Latest news with #NebraskansforMedicalMarijuana
Yahoo
20-05-2025
- Politics
- Yahoo
Judge considering whether to dismiss Nebraska medical cannabis preemption lawsuit
Attorney Eddie Greim of Kansas City speaks in Lancaster County District Court during a hearing on a lawsuit arguing Nebraska's medical cannabis laws are preempted by federal law. He represents the plaintiff, former State Sen. John Kuehn, at right. May 20, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — A Lancaster County district judge is reviewing whether to dismiss a lawsuit alleging that Nebraska's voter-approved medical cannabis laws violate federal law after in-person arguments Tuesday. This is the second medical cannabis case to reach District Judge Susan Strong, who in late November ruled against a preelection lawsuit challenging that the ballot measures shouldn't have been placed on the ballot because of allegedly fraudulent notarizations. Strong rejected those arguments. In the latest case, Strong must first decide whether to let the federal preemption case proceed based on whether a longtime marijuana opponent, John Kuehn, has the necessary 'standing' to sue. That's the legal term of art required for cases to proceed, meaning that Kuehn, a former state senator and former member of the State Board of Health, must show injury as a result of the new medical cannabis laws legalizing and regulating the drug. The ballot measures overwhelmingly passed in November, with 71% approval for legalization and 67% approval for a regulatory law. Tuesday's arguments came on the same day state lawmakers are considering Legislative Bill 677, a separate effort to create a clearer regulatory scheme around medical cannabis to assist in the program's implementation. Many of the arguments in court Tuesday mirrored legal briefs filed earlier. Largely, they argue that Kuehn is not the right party to challenge the measures under 'taxpayer standing,' or that, as a taxpayer, he should get to challenge 'illegal' taxpayer spending. All 11 defendants named in the case from Kuehn have filed to dismiss the case. Attorney Jason Grams, for the three members of the new Nebraska Medical Cannabis Commission that voters' regulatory law established, told Strong no taxpayer funds had been spent by Jan. 10, when Kuehn amended his lawsuit to include the commissioners. 'He couldn't wait to take the time to meet the demand requirement for taxpayer standing,' Grams said. 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 from the 2020 ballot. Attorney Daniel Gutman, who is now representing the three sponsors of the 2024 cannabis ballot measures, said the 'ship has long sailed' for election-related challenges against his clients. Gutman continues to defend the sponsors as Kuehn and the Attorney General's Office appeal the earlier notarization case, also from Kuehn, to the Nebraska Supreme Court. Gutman said the sponsors didn't agree to be 'sued in perpetuity' for any challenge from Kuehn. Of the dozens of states that have legalized medical cannabis, Gutman and Grams said no court has tossed the laws. Gutman said states are meant to be 'labs of democracy' and that the federal government and Congress do not preempt the Nebraska laws. He also noted a provision in annual federal spending bills prohibiting the U.S. Department of Justice from spending federal money to prosecute people following state medical cannabis laws. 'We would literally be here all day if I cited all the cases rejecting this recycled argument,' said Gutman. Deputy Solicitor General Zach Pohlman, defending Gov. Jim Pillen, Secretary of State Bob Evnen, Treasurer Tom Briese and two other state defendants in the case, summed up morning arguments that someone should challenge the laws, but Pohlman said it shouldn't be Kuehn. 'Just because that statute is on the books doesn't mean that Kuehn can run around the normal standing requirements,' Pohlman said. Instead, the AG's staff has said Nebraska Attorney General Mike Hilgers and his staff should be the ones to challenge the law, which they've pledged to do if and when the Medical Cannabis Commission issues any dispensary licenses under the new laws. Attorney Eddie Greim of Kansas City, representing Kuehn, said the challenge should proceed in part because public records requests indicate that staff for the Liquor Control Commission, which the regulatory law voters passed and tied closely to the Nebraska Medical Cannabis Commission, have discussed how to implement the laws and estimated possible costs. 'If we can snip this off at the bud, and we can enjoin the NMCC from doing anything,' Greim said, 'then the harms will never flow down to the other defendants.' Some of the records received include fiscal or lobbying requests related to pending legislation just down the street from the courthouse at the Nebraska State Capitol, which Greim said show regulatory steps being taken. Grams said the records are 'utterly irrelevant' to the lawsuit. Grams also filed affidavits from each of the three commissioners on the Nebraska Medical Cannabis Commission stating that the commissioners had taken no regulatory action as of Jan. 10, when the commissioners were added to the lawsuit. Greim objected to that evidence, saying he needed to be able to 'look behind the veil' and challenge the commissioners' statements. Strong said she would take the evidence challenges and the motions to dismiss from all defendants under advisement and rule at a future date. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
