawmakers should wait and pass no cannabis-related bills this year. Said Strimple: 'Governor Pillen does not believe it is necessary for LB 677 to pass because with existing statutory authority and resources, the Medical Cannabis Commission will have everything it needs to effectively do business.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
12-05-2025
- Politics
- Yahoo
Why is Nebraska mulling changes to voter-approved medical cannabis laws? It's complicated
State Sen. Ben Hansen of Blair, center, speaks with Nebraskans after the third and final lawmaker-hosted public forum on medical cannabis, in Lincoln. May 5, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — The most common question many Nebraskans have asked of state lawmakers considering legislative regulations for new medical cannabis laws is, 'Why?' At a series of public forums this month in La Vista, Omaha and Lincoln, some supporters of medical cannabis asked why state senators were even entertaining Legislative Bill 677 a half-year after Nebraskans approved legalizing and regulating medical cannabis. Voters overwhelmingly approved two ballot measures last November. The one to legalize medical cannabis secured 71% approval. A companion regulatory measure won with 68% of the vote. The answer to why lawmakers are considering changing those laws largely has to do with setting aside state funds for the new regulatory commission voters approved and setting up additional guardrails in the face of bureaucratic and executive branch opposition to medical cannabis, limits on how much a ballot measure can accomplish in a single vote and continued legal challenges. Hansen has repeatedly said the way Nebraska handles medical cannabis could become the 'wild west' if the Legislature doesn't pass LB 677, largely because of the lack of funding. 'We will essentially have nothing in the State of Nebraska,' Hansen told reporters last week. 'You want to talk about denying the will of the voters, turning a blind eye to a ballot initiative that actually helps some individuals in the State of Nebraska who really need help? That's undermining the will of the voters.' Nebraska Attorney General Mike Hilgers, who opposes medical cannabis and has supported efforts to stop the bill from being implemented, has argued that allowing the laws to take effect as-is would be better for the 'will of the people,' which Hansen rejects as 'false hope.' The sponsors of the medical cannabis ballot measures in Nebraska support Hansen's LB 677. Among the top concerns for the new voter-created Nebraska Medical Cannabis Commission, which has sole regulatory authority over medical cannabis, is getting the regulatory process moving so physicians can recommend the medicine and patients can legally buy it in the state. While voters passed a regulatory measure setting a July 1 deadline to set new regulations and an Oct. 1 deadline to start licensing medical dispensaries, dispersing state funds is a power reserved to the Nebraska Legislature. This means the new regulators have no funding set aside for the new commission through the end of this fiscal year, June 30. The proposed state budget for the next two years would earmark an additional $30,000 for any Medical Cannabis Commission work taken on by Nebraska Liquor Control Commission employees. When voters approved creating the Medical Cannabis Commission, they assigned those additional duties to the three commissioners on the Liquor Control Commission. But the state budget creates no new and separate line item for the Medical Cannabis Commission. LB 677 provides a path to getting the commission more funding, though how much will be difficult in the face of a major projected budget deficit. The bill would also explicitly allow the commissions to share staff and resources. Nebraska attorney general steps up medical cannabis opposition, regulatory bill awaits debate Hilgers has argued the Medical Cannabis Commission should be drafting regulations anyway, despite a late March court filing from the commissioners that they have 'no ability to carry out any duties' outlined in the new laws without funding, such as creating open meetings notices or paying staff. As of March, that meant no meetings. No deliberations. No votes. No employees. No regulations. Some state lawmakers have also questioned an assertion from Hilgers, a former speaker of the Legislature, that the Liquor Control Commission could expend its already appropriated funds to regulate cannabis and then request those funds be reimbursed next year. Some senators question whether doing so would be allowed. The Legislature might not approve such a reimbursement, and Hilgers' office has vowed to sue the commissioners if they begin to license medical cannabis dispensaries anyway. LB 677 continues to face opposition from some state senators who look to Hilgers' ongoing and pledged legal challenges against the underlying cannabis laws as a reason for hesitancy. However, passage of LB 677 could weaken and possibly nullify a pending appeal to the Nebraska Supreme Court, led by Hilgers and a former state senator who has long opposed marijuana. Hilgers speculated last week that if LB 677 passed, 'it makes our job a lot more difficult to what we think should be a fair fight' in front of the Nebraska Supreme Court. His office has alleged widespread fraud in the ballot measure campaign, which organizers have denied and a Lancaster County District Court judge widely rejected in November, after voters had weighed in. The appeal from Hilgers' office argues that because the district court judge found at least some signatures from four notaries that should not have been counted — not enough to disqualify the petitions — as grounds for the thousands of signatures collected by those notaries to lose a 'presumption of innocence,' and require the campaign to 'cure' those signatures. None of the four targeted notaries have been criminally charged, Hilgers confirmed last week. 