Latest news with #NebraskaMedicalCannabisCommission
Yahoo
27-05-2025
- Business
- Yahoo
Committee reconsiders, favorably advances second Nebraska Medical Cannabis Commission appointee
Lorelle Mueting of Gretna, prevention director for Heartland Family Service, testifies before the General Affairs Committee for her potential appointment to the Nebraska Medical Cannabis Commission. May 22, 2025. (Screenshot of Nebraska Public Media livestream) LINCOLN — A legislative committee on Tuesday reconsidered and favorably advanced a second Nebraska Medical Cannabis Commission appointee who had tied in a 4-4 vote last week. In a quick meeting Tuesday, State Sen. Stan Clouse of Kearney flipped his opposition to Lorelle Mueting of Gretna, the prevention director at Heartland Family Service in Omaha. Clouse said he supported advancing Mueting's nomination so the full Legislature could consider her appointment instead of keeping the nomination in the General Affairs Committee. Had the committee not advanced Mueting by the end of the legislative session, scheduled to end June 9, she would have been added to the commission without a vote of the full Legislature. Committee advances Nebraska Medical Cannabis Commission appointees The voter-approved Medical Cannabis Commission is charged with crafting rules and regulations by July 1 so licensing of medical cannabis dispensaries can begin by Oct. 1. Clouse said his original reservations came because Mueting didn't have a 'great' confirmation hearing Thursday. After she spoke, long-time medical cannabis supporters voiced concerns over Mueting. That was contrasted with Dr. Monica Oldenburg of Lincoln, an anesthesiologist, whom Clouse supported in part because he wants someone with a medical background on the regulatory commission. Both nominees eventually advanced 5-3, in a party-line vote between Republicans and Democrats. Oldenburg stayed for the three-hour hearing. Mueting left after three invited witnesses spoke in favor of her appointment. The appointees would need at least 25 votes in the Legislature to be confirmed. They would join the three members of the Nebraska Liquor Control Commission to comprise the new regulatory commission for medical cannabis. Clouse said he wants to keep an open mind before deciding how he'll vote on the appointments. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
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
31-03-2025
- Politics
- Yahoo
Attorneys argue against preemption lawsuit targeting Nebraska medical cannabis law
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 — The new commissioners set to regulate medical cannabis in Nebraska, as well as the ballot sponsors of the successful effort to legalize it in 2024, blasted an ongoing lawsuit against them as 'meritless' and seeking to create a 'false conflict.' In briefs filed Friday, attorneys for the 11 defendants named in the John Kuehn v. Gov. Jim Pillen case explained why they are seeking to dismiss the case. Kuehn, a former state senator, former State Board of Health member and longtime marijuana opponent, filed the case in December. It sought to declare the voter-approved legalization and regulation of medical cannabis unconstitutional. He expanded the case in January to encompass more state officials. The lawsuit's main argument is that the Nebraska laws are unlawful, or preempted, because of the federal Controlled Substances Act. John Kuehn initial lawsuit (filed Dec. 10) John Kuehn amended lawsuit (filed Jan. 10) State officials brief in support of motion to dismiss (filed March 28) Nebraska Medical Cannabis Commission brief in support of motion to dismiss (filed March 28) Ballot sponsors brief in support of motion to dismiss (filed March 28) Typically, cases can only move forward if the party suing can prove direct harm because of the laws, known as 'standing.' Kuehn has conceded he can't prove standing directly, so to get his foot in the door, he is arguing that his case has standing on behalf of the 'taxpayer' or 'great public interest,' narrow paths for certain cases to proceed. The first standard regards the spending of public dollars, while the second argues the matter should be taken up because it is of a 'great public interest' to Nebraskans. The lawyers for five state officials, the three commissioners on the Nebraska Medical Cannabis Commission and the three ballot sponsors said neither type of standing applies to Kuehn. 'There is no 'great public interest' in invalidating a law approved by a massive supermajority of Nebraska voters which will be susceptible to challenge by many,' the attorney wrote for Bruce Bailey of Lincoln, Harry Hoch, Jr. of Omaha and Kim Lowe of Kearney of the Nebraska Medical Cannabis Commission. Kuehn's legal team had no immediate comment on the new filings. His team has until late April to file a response under a briefing order by Lancaster County District Judge Susan Strong. Strong, who ruled against Kuehn in an earlier marijuana-related case, has scheduled an in-person hearing on the motions to dismiss the preemption case for May 20. The sponsors of the medical cannabis ballot measure criticized Kuehn's lawsuit as an attempt 'to flip federalism on its head.' They said Kuehn 'supports an expansive federal government and a weakened state government at the expense of Nebraska voters who just passed two laws by huge margins.' Voters overwhelmingly approved