09-05-2025
- Health
- Yahoo
‘Take away this pain': Families speak on proposed Nebraska medical cannabis regulations
Nebraska advocates for medical cannabis have worked for more than 12 years, and continue to wait, for a safe, regulated system in Nebraska, after winning voter approval in November. Pictured are many longtime advocates for the effort. (Photos courtesy of Nebraskans for Medical Marijuana) LINCOLN — At just 7 years old, Teddy Bronson of Omaha has faced six brain surgeries, been prescribed 14 different drugs and used about half a million dollars in medical hardware to fight his drug-resistant epilepsy that at one time had him enduring an average of 3,800 seizures each month. Matt Bronson, a disabled U.S. Air Force veteran, and Liz Bronson, a nurse practitioner at Children's Nebraska, say that each day is a fight for their 'beautiful little son,' Teddy, including any measures possible to reduce his seizures. That included a groundbreaking half-day neurosurgery at Children's just a few years ago with a robotic surgical assistant. At a public forum this weekend for medical cannabis regulations, which the Bronsons say could help ease Teddy's pain, Matt Bronson said his son is at 85% higher risk of losing his life each night. But each morning, Liz and Matt greet their son. 'I get to see my son smile, I get to hear him babble, and damn it, he is seven and a half years old and he's walking,' Matt Bronson told an often raucous, cheering public forum crowd in Omaha on May 4. 'Three years ago, he was in a wheelchair.' Data shows Teddy is improving, 'but any seizure can take him,' Liz Bronson said. Quoting the family's California-based epileptologist, Liz Bronson said, 'We can either pass evidence-based, well-regulated legislation, or we can sign more death certificates.' 'We come here before you today to say that, 'I'm sorry, but Teddy matters,' and that our family matters and that the suffering individuals in this state matter,' Liz Bronson said. In a more than decade-long fight for medical cannabis in Nebraska, through three election cycles, numerous legislative bills and multiple court fights, the Bronsons are among those who have consistently fought for access to the medicine. Voters overwhelmingly approved legalizing medical cannabis in November. It was approved by 71% of voters, and just a slightly smaller percentage, 68%, approved the basic outlines of a regulatory system. The Bronsons were among hundreds of Nebraskans who attended public forums May 3 in La Vista, May 4 in Omaha or May 5 in Lincoln. Most shared a similar message: Medical cannabis is legal in Nebraska, and the 'will of the voters' must be implemented. But how the state should do so differed among the dozens of speakers who addressed a bipartisan group of 13 state senators spread between the three events on Legislative Bill 677, from State Sen. Ben Hansen of Blair, a bill meant to clarify regulations. Senators estimated at least 300 attendees. Some speakers linked the fight with legislative efforts to water down minimum wage and paid sick leave protections passed in the 2022 and 2024 statewide elections. Others linked LB 677 to LB 316, from State Sen. Kathleen Kauth of Omaha, a priority of Nebraska Attorney General Mike Hilgers, who has escalated his opposition to LB 677 and all products containing tetrahydrocannabinol, or THC. LB 316 essentially reclassifies 'hemp' as 'marijuana.' Opponents call it a 'de facto ban' on nearly all THC or hemp products. Hilgers said Wednesday that it was never his intention to use LB 316 against the ballot measures. Hansen is working to make explicit in Kauth's bill that it does not conflict with the ballot measures or LB 677. Nebraska attorney general steps up medical cannabis opposition, regulatory bill awaits debate Hilgers said his 'heart goes out' to anyone in pain who feels they can't access something they feel could alleviate the hurt. However, he said he must uphold federal laws against marijuana despite dozens of states approving medical or recreational cannabis. 'I think two plus two is four, even if everyone else says two plus two is five,' Hilgers said this week when he launched a law enforcement campaign against LB 677. Speakers at this month's forums blasted LB 677 for its compromises, including prohibiting smoking cannabis, specifying 15 'qualifying conditions,' allowing no more than 30 medical dispensaries and requiring a patient or caregiver to pay up to $45 for a registry card under the new state regulatory system. Among those was Ethan Stankus of Bellevue, who said that if he'd known there would be a smoking ban, conditions list or other 'needless compromises,' he would have voted 'nay.' 