'Take away this pain': Families speak on proposed Nebraska medical cannabis regulations Should any medical cannabis dispensaries be licensed, Hilgers' office has planned to argue that the laws are preempted by the federal government, which continues to classify marijuana as a dangerous drug with no medical value. However, there have been steps under the Biden administration and now the Trump administration to reclassify the drug. Dozens of other states have implemented medical or recreational marijuana programs. 'I think two plus two is four, even if everyone else says two plus two is five,' Hilgers said last week. LB 677 would also provide immunity to health care practitioners who recommend medical cannabis to patients. Under Current law, Hilgers has said he would consider such recommendations a potential 'ethical violation' that could lead his office to investigate whether a recommending medical provider should lose a medical license. The Nebraska Medical Association, in a written comment letter for LB 677 earlier this year, voiced support for the measure's additional protections for medical providers. Securing the votes to get LB 677 out of the General Affairs Committee has required adding on a list of qualifying conditions, which excludes post-traumatic stress disorder, and prohibiting smoking as a permissible form of using medical cannabis. Under the original ballot measure, a patient or their caregiver only needed to get sign-off from a health care provider to use medical cannabis in any form, including smoking. While some senators and Hilgers argue smoking has never been a form of medicinal use, Nebraskans lined up one week ago to say that when they voted in November, they did so thinking all Nebraskans with a medical need could use cannabis in whatever form best worked for them. Some said they wouldn't have voted for the ballot measures otherwise. LB 677 would also amend the 5-ounce limit to state that no more than 2 ounces of that amount can be dried flower or bud, which could be manufactured into edibles, tinctures, ointments or other products. It would also add sales taxes to medical cannabis and direct tax revenue to property tax relief. Hansen has told supporters that while PTSD, for instance, was left out as a 'negotiating factor' to get the bill out of committee, the bill remains a 'moving target.' State Sen. John Cavanaugh of Omaha, vice chair of the General Affairs Committee, has already filed amendments to add PTSD or to leave all conditions up to a patient and their physician. 'Medical cannabis is legal,' Cavanaugh said. 'We need LB 677 to make it accessible and safe.' Some Nebraskans have voiced concerns that leaving all regulations up to the Medical Cannabis Commission, as current law does, could lead to more restrictions than under LB 677. Part of the reason is that the governor's two at-large appointments to the commission have opposed legislation concerning medical cannabis. One appointee opposed LB 677 at its March hearing. Why weren't all guardrails considered or presented to voters in November? In part, because the Nebraska Constitution's 'single subject' requirement for ballot measures limits what could be presented to voters to begin with. The ballot measures sought and created new state laws, rather than constitutional amendments, giving the Legislature the ability to amend the provisions with at least 33 votes, or a two-thirds majority. It was the third campaign in six years after numerous legislative bills stalled. Some Nebraskans have also drawn connections between LB 677 and pending legislative efforts to water down voter-approved minimum wage increases and paid sick leave requirements. Unlike those measures, medical cannabis supporters have partnered with Hansen. However, the trade-off in going through the Legislature is the necessity of garnering at least 33 votes, which on this issue would likely require all 15 Democrats, one progressive nonpartisan and 17 Republicans in the officially nonpartisan Legislature. The result would be stricter than at the ballot box, but supporters say it could be the best path forward for implementing the law. Hansen and campaign officials have said LB 677 presents an 'opportunity' to examine the medical cannabis programs in other states and create the best one for Nebraska. Hansen, a Republican with a Libertarian bent, has told supporters to share their stories and photos, mostly with his Republican colleagues, to get 33 votes. He said he's telling his colleagues to pass LB 677 and regulate medical cannabis, or the voters will end up legalizing recreational marijuana. State Sen. Jared Storm of David City, a lead opponent to Hansen's LB 677 who already views it as recreational, said he and others will prepare to fight the bill, if it is scheduled, to its max eight hours during first-round debate, which he said will be 'very divisive' and 'very tumultuous.' Lawmakers are running out of time as they are set to adjourn June 9. At a recent public forum, Hansen said incremental progress is showing 'the world hasn't ended' before lawmakers can return and expand LB 677. 'We're not going to eat 100% of the apple,' Hansen said. 