the measure to legalize up to 5 ounces of medical cannabis with a physician's recommendation with 71% support. It secured majority support in all of Nebraska's 49 legislative districts. A second measure to regulate medical cannabis through the newly created commission passed with 67% support, including majority support in 46 legislative districts. Campaign attorneys said the federal government — under presidents from former President Bill Clinton to President Donald Trump earlier this year — has never taken the preemption position. The federal government still lists marijuana as a Schedule I drug, which is defined as having no currently accepted medical use and a high potential for abuse, though the Trump and Biden administrations have taken steps toward reclassifying the drug. The U.S. Department of Justice has also not prosecuted violations of federal cannabis law in states that have legalized marijuana, the ballot sponsors' attorneys wrote. Congress has also annually prohibited the Justice Department from spending funds to prevent states from implementing medical cannabis laws. 'Congress's purpose is the ultimate touchstone in every preemption case, and here, Congress has decided to allow states to enact their own medical cannabis laws,' the ballot sponsors said. Attorney Jason Grams of Omaha, for the commissioners, said that while it is true that marijuana possession, manufacture and distribution are federally illegal, 'that is far from the end of the analysis.' Grams said preemption in this case, as Congress has designed it in the Controlled Substances Act, is implicated when it is 'physically impossible' for a state law to coexist with federal law. In the 39 states that have legalized medical cannabis, including Nebraska last fall, none has been thrown out on federal preemption standards, the commissioners said. 'We simply hold state sovereignty in greater regard than that,' Grams wrote. Lawmakers, advocates mull medical cannabis regs to prevent 'Wild West' in Nebraska Grams represented the Nebraskans for Medical Marijuana campaign in 2020 against a lawsuit brought by Lancaster County Sheriff Terry Wagner. The Nebraska Supreme Court ruled against the campaign and removed the measure off the ballot. The campaign tried again in 2022 and 2024 before succeeding at the ballot box. Ballot sponsors have similarly pointed to the 10th Amendment to the U.S. Constitution, which states: 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.' The AG's Office did not address federal preemption in its motion to dismiss other than to say that 'Kuehn may be correct on the merits of his substantive challenges.' Pillen and Hilgers have both hinted at questions regarding marijuana under federal law. The ballot sponsors said Kuehn is in an 'odd position' of being a Nebraska taxpayer suing 'not to vindicate the rights of his fellow taxpayers but to secure the rights of the federal government.' 'Unlike most taxpayer lawsuits, success for Kuehn would not save taxpayers money — to the contrary, Kuehn's success would decrease tax revenue, thereby increasing the per capita tax burden and harming taxpayers,' the brief states. 'The federal government, not a resident taxpayer, is the interested party.' Another challenge in taking up Kuehn's case now, Grams added, is pending legislation being considered by the Nebraska Legislature, which could render 'moot' the statutes that Kuehn is challenging. He said Kuehn's arguments against the commissioners 'are aiming at a moving target.' The main proposal, Legislative Bill 677 from State Sen. Ben Hansen of Blair, has not yet advanced from the General Affairs Committee. A vote on whether to advance the bill could come this week. The commission also has no public dollars set aside to carry out its duties — no state funds, no donations, no fee revenue, no office, no address, no contact information, no equipment, no staff. 'No ability to carry out any duties set forth in the NMRCA [Nebraska Medical Cannabis Regulation Act],' the brief continues. Up until Friday, with a 'complete lack of resources,' the commissioners have: Executed no contracts. Held no meetings. Advertised for no meetings. Carried on no deliberations. Held no votes. Issued no regulations. Commenced no work on regulations. Sought no office or meeting space. Sought to hire no employees. Began no work on the criteria for licensure. Retained no law enforcement resources. As approved by voters, commissioners must craft regulations for licensure by July 1, which is three months away. Licensing is supposed to begin by Oct. 1. Under a pending bill, those deadlines could be extended and the commission could receive appropriations. Members of the new Medical Cannabis Commission said the argument that the potential use of future taxpayer dollars is enough to move the case forward is 'bunkum,' or nonsense. The ballot sponsors' attorneys said allowing the case to proceed could implicate the 'incidental expenditures' of any state law and could allow any challenge to any law. They said allowing Kuehn to move forward on 'taxpayer standing' grounds 'would effectively swallow the rule — contrary to the Supreme Court's instruction to apply the exception narrowly.' If Kuehn is seeking to prevent someone from appropriating funds, the commissioners said, then Kuehn 'has sued the wrong parties' and instead 'must address his claim to the Legislature.' There's also a