'This is not what we voted for,' Stankus said, holding up a breakdown of the amendment to LB 677, asking why Nebraskans needed to take time to reexplain their vote. For Hansen and supporters, the need for the bill is complicated, illustrated, for instance, when many attendees criticized the regulations for being housed in a new Nebraska Medical Cannabis Commission that shares resources and staff with the Nebraska Liquor Control Commission. That was part of the ballot measure, partly in response to consistent opposition to medical cannabis from the Nebraska Department of Health and Human Services. Across the dozens of speakers, only one, the state's former longtime state epidemiologist in DHHS, Tom Safranek, raised hesitation about the voter-approved laws, for a 'potential for societal damage.' DHHS also opposes LB 677. Due to constitutional constraints with ballot measures — including the need to stick to a 'single subject' — supporters were limited in what they could present to voters. Supporters of LB 677 say it would provide clearer guidance before the commission acts. The proposal also seeks to aid a voter-enacted deadline for the commission to write the regulations, which is currently July 1. The commission, in court filings, has said the ballot measure provided 'no ability to carry out any duties' set forth in the new laws, particularly with its lack of funding. State Sen. Rick Holdcroft of Bellevue, chair of the Legislature's General Affairs Committee, who worked with Hansen on the bill, said Sunday there is 'no way' the measure's required regulations can be completed in time. LB 677 seeks to delay the required regulations by three months, while also more explicitly setting the parameters of the new regulatory system. The voter-passed laws' wide flexibility to let the commission draft all regulations could end up with a system stricter than LB 677 proposes. For instance, one of the governor-appointed members, Lorelle Mueting of Omaha's Heartland Family Service, said in an online comment against a separate LB 705 this year that her agency does not support legalizing marijuana 'in any form for medical purposes' without federal approval. Mueting opposed LB 677 at its hearing. Hansen said the time is right 'to get off our butts' and unite Democrats and Republicans and reach the 33-vote threshold needed to pass LB 677 and help Nebraskans. The system needs to start right and show 'the world hasn't ended,' Hansen said. 'Everyone's not dying. People aren't smoking doobies on the corner like a lot of my conservatives think.' 'We're not going to eat 100% of the apple,' Hansen said Saturday of the efforts. 'We get 75%, 80%, make sure the people who need it, you get it.' Marie Reed of Blair, one of Hansen's constituents, spoke of her 12-year-old son Kyler, who has epilepsy and takes six medications a day. Since 2019, the family has prepared to use a rescue medication for Kyler, a controlled substance, if Kyler's seizures last more than five minutes. 'You don't ever get it until you're in that situation,' Reed, who worked on the recent cannabis ballot measures, said. 'One day, somebody you love might have epilepsy or cancer, and I think that if you truly think about it, you will realize you wish that you could have this to give to your loved one and not keep fighting for it.' While tense at times, the weekend also brought moments of levity, such as Shannon Coryell of Omaha, a self-described 'bleeding heart liberal' who said that 'pigs must be flying' because she agreed with Hansen, a Republican with a Libertarian bent. Tom Becka, a former host on conservative talk radio in Omaha and a longtime broadcaster, spoke to Hilgers and Ricketts, saying that the movie-musical 'Reefer Madness' wasn't a 'documentary.' 'More people have died from the onions on the McDonald's hamburger than have died from medical cannabis,' Becka said to a laughing crowd. No deaths from overdoses of marijuana have been reported, according to the U.S. Drug Enforcement Administration, though some edibles have led to an increasing number of emergency room visits. Multiple Nebraskans also encouraged lawmakers to act quickly, as some patients who could have gotten help or tested out the medication have died in 12 years of legislative waiting. Jill Hessing of Lincoln spoke of her mother, an open-minded Republican and licensed practical nurse who died of cancer in 2006. While some speakers said they would just go to Missouri for marijuana anyway, Hessing said that wouldn't be the case for her mother, a 'kind, compassionate, law-abiding woman.' Lia Post of Springfield read a written letter Monday on behalf of her friend Angie Cornett of Norfolk, who missed the meeting to bury her mother. Cornett, a nurse, wrote that her mom endured severe and chronic pain for decades. When she tried cannabis for the first time 25 years ago, at age 50, it eliminated the severe burning pain in her feet caused by severe nerve damage from her back and apathy from diabetes. Cornett said her mom described the new pain relief as 'stepping on cold slushy watermelon.' A 'cocktail' of addictive pain relief medications was part of her mom's medical regimen, Cornett said, adding she couldn't help but wonder how her mom's life could have changed with medical cannabis. 