'We get 75%, 80%, make sure the people who need it, you get it.' Nebraska Medical Cannabis Regulation Act (the voter-approved current law), in effect since December 2024 Allowable possession — 5 ounces of cannabis, no matter the product, with a health care practitioner's recommendation. Possible penalties — Qualified patients or caregivers are immune under state or local law. Permitted forms of use — Any, including smoking. Recommending practitioner — Any licensed physician, osteopathic physician, physician assistant or nurse practitioner, in Nebraska or elsewhere, practicing in compliance with state law. Patient/caregiver tracking — None. Products tracking — None. Dispensaries — No limit. Qualifying conditions — Any, as recommended by a physician. Sales taxes — None. Additional restrictions — Existing law, such as driving under the influence or prohibitions on smoking in public indoor spaces. Other regulations — Determined by Nebraska Medical Cannabis Commission, the same three commissioners as the Nebraska Liquor Control Commission (all gubernatorial appointees) and up to two additional members appointed by the governor. Regulatory deadline — July 1, 2025. Licensing deadline — Oct. 1, 2025. Legislative Bill 677 with AM 1251, pending in the Nebraska Legislature 2025 Allowable possession — 5 ounces of cannabis, but no more than 2 ounces of which can be cannabis flower or bud, with a health care practitioner's recommendation. Possible penalties — Qualified patients or registered caregivers are civilly and criminally immune, including citation, arrest or prosecution. Health care practitioners are given similar protections, including for their licensure, if discipline is 'solely' because the doctor recommends cannabis or states that a patient is likely to benefit from medical cannabis. Permitted forms of use — Any, but not smoking. Recommending practitioner — A physician, osteopathic physician, physician assistant or nurse practitioner who primarily practices in Nebraska or an out-of-state practitioner who has treated the patient for at least 6 months. Patient/caregiver tracking — A registry system through the Nebraska Medical Cannabis Commission, including an application fee up to $45, valid for two years. Products tracking — 'Seed-to-sale' tracking of products and use of the state's prescription drug monitoring program, which is used for fentanyl or opioids, for example. Dispensaries — Up to 30 dispensaries, split 10 each per congressional district. Qualifying conditions — 15 conditions, created with the Nebraska Medical Association. Additional guidelines — Existing law, such as driving under the influence or prohibitions on smoking in public indoor spaces, plus: Cannabis must be grown, tested and distributed in Nebraska. Independent testing for contaminants (toxins, heavy metals or microbes). Products can't be made to look appealing to children and they must have clear labels, childproof packaging and warnings. No dispensary, growing facility or manufacturer can be within 1,000 feet of a college campus, alcohol or drug treatment center, school or daycare. Restrictions on cannabis use in the workplace or at schools. Prohibits the sale of cannabis mixed with nicotine or alcohol. Other regulations — Determined by Nebraska Medical Cannabis Commission, the same three commissioners as the Nebraska Liquor Control Commission (all gubernatorial appointees) and up to two additional members appointed by the governor. At least one outside appointee must be a health care practitioner. Regulatory deadline — Oct. 1, 2025. Licensing deadline — March 16, 2026. Sales taxes — 5.5 cents per $1 purchase, plus local sales taxes. State sales taxes collected are directed to property tax relief. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
08-05-2025
- Politics
- Yahoo
Nebraska attorney general steps up medical cannabis opposition, regulatory bill awaits debate
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways Nebraska Attorney General Mike Hilgers, center, leads a news conference against Legislative Bill 677 that seeks to help implement medical cannabis regulations in the state. About a dozen law enforcement officials joined against the legislation as it awaits full legislative debate. May 7, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska Attorney General Mike Hilgers escalated his opposition to legislative efforts to help implement medical cannabis Wednesday, parading out more than a dozen law enforcement officers who support his stance. At a Wednesday news conference, Hilgers blasted Legislative Bill 677, from State Sen. Ben Hansen of Blair, asserting that the effort to build a regulatory framework around voter-approved medical cannabis is nothing more than a path to recreational marijuana that he argued would 'supercharge the black market.' As he has already said this year, he urged lawmakers to wait until at least January, as he continues challenging in court the laws that voters approved last fall. 'This is not about the will of the people,' Hilgers, joined by various sheriffs, said of LB 677. 'This is going to make Nebraska less safe, more dangerous. It's going to handcuff the good men and women here that are in front of you and all their colleagues around the state.' Coming Friday Families, advocates speak out on pending medical cannabis regulations. Hansen, other lawmakers and supporters of the 2024 ballot measures have already indicated that they have no intention to wait. They argue that without LB 677, the voter-approved laws could become the 'wild west' or prevent Nebraskans who need cannabis the most from accessing it. The voter-approved laws allow up to 5 ounces of medical cannabis with a physician's recommendation. In effect since December, the laws passed in November with 71% voter approval. A new Nebraska Medical Cannabis Commission is set to write new regulations around the laws, part of a companion ballot measure that passed with about 68% approval. 