Latest news with #MikeHilgers
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
06-05-2025
- Business
- Yahoo
California agrees to repeal electric-truck emissions rule; Nebraska led opposition
Nebraska Attorney General Mike Hilgers announces two federal lawsuits against a California regulatory board and the Environmental Protection Agency. May 13, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska's efforts to fight California on new electric-truck mandates and related regulations largely ended Monday with California officials moving to repeal the proposed rules. In a Monday court filing, California Attorney General Rob Bonta and Steve Cliff, executive officer of the California Air Resources Board, pledged to formally scrub from the books the 'Advanced Clean Fleets' rule. The regulations, in part, would have required certain trucking companies to transition to electric trucks over time. Nebraska Attorney General Mike Hilgers and his office led a 17-state coalition with the Nebraska Trucking Association to challenge the California rule. Last May, he said it could prevent Nebraska and other states from doing business in California or reaching its ports. Hilgers on Tuesday, announcing the 'significant victory,' said the 'tide is starting to turn.' 'This settlement is a huge win for everyone in Nebraska, from our outstanding logistics industry that is critical to the Nebraska economy, for consumers who would have faced higher prices, and for the rule of law,' Hilgers said. 'I am grateful for the strong coalition of sister states who joined our fight against this radical mandate.' Gov. Jim Pillen, who joined Hilgers to announce the lawsuit last year, thanked Hilgers for the fight that he said could have raised prices for consumers. 'Our truckers don't need California bureaucrats forcing electric vehicles into their fleets,' Pillen said in a statement. California regulators agreed to repeal the currently blocked rule and wait until it receives a Clean Air Act preemption waiver from the U.S. Environmental Protection Agency. Hilgers had previously led a 24-state coalition to block California from getting such a waiver. In addition to the Nebraska Trucking Association, the Arizona Legislature and attorneys general from the following states joined the lawsuit against California: Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Utah, West Virginia and Wyoming. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-04-2025
- Politics
- Yahoo
Marijuana legalization advocates are the majority. It's time we act like it.
COLUMBUS, Ohio — APRIL 20: A man with a hat depicting a cannabis leaf joins supporters of legalized marijuana gathered to smoke products containing CBD and other cannabis related items, April 20, 2023, outside the Statehouse in Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original story.) Seventy percent of Americans, including majorities of both Democratic and Republican voters, say that marijuana should be legal. Yet far too often, lawmakers choose to either ignore this constituency or treat them with outright hostility. In Republican-led states like Nebraska, Ohio, and Texas, elected officials are making it clear that election outcomes legalizing marijuana no longer matter to them. And in Democratic-led states like Maryland, Michigan, and New Jersey, lawmakers are seeking to undermine existing legalization markets by drastically hiking marijuana-related taxes. In all cases, elected officials are treating cannabis consumers as targets, not constituents. Earlier this year, Republican lawmakers in South Dakota sought to repeal the state's medical cannabis access law, despite 70% of voters having approved it. The effort failed, but only by a single vote. In Nebraska, lawmakers are also considering legislation to roll back the state's voter-approved medical marijuana law — and Republican Attorney General Mike Hilgers has urged lawmakers to ignore the election results altogether. In Ohio, GOP lawmakers in the Senate recently approved legislation to rescind many of the legalization provisions approved by 57% of voters in 2023. Changes advanced by lawmakers include limiting home-cultivation rights and creating new crimes for adults who share cannabis with one another or purchase legal cannabis products from out of state. In Texas, Republican Attorney General Ken Paxton has sued several cities, including Dallas, for implementing voter-approved ordinances decriminalizing marijuana possession. As a result, local lawmakers in various cities — including Lockhart and Bastrop — are ignoring voters' decisions to amend their municipal marijuana policies rather than face costly litigation. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX In Idaho, Republican Gov. Brad Little signed mandatory minimum penalties into law for low-level marijuana possession. And GOP lawmakers have approved a constitutional amendment forbidding voters from weighing in on any future ballot measure to legalize marijuana. And in Florida, where a 2024 marijuana legalization narrowly failed — it received majority support but less than the 60% threshold required under the state law — Republican Gov. Ron DeSantis is leading the charge to make it harder for future petitions to qualify for the ballot. These concerted attacks are an explicit reminder that the war on cannabis and its consumers remains ongoing — and in some cases is even escalating. Blue states haven't made moves to roll back legalization or reverse election results. But several Democratic governors are looking to balance their budget deficits on the backs of consumers. For instance, New