technical fight for the commissioners, with Grams arguing that none of the commissioners was properly served as part of the case. Kuehn's mostly out-of-state attorneys sent 'legal threat' letters on Jan. 9, one day before the commissioners were added to the lawsuit, telling them not to enforce the laws. Medical cannabis bill awaits amendment as possible green light to full Nebraska Legislature However, the letter was sent to email addresses that Kuehn 'guessed at' but that the commissioners don't have access to, was mailed to the Nebraska Liquor Control Commission where the commissioners have dual roles at (but is separate) and was left with a woman in the AG's Office, but not with the commissioners. None of the commissioners had seen the legal threat telling the commissioners not to act until 'long after' Jan. 10, the brief states, and Kuehn didn't give 'even a day to consider his demand, if he gave them a chance to review it at all.' In addition to Pillen, the AG's Office is also defending Secretary of State Bob Evnen, CEO Steve Corsi of the Nebraska Department of Health and Human Services, State Treasurer Tom Briese and Tax Commissioner Jim Kamm. The AG's Office said Evnen can't be sued in a duplicative case on the topic. Kuehn continues to appeal his defeated lawsuit against Evnen and the campaign from last September. Kuehn included Corsi arguing that DHHS would need to discipline doctors who recommend cannabis to patients. While DHHS has not issued guidance to physicians as part of the laws, the AG's Office said recommending cannabis would open up Nebraska doctors to discipline. The lawsuit argues that Briese and Kamm could violate money laundering laws if they collect tax revenue from medical marijuana sales, but all three attorney groups said courts have long upheld the collection of such taxes, including on illegal activity. Rather than Kuehn, the AG's Office argued, there is another person who would be better suited to challenge the laws: Nebraska Attorney General Mike Hilgers. Acting Deputy Solicitor General Zachary Pohlman, joining Hilgers in defending the state officials, appeared before the Legislature earlier this month. Pohlman then and again in the latest brief pledged — or in the view of some lawmakers, threatened — to challenge the constitutionality of the laws if the commission licensed medical cannabis establishments. The brief said that a lawsuit was but 'one example' of future action. 'Expanding taxpayer standing to allow a private plaintiff to sue public officials to invalidate statutes that do not harm the plaintiff when the attorney general has pledged to do so himself not only stretches the judiciary's jurisdiction beyond its proper scope,' the brief states. 'It also tramples upon the authority of Nebraska's chief law enforcement officer.' 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Yahoo
04-03-2025
- Health
- Yahoo
Lawmakers, advocates mull medical cannabis regs to prevent ‘Wild West' in Nebraska
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 — The decade-long fight to secure a safe, regulated medical cannabis system in Nebraska could hinge on whether state lawmakers adopt legislation this spring to help implement the ballot measures. Senators and advocates for medical cannabis urged the Legislature's General Affairs Committee to take action this year, before the laws take full effect by Oct. 1. The Monday push came one day after the urging of Nebraska Attorney General Mike Hilgers and U.S. Sen. Pete Ricketts, R-Neb., to delay any legislative action in an op-ed published Sunday in the Omaha World-Herald. Nebraska voters overwhelmingly approved legalizing medical cannabis in November to the tune of more than 71%, passing in all of the state's 49 legislative districts. A second measure, to set up a regulatory scheme through a new Nebraska Medical Cannabis Commission, structured similarly to and including the three members of the Nebraska Liquor Control Commission, passed with 67% support statewide, winning majority support in 46 of 49 legislative districts. 'The bottom line is the people have spoken: They want safe, legal access to medical cannabis,' said State Sen. Ben Hansen of Blair, who is sponsoring a related bill. 'It is our turn to act responsibly, establish clear and reasonable regulations and give the Nebraska Medical Cannabis Commission the tools it needs to oversee this industry safely and effectively.' Hansen said failing to do so would be 'reckless and a direct disregard for the will of the people.' 'We don't want the Wild West,' he testified Monday. Medical cannabis advocates centered their push in favor of Hansen's Legislative Bill 677 and LB 651 from State Sen. Danielle Conrad of Lincoln, two largely similar bills with a few key differences. Testifiers also pushed back on LB 483 from freshman State Sen. Jared Storm of David City, which would limit permissible cannabis forms to pills and liquid tinctures and reduce legalized cannabis from 5 ounces per person with a health care practitioner's written recommendation to 300 milligrams. That would be 0.21% of the voter-approved amount. The Nebraska Department of Health and Human Services opposed the Hansen and Conrad bills, as did the Attorney General's office. DHHS supported Storm's bill while the AG's Office took no position. I think that we slow walk it and we get this right, because if we get it wrong, you let the genie out