'Our fight remains' Hansen told reporters after Hilgers' news conference that LB 677 being recreational 'couldn't be farther from the truth' and that 'turning a blind eye' to the ballot measure would hurt voters. 'That would be like saying we're providing recreational opiates or recreational fentanyl,' Hansen said. 'We don't do any of that.' 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) Crista Eggers, executive director of Nebraskans for Medical Marijuana, said there was 'no greater hypocrisy' than Hilgers' telling the Legislature to respect the will of the voters 'after actively working to undermine it at the ballot box, in the courts and within the Legislature itself.' Eggers, who led the 2024 ballot measure, the third campaign for the group, said Hilgers' actions were primary reasons why medicinal cannabis continue to be out of reach for many. 'Our fight remains as it always has: as a voice for Nebraska patients — real people in our communities who are suffering,' Eggers said in a statement. 'As long as patients like Will, Brooke, Jayen, Kyler, Colton, and countless others are suffering, you have our unwavering commitment: We will never stop fighting.' Regulations remain in limbo Hansen and State Sens. Rick Holdcroft of Bellevue and John Cavanaugh of Omaha, chair and vice chair of the Legislature's General Affairs Committee, hosted three town halls this weekend, in La Vista, Omaha and Lincoln, receiving feedback on LB 677 and a new amendment. It was that new amendment, AM 1251, that got LB 677 out of committee in a 5-3 vote last week after earlier stalling in committee. The 124-page amendment makes various changes to the laws but is intended to put in place various regulations and safeguards around the new Medical Cannabis Commission. An attorney for the commission has said in court filings that, without the follow-up legislation, commissioners have 'no ability to carry out any duties' set forth in the new laws. As of late March, no meetings. No deliberations. No votes. No employees. No regulations. State Sen. Ben Hansen of Blair, left, listens as Speaker John Arch of La Vista addresses the Nebraska Legislature. July 26, 2024. (Zach Wendling/Nebraska Examiner) LB 677, with the amendment, would move the process forward, giving the commission more time to act, through Oct. 1 rather than July 1, but also more guardrails. As it stands, the Nebraska Medical Cannabis Commission within the executive branch and its five governor-appointed members would get full rein over regulations, which could set up a system more restrictive than LB 677 or its amendment. Hilgers, whose office is defending other state officials in that same lower-court case against the voter-approved laws, said of the commission's position: 'We think they're wrong.' 'If they're taking that position, then they're contrary to the law and to the will of the people,' Hilgers said. However, those comments came as Hilgers and his staff await the commission's regulations and the eventual licensure of medical dispensaries. When that happens, Hilgers' office has threatened to bring a new lawsuit. Core criticisms Among Hilgers' main concerns is that LB 677 would restrict the sale of cannabis flower, up to 2 ounces, a 'gigantic loophole' he said would open the door to smoking. While LB 677 prohibits smoking, he said allowing flower 'is like saying you can buy the beer, you can bring the beer home, you can put the beer in your refrigerator, but whatever you do, just don't drink the beer.' The ballot measure legalized 5 ounces of cannabis 'for all parts' of the cannabis plant, including flower, which can be ground into joints or blunts. It can also be processed to be used in vaporizers, edibles, tinctures, creams and more, which would be allowed under LB 677. Nebraska Attorney General Mike Hilgers holds up an amendment to Legislative Bill 677 that seeks to help implement medical cannabis regulations. Hilgers led a news conference with about a dozen law enforcement officials against the legislation as it awaits full legislative debate. May 7, 2025. (Zach Wendling/Nebraska Examiner) Hilgers also criticized that in a list of 15 qualifying conditions in LB 677's amendment, the proposal would allow medical cannabis for certain serious medical conditions or chronic pain, which he said would blow the list 'wide open.' The list was created a few years ago with the Nebraska Medical Association. The list does not currently include post-traumatic stress disorder. The ballot measure legalized cannabis for all conditions with a practitioner's recommendation. Also on the list of criticisms is that LB 677's amendment would not allow anyone to go after medical practitioners for recommending cannabis, and there would be little process to take away a patient or caregiver's practitioner-approved card, also a new system in LB 677. Hilgers said his office plays an 'enormously critical role' in ensuring health professionals follow their license. However, he said if a health care practitioner recommends cannabis to a pregnant woman, whose pregnancy ends in miscarriage or fetal development disability, or someone with a history of mental health challenges commits suicide or murder, the state needs leeway to act. Asked by a reporter whether disciplinary action would be on a case-by-case basis, Hilgers said sometimes yes, but he acknowledged that all physicians who recommend cannabis could be at risk, which comes as the state continues to face health care staffing shortages. He said it's an 'ethical violation' to encourage patients to break federal law. 