'She knew exactly what she was voting for, and as I bury my mom today, I want you to know that she is just one of many patients who have died waiting for the right to access plant-based medicines in Nebraska and access to a God-given plant that was used medicinally since the ancient times,' Cornett wrote Monday. Post, a frequent medical cannabis advocate at the Nebraska State Capitol, said she is one of a handful of longtime advocates who have been told by lawmakers to mind their interactions and cool frustrations or methods of advocacy, such as Post telling Republicans that patients are dying. Even so, Post said the roadblocks won't make her back down from a disease — complex regional pain syndrome — that will one day take her life. 'Fight for us. Fight like our lives matter,' Post said Saturday. 'None of you are God, and you do not deserve to play God in this anymore.' Dominic and Shelley Gillen of Bellevue have been in the fight for 12 years, similar to the Bronsons, for their now 23-year-old son Will, who similarly has a severe form of drug-resistant epilepsy and is referred to by friends and family as 'God's Will.' In that time, Dominic Gillen estimated, his son has faced more than 450,000 seizures and 'a body littered with scars.' Dominic Gillen said he considers Hilgers' efforts against the medical cannabis campaign and its many volunteers, patients and caregivers, the type of 'lawfare' that Republicans lamented under former President Joe Biden. At each event, Gillen told senators to see the patients, 'not look through them.' 'Will has never spoken a word, but he's touched countless lives in this state and other states through his story,' Dominic Gillen said. 'Will is truly the greatest of blessings. He's perfect even in his imperfection.' Hansen, too, urged Nebraskans to share their stories and photos with lawmakers, particularly Republicans. 'Out of curiosity,' he asked Sunday whether those in attendance would support recreational marijuana if LB 677 failed and the regulations became too restrictive. Nearly everyone raised their hands. Hansen said he's telling his colleagues to pass LB 677 and regulate medical cannabis, or the voters will end up legalizing recreational marijuana. Hilgers and other opponents of medical cannabis and recreational marijuana have said LB 677 would open the door to recreational use already. Court battles continue in front of the Nebraska Supreme Court and in courts in Hall County, against a notary, and Lancaster County. The Nebraska Attorney General's Office has argued the laws are preempted by federal law and threatened to sue the Medical Cannabis Commission if it issues dispensary licenses. Notaries targeted in those cases have pledged innocence, including Jacy Todd of York, a notary who faces first-of-their-kind criminal charges in Grand Island. None of the four notaries targeted in the case before the Nebraska Supreme Court has been criminally charged, though a lower-court judge tossed some of their signatures. Hilgers said the lack of charges shouldn't be 'read into. Hilgers, joined by various sheriffs on Wednesday, said that medical cannabis and LB 677 are '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.' Todd, a disabled veteran, was among those asking lawmakers to act and include post-traumatic stress disorder in the list of acceptable conditions for use, the removal of which Hansen said was one of the 'negotiating factors' that was needed to get LB 677 out of the General Affairs Committee. Two amendments from State Sen. John Cavanaugh of Omaha would add PTSD to the list. The first directly, the second by removing the list altogether and leaving the decision between doctors and patients. Matt Bronson, who served in the military, left for war at age 19. He said he broke his back in 2007, struggles with PTSD, is a recovering alcoholic and has lost most sensation in his legs. He was given many options, including opiates and other addictive pain medications. Before Teddy was born, he said he tried to take his life. Medical cannabis is not about Matt Bronson or Teddy getting high — 'I give two s— about getting high,' his father says. However, Bronson says he can't take the addictive medications, get significant back surgery or be put in a wheelchair for 18 months because he and Liz Bronson need to care for Teddy at a moment's notice, who comes first above his own health. 'Let's take away this pain,' Matt Bronson said. 'I don't want to remember those brothers and sisters I lost in war. I don't want to remember every single damn casket I put on the back of C-17 flying home covered in the damn flag. I love my country, but God damn, Uncle Sam, let's do something about this s—.' 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
Yahoo
18-04-2025
- Health
- Yahoo
‘It's not over': Medical cannabis regs fail to advance from Nebraska legislative committee