of the bottle, you're not getting it back in. – State Sen. Jared Storm of David City The Hansen and Conrad bills would delay the start of licensing marijuana establishments from Oct. 1 to after Jan. 1 in the new year. That's largely because the new commission — with no budget and no additional staff — is struggling in crafting the required regulations detailed in the ballot measures. Hobert Rupe, executive director of the Liquor Control Commission, whose members are to oversee implementation of related regulations by July 1, said the current timeline isn't working. Constitutional constraints limit ballot measures from appropriating funds and expansively detailing regulations, multiple testifiers said. Rupe said the result is 'absolutely no way to do this job.' Lawmakers propose regulations to implement Nebraska's new medical cannabis laws Some impacts, he explained, are that the new cannabis commissioners have no funds to pay for a public notice to host a meeting on the regulations and also have no additional law enforcement to stand up the program. Whether legislation passes this spring, Rupe noted the new state agency would need to find its place in the state budget. 'I always look at this, they [voters] gave us the cinder blocks,' Rupe testified, speaking neutrally about the legislation. 'You guys have to do the mortar to put the cinder blocks together.' In an exchange with State Sen. John Cavanaugh of Omaha, whose district had the highest support for the ballot measure laying out the regulatory framework, Rupe and Cavanaugh agreed the ballot measures might result in 'regulation by litigation' unless the Legislature helps step in. Crista Eggers, executive director of Nebraskans for Medical Marijuana, a lead group that championed the ballot measures, told lawmakers that the Legislature has an opportunity to model its regulations after other states, learning from what went right and what went wrong. Eggers is one of many parents who testified and has advocated for more than a decade for medical cannabis, running three different cycles of related ballot measures and repeatedly appearing at the Capitol. 'This is not only a reflection of the understanding and support for this issue, but a demand that we respect the lives of suffering people in our state,' Eggers said at a Monday news conference. Shelley Gillen, a mother testifying for the Nebraska Families 4 Medical Cannabis nonprofit, said her family has been fighting for nearly 12 years. She said she and others have always fought for compassion, science and justice and the right of every patient to explore natural treatments 'without fear, stigma or legal barriers.' 'We strongly feel that no human being should have to suffer when relief is within reach,' she testified. Storm said he brought his bill on his own behalf and determined the 300 milligram limit on the assumption of a two-week supply of about 20 milligrams per day, split between two doses. He and others pushed back on the 'Big Marijuana Industry' as similar to 'Big Tobacco.' The David City senator said cannabis won't be 'zero sum,' and there will be negatives. Storm said he has sympathy for all those suffering but is focused on getting the regulations right. 'I think that we slow walk it and we get this right, because if we get it wrong, you let the genie out of the bottle, you're not getting it back in,' Storm said. 'So we slow walk this, do what's right, truly help people the best we possibly can.' Eggers, Conrad and others said pills or tinctures might not work for some patients, and Storm said he is open to expanding allowable uses in his bill, such to creams, nebulizers and suppositories, but not to smoking in any form. Storm sits on the General Affairs Committee. He joined a handful of committee members in asking about recreational marijuana and how the business models in the Hansen and Conrad bills could expand in the future, similar to how other states began with medical but expanded to recreational after. Hansen, Eggers and others repeatedly pushed back and said that while legalized marijuana might be a future outcome, it is not the goal of the current legislation. A fourth bill also considered Monday, LB 705 from State Sen. Terrell McKinney of Omaha, largely mirrors LB 677 from Hansen and LB 651 from Conrad. McKinney's bill also offers a path to criminal justice relief for people with past marijuana convictions and prioritizes families and individuals from communities harmed by the country's 'war on drugs' to get involved in the cannabis industry. McKinney, who sits on the Judiciary Committee with Storm, said those factors can't be left out of the conversation. 