'All health licensure is at risk of revocation, except in this case, if this bill were passed,' Hilgers said. Hilgers, while telling reporters he didn't want to speculate, talked about hypothetical scenarios in which patients or caregivers could start to accumulate 'pounds' of cannabis and sell it to friends or neighbors. No matter LB 677 or the ballot measure, that would be illegal. State Sen. John Cavanaugh of Omaha speaks with reporters after the core legislative proposal seeking to help implement medical cannabis stalls in committee. April 17, 2025. (Zach Wendling/Nebraska Examiner) Hilgers rejected a reporter's question that he was 'punishing' anyone or using supposed bad actors to argue against medicinal cannabis generally. Hansen and Cavanaugh have said that preventing the 'black market' starts with reasonable regulations. That includes seed-to-sale tracking and using the state's prescription drug monitoring program, used for drugs such as opiates or fentanyl, Hansen said. Opposition largely with ballot measure LB 677 and its amendment would be able to identify issues in Nebraska's program within 'about two seconds,' Hansen said, while providing new resources and guidance to law enforcement. Cavanaugh, a lawyer, noted that nearly all of Hilgers' criticisms were of the ballot measure, not LB 677. More than 300 people attended the weekend events, Cavanaugh estimated, and 97 speakers (some repeats across the three events) spoke to a bipartisan group of 13 senators. Cavanaugh said it is 'disingenuous' to organize opposition at this 'late hour' but not work with Hansen or the General Affairs Committee beforehand. Now, Cavanaugh said Hilgers' goal is to stop the legislation from passing at all. 'He's losing in the courts and trying to win in the Legislature,' Cavanaugh said. Hilgers also sent a letter to Speaker John Arch of La Vista, who could schedule LB 677 for debate later this month after the state budget passes. Hilgers served as speaker before becoming attorney general two years ago. Lancaster County Sheriff Terry Wagner speaks against a legislative proposal for additional medical cannabis regulations through Legislative Bill 677. Wagner in 2020 helped toss a previous ballot measure off the ballot in front of the Nebraska Supreme Court. May 7, 2025. (Zach Wendling/Nebraska Examiner) Arch confirmed he had read the letter and said it would have no effect on scheduling LB 677 for debate. At the news conference, Lancaster County Sheriff Terry Wagner said LB 677 was 'purely' recreational marijuana 'masked' as medicinal. Sarpy County Sheriff Greg London said it was a 'red herring to get into full-fledged recreational marijuana.' Joining the letter were Sheriffs Neil Miller (Buffalo), Colin Caudill (Otoe), Robert Sorenson (Cass), Dwaine Ladwig (Polk), Shawn Messerlie (Colfax), London (Sarpy), Tom Decker (Dixon), Mark Overman (Scotts Bluff), Aaron Hanson (Douglas), Mike Vance (Seward), Lynn Lyon (Johnson), Mike Robinson (Washington), Wagner (Lancaster), Paul Vrbka (York) and Brent Lottman (Nemaha). Vrbka also signed on behalf of the Nebraska Sheriffs Association as president, as did Police Chief Kenny Denny on behalf of the Police Chief Association of Nebraska. Gov. Jim Pillen, speaking with the Nebraska Examiner last week, declined to comment on LB 677 other than to say cannabis wouldn't be approved in a form that could become recreational. 'My advocacy for it is that if you have a medical condition [and] you need it, you'll get it, but it's going to taste like crap,' Pillen said. 'It's going to be a bitter pill to swallow.' 'Think with the heart' If lawmakers do not act, Hansen has said Hilgers' actions could inadvertently lead to recreational marijuana in a different ballot measure. At the public forums this weekend, Hansen discussed that lawmakers might not be able to get at the 'full apple' but would work to get 75%, 80%, and expand legislation in the future. He asked those in attendance Sunday if they would support recreational marijuana on the ballot if LB 677 failed and medicinal marijuana remained out of reach. Of dozens of people in attendance, nearly every single one raised their hands. Hansen has asked Nebraskans to share their stories, particularly with his Republican colleagues, to help LB 677. He estimated it could be scheduled for debate shortly after the state budget is passed, which must be done by May 15. The Legislature is set to adjourn June 9. 'We're so kind of caught up sometimes in the minutia of this bill and the taxing and the regulation, which is good, but we sometimes forget about the people actually going to use this,' Hansen told reporters. 'We need to think with the heart a little bit here as well as our head.' Nebraska Attorney General Hilgers discusses future, stance on medicinal cannabis Nebraska Attorney General Mike Hilgers, in a one-on-one interview with the Nebraska Examiner on Wednesday, said he recognizes that voters are angry with him over his continued opposition to medical cannabis, including in the courts and at the Legislature. Hilgers said he recognizes separation of powers between the branches of government but views himself as the state's voice for law enforcement officers and said it's his duty to speak up. 