Crista Eggers of Nebraskans for Medical Marijuana, center, leads a news conference urging legislative support for bills to help implement a safe, fully regulated medical cannabis system. March 3, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — A legislative committee failed to advance a bill Thursday meant to help implement and regulate medical cannabis in Nebraska, leaving the sponsor and advocates on the hunt for a new path forward. The General Affairs Committee stalled, voting 5-3 against advancing Legislative Bill 677 from State Sen. Ben Hansen of Blair. Senators tried to advance the bill as-is after none of the eight members entertained a motion on whether to amend the bill during continuing negotiations on how best to implement the overwhelming voter approval of medical cannabis in November. Hansen, after the vote, described his legislation as 'a must' for 2025 to prevent the 'Wild West.' That's because without legislative action, the regulatory commission voters created with the ballot measure has no effective power or funds to regulate medical cannabis. There is still 'some room' to come together, Hansen said, though the 'clock is ticking.' 'I don't want to shut all the doors right now, but some doors are closing, and they're closing fast, and so we have to act,' Hansen told reporters. The lead spokesperson for Nebraskans for Medical Marijuana also said the fight isn't over. Unless the committee reconsiders, Hansen faces a tough path to getting LB 677 into law, though the legislative rules do provide a path. He can file a motion — requiring at least 25 votes — to pull the bill out of committee. That would require scheduling by Speaker John Arch of La Vista, who has opposed medical cannabis in the past. The bill would then need to advance across three rounds of debate and pass with at least 33 senators, regardless of a filibuster, because it amends legal language voters approved. Ballot measures are self-enacting, and Nebraskans have legally been able to acquire up to 5 ounces of medical cannabis with a written health care practitioner's recommendation since mid-December, when Gov. Jim Pillen formally proclaimed the success of the measures and ushered the voter-approved language into law. Hansen's bill, which has the support of organizers of the 2024 medical cannabis campaign, would further expand the structure for regulating cannabis through the new Nebraska Medical Cannabis Commission. Without state funds, officials have said it is nearly impossible for the commission to act or craft regulations, as required, by July 1. Hansen's bill would push back the deadline for regulations and licensing for more time to act. The amendment that members of the General Affairs Committee negotiated with Hansen would additionally regulate cannabis through the state system's prescription drug monitoring system in addition to seed-to-sale tracking systems, according to a copy obtained by the Nebraska Examiner. Acceptable forms of cannabis would include edibles, concentrates, ointments, transdermal patches or creams, nebulizers and vaporizer cartridges or pens. However, smoking would be prohibited, and no cannabis flower or bud could be legally sold. State Sen. Bob Andersen of north-central Sarpy County said he completely disagreed with allowing vaping, pointing to increased youth drug use. A qualified 'health care practitioner' would include only licensed physicians, osteopathic physicians, physician assistants or nurse practitioners, and practitioners could not recommend cannabis unless they have treated the individual for at least six months or if the physician primarily practices in Nebraska. The committee amendment also would have limited 'qualifying medical conditions' to 15 ailments: Amyotrophic lateral sclerosis. Autism with frequent self-injurious or aggressive behavior. Cancer. Crohn's disease or ulcerative colitis. Epilepsy or epileptic seizures. Hepatitis C that causes moderate to severe nausea or cachexia. Human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). Huntington's disease. Parkinson's disease. Spinal cord injury or disease with residual neurologic deficits. Terminal illness with a probable life expectancy of under one year. Tourette's syndrome. A serious medical condition or related treatment that causes severe nausea or cachexia. Severe and persistent muscle spasms caused by multiple sclerosis, spinal cord injury or muscular dystrophy. Severe or chronic pain lasting longer than six months that is not adequately managed, in the opinion of a health care practitioner, despite treatment attempts using either conventional medications other than opioids or opiates or physical interventions. The amendment also would explicitly allow the Medical Cannabis Commission and Nebraska Liquor Control Commission, which consist of the same three commissioners, to share resources in carrying out the respective laws. The governor would be able to appoint two additional members to the Medical Cannabis Commission, one of whom would need to be a health care practitioner. The governor already appoints the three members of the Liquor