Jersey Gov. Phil Murphy has proposed raising the state's marijuana-related taxes nearly five-fold. A Maryland budget proposal seeks to nearly double the special sales tax consumers pay on retail marijuana purchases. And in Michigan, Gov. Gretchen Whitmer has proposed an additional 32% wholesale tax on cannabis. If enacted, these proposed increases will not only lighten consumers' wallets, but they will also hurt state-licensed businesses. As lawmakers push marijuana prices artificially higher, many consumers will exit the legal market and begin patronizing the unregulated marketplace, undermining one of the primary goals of legalization. Regardless of whether you live in a red or blue state, or in a jurisdiction where cannabis is legal or illicit, it's time for legalization advocates to stand up and assert themselves. Cannabis consumers are neither criminals nor ATMs. They're hard-working responsible adults. And they vote. Now is not the time to become complacent or presume that marijuana will somehow legalize itself. Change only occurs when advocates agitate for it — and when elected officials fear political consequences for failing to abide by voters' demands. Those who support legalizing marijuana aren't part of the ideological fringe. They're the majority. It's time for advocates to act like it — and for lawmakers to treat cannabis consumers with the respect they deserve. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Forbes
24-03-2025
- Forbes
Nebraska Attorney General Ramps Up Delta-8 THC Crackdown
Nebraska Attorney General Mike Hilgers has launched a renewed effort to rid the state of unregulated ... More delta-8 THC products, including warning letters sent to more than 100 Omaha retailers last week. Nebraska Attorney General Mike Hilgers last week ramped up the state's crackdown on businesses selling delta-8 THC products, saying the retailers are breaking state law. The attorney general's office sent cease-and-desist letters on Thursday to 104 vape shops, dispensaries and gas stations, ordering them to stop selling products containing delta-8 THC and other intoxicating hemp-derived cannabinoids. 'Today, we have taken legal action against every single store in the Omaha Metro area,' Nebraska Attorney General Mike Hilgers said at a Thursday press conference, according to a report from Nebraska Public Media. 'The stores have 30 days to comply with our terms and take these products off their shelves, like other stores have, or we will sue.' Closely related to delta-9 THC (more commonly known simply as THC), the compound primarily responsible for the classic marijuana 'high,' delta-8 THC is found in small amounts in cannabis plants. Delta-8 THC can also be produced by altering hemp cannabidiol (CBD), which was legalized nationwide with the passage of the 2018 Farm Bill. Delta-8 THC, which has psychoactive effects described as similar to but less intense than delta-9 THC, is the active ingredient in hundreds of unregulated intoxicating products, such as snacks, vapes, beverages and more. Delta 8 products have appeared on store shelves at retailers across the country, including convenience stores, smoke shops, and other businesses. The Nebraska attorney general's office has filed lawsuits against 15 retailers for selling delta-8 products since 2023. A dozen of the retailers have accepted settlement agreements, while the remaining three cases are still pending. Nebraska Attorney General Mike Hilgers The retailers in the Omaha metropolitan area that were sent cease-and-desist letters last week were given 30 days to remove delta-8 and other intoxicating hemp products from their shelves. Those who fail to comply face further action, potentially including criminal prosecution. 'We promised that we would escalate our fight and today are fulfilling that promise. Operating in Nebraska's largest city does not immunize you from the law,' said Hilgers, KOLN television news reported. 'These stores are selling harmful and unlawful products despite being on notice. Because of that, once litigation ensues, we will seek penalties to the fullest extent of the law and will refer for criminal prosecution when necessary.' 'We gave them plenty of warning,' Hilgers added, according to a report from the Nebraska Examiner. 'We thought criminal prosecution was not the right tool. They have decided not to change. Now criminal prosecutions are on the table as well.' While last week's warning letters were limited to shops in the Omaha area, Hilgers promised to expand the crackdown on intoxicating hemp products across the Cornhusker State. 'We're gonna go after every single store selling these products in the state of Nebraska,' Hilgers said. 'As we go over the coming weeks and months, our efforts are only going to accelerate and escalate until we have the entire industry covered.' Hilgers is supporting legislation (LB 316) that would ban all hemp-derived cannabinoids other than CBD, similar to a bill passed by the Texas Senate last week. If the measure passes, the attorney general said he will reconsider his enforcement strategy. Nebraska's hemp industry is opposed to the proposed ban on hemp-derived cannabinoids. Joseph Fraas, the owner of G&G Smoke Shops in Omaha and Lincoln, told the legislature's Judiciary Committee in January that he employs 18 people. A Nebraska delta-8 ban, he said, would 'severely damage' his business. 'If our businesses survive this ban, it is likely that most of our employees and their families will not,' he said at the hearing. 'Not only that, but this bill will destroy millions of dollars in economic activity.'