'I'm a big boy. It doesn't bother me,' Hilgers said of opponents. 'I've gone through the wars. What people way to say they want to say.' While some view his actions as 'just political,' Hilgers said, if that's true, 'it's not a very good political decision' because 70% of voters legalized medical cannabis. He said most politicians base 'political decisions' on the winning side of 70-30 issues, but 'that is not what I ran on.' 'I could not go to my grave looking backward at the work that I did, whether it's in the Legislature or here, and having that kind of a consideration for me not to do the right thing,' said Hilgers, a former six-year member of the Legislature. 'And in this case, I think it's the right thing.' Attorney General Mike Hilgers. (Zach Wendling/Nebraska News Service) Dozens of other states have legalized medical cannabis, which Hilgers said is part of the reason voters are frustrated. He said it's an 'abject failure' of the feds to not follow the law they created. 'I think two plus two is four even if everyone else says two plus two is five,' Hilgers said. Hilgers said his 'heart goes out' to anyone in pain who feels they can't access something that they feel could alleviate the hurt. But he also asked 'what about' those whose lives have been 'ravaged' by drug use or Nebraskans harmed by marijuana-like products, including a wife who had to call law enforcement on her husband who 'lost his mind' and a man in a southwest Omaha neighborhood this week who ran around without any clothes saying he was going to kill people. Hilgers said he is also working to uphold the 'integrity' of the ballot measure process with his work, referencing his office's efforts to decertify the medical cannabis ballot measures last year alleging widespread fraud. Those legal arguments were rejected in Lancaster County District Court last, and Hilgers is appealing to the Nebraska Supreme Court. Of four targeted campaign notaries in that case, Hilgers confirmed none have been charged or convicted. Campaign officials have denied wrongdoing. 'People might be upset today. They might be upset in 10 years,' Hilgers said. 'But at the end of the day, it's a principle that matters for all of us, and that's what I'm defending.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
01-05-2025
- Health
- Yahoo
Medical cannabis regulations advance from Nebraska legislative committee
Supporters of medical cannabis helped two measures reach the 2024 general election ballot, Initiatives 437 and 438. Some spoke during a public hearing at the University of Nebraska at Omaha on Oct. 25, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — A legislative bill designed to help implement medical cannabis in Nebraska narrowly advanced from committee Thursday in the waning days of the 2025 session. Legislative Bill 677, from State Sen. Ben Hansen of Blair, advanced 5-3 from the General Affairs Committee. It would set up a clearer state regulatory scheme for the medical cannabis system that voters overwhelmingly approved in November. Just two weeks ago, the bill failed to advance 3-5 after no committee member tried to adopt a narrowing amendment. A new 'compromise' amendment adopted Thursday passed with one major change: up to 2 ounces of cannabis flower or bud could be sold to a qualified patient or caregiver. Smoking would not be allowed, and post-traumatic stress would not be a qualified medical condition, similar to the most recent version of LB 677 from Hansen. The latest changes won over conservative State Sens. Rick Holdcroft of Bellevue and Stan Clouse of Kearney, who voted to advance the bill with three Democrats, State Sens. John Cavanaugh of Omaha, Dan Quick of Grand Island and Victor Rountree of Bellevue. State Sens. Bob Andersen of north-central Sarpy County, Barry DeKay of Niobrara and Jared Storm of David City, all Republicans in the officially nonpartisan body, again opposed LB 677. Hansen, a Republican, said Thursday's action is the 'first step of a few to move the ball forward, but instead of it being stagnant, it's like you finally gave it a kick.' Crista Eggers, executive director of Nebraskans for Medical Marijuana, whose son would benefit under the law, said LB 677's advancement to the legislative floor was an 'extremely huge win' for patients and advocates who have fought for more than a decade for the measure. That timeline includes three ballot campaigns, multiple court cases and numerous legislative bills, including the most recent bill in 2021, which stalled by one vote. 'I think today we saw that the determination and the grit and the hurdles and the setbacks, they've all been worth it,' Eggers told reporters. 'We are extremely happy.' Hansen has said getting LB 677 passed this spring is critical to prevent the 'Wild West,' as it's unclear what would happen without state funds or clearer enacting legislation for the new Nebraska Medical Cannabis Commission that voters also created. The law allows patients to possess up to 5 ounces of medical cannabis with a physician's recommendation. The Legislature's budget-writing Appropriations Committee plans to provide an extra $30,000 to the Nebraska Liquor Control Commission, at the executive director's request, to cover additional duties that his staff will jointly take on with the Medical Cannabis Commission. The three commissioners on the Liquor Control Commission also serve on the Medical Cannabis Commission. LB 677, as amended, would explicitly allow commission staff to share resources in carrying out each