Control Commission, bringing the allowable total to five commissioners. State Sen. Stan Clouse of Kearney said he wanted to allow the governor to appoint up to two more outside members, such as law enforcement or supply chain representatives. State Sen. John Cavanaugh of Omaha, committee vice chair, said he wanted to ensure the physician appointee had human medical experience and wasn't, for example, a veterinarian. Pillen is a veterinarian, as is John Kuehn, a former state senator and one of the chief opponents to the medical cannabis laws. Kuehn has filed two lawsuits seeking to void the provisions, the first of which the Nebraska Attorney General's Office joined and that the Attorney General's Office and Kuehn lost. Kuehn is appealing to the Nebraska Supreme Court. The second is ongoing in Lancaster County District Court. Cavanaugh said he generally is against creating an ailments list but that the identified conditions were 'relatively reasonable,' though he wants post-traumatic stress disorder included. Holdcroft said the list was created with input from the Nebraska Medical Association, including work led by former State Sen. Anna Wishart of Lincoln, who championed medical cannabis and was part of the past three ballot measures. Holdcroft said the association was strongly against allowing marijuana for PTSD. On the ongoing litigation, Cavanaugh, a lawyer, said Attorney General Mike Hilgers and his office are giving advice to senators in ways that benefit the ongoing litigation. 'In this case, the attorney general is not representing the interests of the Legislature,' Cavanaugh told reporters. 'He's representing the interests of his office and I think this political agenda that he has continued to pursue before he was attorney general against the legalization of medical cannabis.' State Sen. Jared Storm of David City, who has agreed with Hilgers and U.S. Sen. Pete Ricketts, R-Neb., to wait on any related medical cannabis legislation, repeatedly said during the Thursday committee meeting that Hilgers needed his day in court in front of the Supreme Court. Storm brought his own bill, LB 483, to limit allowable cannabis to 300 milligrams — 0.21% of 5 ounces — and only allow oils or tinctures as acceptable uses. Cavanaugh and State Sen. Rick Holdcroft of Bellevue, the committee chair, pushed back on Storm and said that the legal process had already played out once at the district court level, and Hilgers lost. Secretary of State Bob Evnen also placed the measures on the ballot, Holdcroft noted, and then voters weighed in. The AG's Office has threatened to sue if the cannabis commission begins licensing. Holdcroft acknowledged that should lawmakers pass LB 677, it might end the pending appeal to the Nebraska Supreme Court. Speaking with the Nebraska Examiner, Storm said waiting just a little while could put the legal questions 'to bed.' The Legislature is set to adjourn in June, possibly delaying action until early 2026, which could push any regulations more than a year down the road. Storm told his colleagues that the ongoing lawsuits aren't Hilgers against the cannabis industry but the AG acting on behalf of the state. Holdcroft and Cavanaugh said voters had spoken. 'I'm all for helping people, and if this ballot initiative comes out that it's valid and accurate, then I'm all for moving forward to where we can help people,' Storm said. 'But I want to do it the right way.' Hansen said, 'next session is not it,' and that lawmakers have the chance to act now. Holdcroft, who opposed advancing LB 677 as is, said he, too, was a 'little disappointed' after the work to craft a committee amendment fell short. He said he felt the divide came down on smoking as a 'line in the sand,' while Hansen said he felt the flower and bud restriction was the breaking point. Holdcroft said selling cannabis flower would be a gateway toward recreational marijuana, which Hansen heavily disputed. He has regularly said his bill has nothing to do with recreational marijuana. 'Right now, I don't see a way ahead,' Holdcroft told the Examiner. Holdcroft said he hasn't heard anything of a pull motion yet, but he envisioned there could be a lot of pushback from conservatives in the Legislature. Hansen, who has often taken a Libertarian bent in the Legislature, is a Republican, as is Holdcroft. Crista Eggers, executive director of Nebraskans for Medical Marijuana, told reporters that the campaign and supporters are no strangers to roadblocks, challenges and 'doors shut in our face.' Still, she remains confident in crafting the safest and best medical cannabis program and said voters knew what they were voting on. 'This will not be the end,' she said. To supporters, Eggers said she wants them to know that despite the hiccup, which both she and Hansen thought could be the outcome, 'we have every intention to keep fighting.' 'Giving up has never been an option. Being silenced has never been an option,' Eggers said. 'It's not over. It's not done.' 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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