Yahoo
20-03-2025
- Yahoo
Nebraska AG Hilgers says Delta-8 lawsuits to get costlier, prosecutions coming
Nebraska Attorney General Mike Hilgers. June 30, 2023. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska Attorney General Mike Hilgers said Thursday that he is done negotiating with smoke and vape shop retailers he says are breaking state law by selling candy and other products with Delta-8, a synthetic version of THC. Hilgers has spent the past year and a half trying to persuade and sue retailers into pulling off the shelves what he calls a dangerous, unregulated drug before more people than the half-dozen or so complaints his office has received get hurt. In some of those cases, he has worked with retailers selling the gummies, pouches and other ways to consume Delta-8 products to avoid using the full extent of potential state civil penalties and fines. He's also avoided referring them for prosecution. No longer, he said Thursday. He said his civil attorneys in the AG's Office are sending letters to 35 to 37 owners of 104 stores in the Omaha area demanding the products be pulled from store shelves, or the state will sue for maximum pain. In cases where Delta-8 sales continue or where harder drugs were offered or sold, he said his office would refer any relevant investigative reports to local county attorneys for the filing of possible criminal charges. 'We gave them plenty of warning,' Hilgers said. 'We thought criminal prosecution was not the right tool. They have decided not to change. Now criminal prosecutions are on the table as well. … What they should do is take it off the shelf.' Store owners in previously targeted communities, including Norfolk in northeast Nebraska, have said they felt blindsided by the AG's approach and that they had received little warning until they received the letter threatening legal action. Some negotiated settlements with the AG's Office. Others, Hilgers said, kept selling. Joseph Fraas, who owns G&G Smoke Shops in Omaha and Lincoln, told the Legislature's Judiciary Committee in late January that he employs 18 people and that Nebraska's proposed ban on Delta-8-related products would 'severely damage' his business. 'If our businesses survive this ban, it is likely that most of our employees and their families will not,' he said at the hearing. 'Not only that, but this bill will destroy millions of dollars in economic activity.' Hilgers said retailers' only option now is removing the products from their shelves or paying the price. He said there is no limit to how many lawsuits he would file. For Hilgers, stepping into the state's largest city was an escalation and a warning to retailers in the rest of the state that his patience had been tested. He said the Omaha stores getting letters are already illegally selling products. His allegations are powered by a single-day set of buys at all 104 stores organized by the Douglas County Sheriff's Office. Douglas County Sheriff Aaron Hanson, who attended Hilgers' news conference, said Delta-8 products put people at risk. 'You can't trust drug dealers,' Hanson said of people pushing Delta-8. 'This is an industry that cannot be trusted. We did not find one location that was operating in compliance with the law. … These things are impacting regular people.' Thus far, the AG's Office has filed 15 lawsuits alleging that retailers have violated state consumer protection laws, including on protections from deception and the contents of food. The office said it had settled 12 of the 15. The other three lawsuit remain in progress, the AG's Office said. The lawsuits to date were filed in Platte, Scotts Bluff, Hall, Madison, Lancaster, Sarpy, Lincoln, Saline, Keith and Dawes Counties, a spokeswoman for the AG's Office confirmed. Hilgers, who has pushed since at least 2023 for legislation outlawing Delta-8, said the only thing that will stop his legal filings against store owners is if the Legislature adopts Omaha State Sen. Kathleen Kauth's Legislative Bill 316. That bill clarifies what Hilgers said the law already is in Nebraska. It explicitly bans the sale of products made from Delta-8. Some retailers have argued legalizing hemp allowed products like Delta-8 to be sold under a 'loophole' in the 2018 Farm Bill passed in Congress. 'If the bill passes, we will rethink our enforcement strategy,' Hilgers said. 'If it doesn't pass … Option 2 is what we're doing right now.' Kauth said she had received an email from the mother of a 38-year-old man after the late January hearing for LB 316 who told her that her son had gone into a coma for three days after consuming a product with Delta-8 in it. 'These are dangerous products, and people go into a store and assume that the government has done its job and made sure that they are safe,' Kauth said. State Sen. Jared Storm of David City has prioritized the Kauth bill so it will have a greater chance to reach the legislative floor and be debated. State Sen. John Cavanaugh of Omaha has a competing proposal that would create a new state regulatory regime over hemp-created products like Delta-8: LB 16. Both LB 316 and LB 16 are awaiting action from the Judiciary Committee to advance. Critics of the Nebraska AG and his efforts have said he is scaring people without local research and facts to back up his claims. They compared it to decades of fear built up around recreational marijuana, which Hilgers also opposes. Hilgers acknowledged again on Thursday that he has no hard local numbers for injuries or deaths from Delta-8 and said he has to lean on national data. Much of what the AG's Office shares is anecdotal, he explained. Hanson said he tries to draw a separation between the politics around marijuana and the need to get Delta-8 off of the shelves. Hilgers said some of the same trust issues exist with both and that he continues to believe both remain illegal. 'They are tied … if you can't trust the Delta-8 industry, I'm not sure how you could trust the marijuana industry.' Nebraska Examiner reporter Zach Wendling contributed to this report. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