group's respective responsibilities. Storm and Andersen again led opposition to LB 677 during a committee meeting over concerns it represented 'big marijuana' and that the proposal, as advanced, essentially enables recreational marijuana, which Hansen denies. Andersen called the latest iteration of LB 677 among the 'most liberal' and asked how lawmakers could rectify LB 677 with the position of Nebraska Attorney General Mike Hilgers that the Legislature should not act on any medical marijuana legislation. Holdcroft and Cavanaugh, the chair and vice chair of the General Affairs Committee, repeatedly pushed back and said they had to do something for the voters and that Hilgers' opinion was just that, an opinion. Part of the concern is that passing LB 677 could nullify the pending appeal to the Nebraska Supreme Court over whether the ballot measures should have been allowed to be voted on. In Lancaster County District Court, Hilgers lost. This week, in an interview with Nebraska Public Media, Hilgers described the situation as a 60-yard or 65-yard game-winning field goal when there was 'clearly' an offensive player offside or who had a false start, or some other penalty. In his analogy, Hilgers is the referee. 'It has to be done the right way or it shouldn't count,' Hilgers said in that interview. Holdcroft in March, questioning a representative of the AG's Office opposing LB 677 at the bill's public hearing, said he felt Hilgers 'wants us to keep this law stupid, where he can find some loopholes in it and make it illegal.' 'The Legislature just isn't that kind of body,' Holdcroft said at the time. DeKay questioned whether LB 677 could lead to the 'black market,' because of a patient's immunity from possessing cannabis regardless of the source. Hansen's bill would tax medical cannabis the same as other products — 5.5 cents per $1, prior to local sales taxes. Cavanaugh, a lawyer, said black markets thrive on uncertainty and that if DeKay, Andersen or Storm wanted to stop that, then they should support LB 677. 'I am in favor of this because the voters voted for it, and this makes it safe, regulated and accessible,' Cavanaugh said, though he said he wished the bill also allowed PTSD as a qualifying condition. Clouse indicated that he still would have some amendments coming to the bill — the specifics of which he didn't share. He has said he wants to allow the governor to appoint up to two more outside members in addition to the two he can already appoint. The governor also already appoints the three commissioners to the Liquor Control Commission. Outside appointees, Clouse said, could perhaps include law enforcement or supply chain representatives. LB 677 would require at least one appointee to be a health care practitioner. Members would serve six-year terms. Gov. Jim Pillen this week appointed Lorelle Mueting, the prevention director of Heartland Family Service, which, among other things, connects people to substance abuse treatment, and Dr. Monica Oldenburg, an anesthesiologist, to the commission. Both women opposed recent medical cannabis proposals in Nebraska, Oldenburg in 2019 and Mueting in March. The General Affairs Committee will host hearings on the appointments this session. At one point during the sometimes contentious afternoon meeting, Holdcroft said he wasn't going to convince Andersen or Storm and called the vote. Holdcroft said the full Legislature deserved to be able to debate LB 677, with a chance of passage. Other changes advanced as part of the amended LB 677, from what voters decided in November, include limiting a qualified 'health care practitioner' to licensed physicians, osteopathic physicians, physician assistants or nurse practitioners and practitioners. Medical providers could not recommend cannabis unless they have treated the patient for at least six months or if the provider primarily practices in Nebraska. Currently, a provider just has to be licensed anywhere in the country and follow the law to write a recommendation. Under existing statute, which has been the case since December, Nebraskans can use medical cannabis with a doctor's recommendation for any ailment. The amendment would limit 'qualifying medical conditions' to 15 ailments, similar to a list drafted by former State Sen. Anna Wishart of Lincoln with the Nebraska Medical Association on a previous bill: 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. Acceptable forms of cannabis would include edibles, concentrates, ointments, transdermal patches or creams, nebulizers and vaporizer cartridges or pens. Products intended for smoking, such as bongs or joints, could not be sold. Andersen and Storm said Nebraskans would just buy the flower or bud and make joints, which Cavanaugh and Holdcroft said would not be permitted. Eggers, Hansen and Holdcroft all noted the path ahead wouldn't be easy, with Eggers describing it as a 'huge journey' and Holdcroft saying he anticipated an 'uphill battle.' Hansen said that it was still too early to tell whether he could get 33 votes and pass the bill over the finish line. That's the minimum amount of votes needed under the Nebraska Constitution to amend a state law enacted by voters, regardless of a promised filibuster. Unlike other ballot measures this spring, supporters asked for companion legislation to beef up the proposal. Holdcroft said he would argue in favor of the measure but would 'reserve' his vote to see how the debate goes. This Saturday in La Vista, Sunday in Omaha and Monday in Lincoln, Holdcroft, Hansen and Cavanaugh will host public forums for the public to weigh in on medical cannabis. Eggers said Thursday also represented that senators were listening to voters on this issue and encouraged any Nebraskans to get engaged. Much of the next two weeks will be consumed by debate on the state budget. LB 677 is expected to be debated to its maximum debate limit across three stages of debate, lasting a combined 13 hours, leaving a tight timeline for LB 677 to become law. The bill would need to pass by June 2, in case it is vetoed by the governor, who has so far declined to weigh in on the bill but has joined Hilgers in saying the two have reservations. Hansen noted Hilgers' opposition is nothing new but that Hilgers, a former state senator and speaker of the Legislature, is a friend whom he trusts on many things. 