'Without that, none of this makes sense,' McKinney said. His bill was opposed by DHHS and the AG's Office and had one testifier in support, focusing on social equity. Hilgers and Ricketts wrote that legislative patience 'will help promote a safer Nebraska and that senators should 'study the law and science of marijuana and slow down before acting on marijuana this session.' Neither Hilgers nor Ricketts showed up to the hearing, but Hilgers' acting deputy solicitor general, Zachary Pohlman, appeared in his place. Pohlman testified that legislative action should wait until pending legal challenges are resolved, such as in 2026, when he posited that 'the legal landscape will be clearer.' I always look at this, they (voters) gave us the cinder blocks. You guys have to do the mortar to put the cinder blocks together. – Hobert Rupe, executive director of the Nebraska Liquor Control Commission whose commissioners will serve on the Nebraska Medical Cannabis Commission Two cases have so far been filed in Lancaster County against the ballot measures, one of which continues at the district court level, filed in December. It argues the measures can't be implemented because of federal law. The other, filed in September, is now at the Nebraska Supreme Court, part of an appeal arguing the measures were fraudulently placed on the ballot. The AG's Office had sought to invalidate the ballot measures, alleging widespread fraud. Lancaster County District Judge Susan Strong rejected the allegations and is presiding over the second challenge regarding federal preemption. That case targets the campaign for the ballot measure, Gov. Jim Pillen, Secretary of State Bob Evnen, DHHS CEO Steve Corsi, State Treasuruer Tom Briese, Nebraska Tax Commissioner Jim Kamm and the Medical Cannabis Commission. Pohlman, representing the state officials in that case, but not the commissioners, filed to dismiss the challenge in February, as did the sponsors of the medical cannabis ballot measures. The new Medical Cannabis Commission members have until mid-March to respond to the preemption challenge. The first briefs for the Supreme Court appeal are expected this month, but there is no date yet for oral arguments. Pohlman did promise the Legislature that should the Medical Cannabis Commission seek to license entities for medical cannabis, the AG's Office is prepared to sue. 'It's our view that we should let the legal landscape become much clearer before this body rushes into legislation and acts before we know what exactly the law looks like in Nebraska,' Pohlman said. Hansen and Conrad said there is no legal uncertainty. Hansen said opponents were 'grasping at technicalities.' 'Opponents have filed multiple lawsuits and lost at every turn,' Hansen said. 'There's no reason to believe future challenges will succeed where others have failed.' Hansen noted the federal government and President Donald Trump have voiced support for finding a legal path to marijuana, but he said Nebraska should still step up and that 'The idea that they're not going to do anything is not a gamble I'm going to take.' State Sen. Rick Holdcroft of Bellevue, chair of the General Affairs Committee, pushed back on Pohlman, describing the legislative goals of the related legislation as issuing guidance to aid with implementation. 'What I'm hearing here … is the attorney general wants us to keep this law stupid, where he can find some loopholes in it and make it illegal,' Holdcroft told him. 'The Legislature just isn't that kind of body.' Pohlman responded that he doesn't think the Legislature is 'stupid' or that the laws as written are 'dumb.' He said legislative action could prolong uncertainty and extend litigation. Dr. Roger Donovick, executive medical officer for DHHS, testified against the Hansen and Conrad bills but favored Storm's bill, in part because it prohibits smoking as a permissible form of medical cannabis. 'DHHS maintains that cannabis is not a medication and does not agree with its legalization,' Donovick said. A DHHS spokesperson confirmed Monday that in the three months since Pillen signed the ballot measures into law, DHHS has not issued any guidance, and there have been no complaints filed against practitioners related to the laws. The AG's Office did not respond to a Monday request for comment on any guidance, if any, the agency had issued on the laws. Multiple testifiers said they have illegally accessed medical cannabis to alleviate pain for dying loved ones or for family members who they said had no other medical options. 'Medical marijuana should be treated as a cure, not a crime,' Conrad said. Grant Wistrom, a former football player for the Nebraska Cornhuskers in the 1990s who went on to the NFL with the St. Louis Rams and Seattle Seahawks, testified in favor of the Hansen and Conrad bills. He said he has friends and teammates who were injured and, like him, were put on opioids to deal with health issues. He said for some, 'their life took a completely different path.' 'There is no healing with opioids, and the side effects that come with it are much, much greater than anythi ng else out there,' Wistrom said. 'At the time, I knew that it wasn't good for me, but it was the only option available.' Dominic Gillen told reporters that he and his wife, Shelley Gillen, have frequently gone to the Capitol with their son Will and heard remarks down the hall from senators or staff, 'Oh, here come those parents with sick kids again.' He said the families were only asking for compassion and that he lives by a motto: 'Don't quit five minutes before the miracle happens.' 'I've always thought the final piece of this had to be the miracle, but, in reality, the miracle has been the 11 and a half years that have come to this point, where we have actually made progress to the point where we got the people to be able to vote for something,' he said. 'That is so important, and we're looking for another miracle now,' he continued. 'But the reality is we have to keep pushing for those miracles, because they're not going to be given to us.' The committee took no immediate action on any cannabis-related bill. SUPPORT: YOU MAKE OUR WORK POSSIBLE