'This is just one thing we differ on,' Hansen told the Nebraska Examiner. Hansen continued: 'I think he might know the legalities more than I do, but I know what the people want and what they deserve and what they voted for. We kind of have to meld those two things together somehow.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
29-04-2025
- Politics
- Yahoo
Senators schedule public forums on medical cannabis and pending Nebraska legislation
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 — State lawmakers scheduled three eastern Nebraska public forums this weekend to allow the public to weigh in on medical cannabis and proposed state legislation. State Sens. John Cavanaugh of Omaha, Rick Holdcroft of Bellevue and Ben Hansen of Blair plan to host the series this Saturday in La Vista, Sunday in Omaha and Monday in Lincoln. Attendants will be able to hear updates on the status of medical cannabis legislation, namely Hansen's Legislative Bill 677, and 'share their thoughts.' The schedule is as follows: Saturday, May 3, from 1-3 p.m. at the Carpenters Union Hall in La Vista (10761 Virginia Plaza, La Vista). Sunday, May 4, from 1-3 p.m., at the University of Nebraska at Omaha Thompson Alumni Center (8800 Dodge St., Omaha). Monday, May 5, from 5-7 p.m., at Southeast Community College (8800 O St., Lincoln). The hosts plan to accommodate everyone who wishes to speak during the two-hour events. In November, about 71% of Nebraskans legalized medical cannabis with a physician's recommendation, and 67% of Nebraskans voted for a regulatory scheme. 'Since the legislature has failed to act at this point, I want to give the citizens an opportunity to have their voices heard by their elected representatives,' Cavanaugh told the Nebraska Examiner. Hansen's LB 677 seeks to help the ballot measures build better guardrails, with help from supporters who put the measures on the ballot. His bill would delay full implementation of the regulatory law to give the new Nebraska Medical Cannabis Commission time to craft regulations that, without funding, officials have said is near impossible to get done by the voter-set July 1 deadline or begin licensing by Oct. 1. LB 677 has stalled in the Legislature's General Affairs Committee that Holdcroft chairs. Cavanaugh is the vice chair. Holdcroft, who has said he would support a narrowed LB 677, said he is looking for 'back and forth' at the public forums, such as whether to allow smoking or how many dispensaries should be permitted. At an April 17 meeting of committee members, the committee considered a narrower committee amendment that sought to create a list of qualifying conditions, restrict who can recommend medical cannabis, exclude smoking as permissible for medical cannabis and prohibit sales of natural cannabis flower or bud. None of the eight committee members tried to attach the amendment to LB 677. Advancing the bill as-is failed along ideological lines, 3-5. Five days later, Hansen filed an amendment to add post-traumatic stress disorder as a qualifying condition and allow sales of flower and bud, the latter of which is a line in the sand for Hansen. Hansen also filed what is known as a 'pull motion' that would advance LB 677, with at least 25 votes in the full 49-member legislative body and start the three-round debate. The latest Hansen amendment would not allow smoking. Holdcroft and Hansen continue to discuss whether a path forward in the committee exists. Speaker John Arch of La Vista, who sets the daily legislative agenda, declined to say if he would schedule the pull motion as those discussions continue. Crista Eggers, executive director of Nebraskans for Medical Marijuana, said her team is 'very appreciative' of lawmakers' efforts to give voters a chance to voice their feelings on the issue. 'While we find it disheartening that Nebraskans are being asked to 'clarify their vote,' we hope this final effort makes it clear: Nebraskans support medical cannabis. They knew what they were voting for,' Eggers said. 'They now are demanding lawmakers to uphold the voice of the people.' LB 677 faces a tight timeline and fiscal situation in the waning days of the 2025 legislative session. Debate on the state's budget bills — with a major hole to still fill — is set to begin May 6. The final budget must pass by May 15. Lawmakers are set to adjourn for the year on June 9. Also co-hosting the public forums are State Sens. Ashlei Spivey of Omaha, John Fredrickson of Omaha, Jane Raybould of Lincoln, Victor Rountree of Bellevue, Margo Juarez of Omaha, Machaela Cavanaugh of Omaha, Megan Hunt of Omaha, Myron Dorn of Adams, Merv Riepe of Ralston, Wendy DeBoer of Omaha, Tom Brandt of Plymouth, George Dungan of Lincoln and Danielle Conrad of Lincoln. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
