Nebraska AG Urges Legislature To Ignore Voter-Approved Medical Cannabis Legalization

By A.J. Herrington Published March 7th

The Nebraska Attorney General and a former governor are urging state lawmakers to ignore two ballot measures to legalize medical cannabis that voters approved in the November general election. Initiative 437, a bill to legalize the medicinal use of cannabis, was approved by 71% of voters in the general election, while Initiative 438, a bill establishing a medical cannabis regulatory framework, passed with more than 67% of votes cast.

State lawmakers are currently considering several bills to regulate medical cannabis. But Attorney General Mike Hilgers and Pete Ricketts, a former Nebraska governor who is now a U.S. senator, wrote in an opinion piece that state lawmakers should ignore the successful ballot measures.

“The legislature has no duty to act now,” Hilgers and Ricketts wrote in the op-ed, which was published on Sunday by the Omaha World-Herald. “In fact, there are plenty of reasons to not act at all.”

“The Legislature should study the law and science of marijuana and slow down before acting on medical marijuana this session,” they added. The two politicians also wrote that cannabis is “harmful, easily abused, and is not safe to consume even under medical supervision.”

Medical Cannabis Advocates Testify at Legislative Hearing

On Monday, lawmakers held a hearing on LB 483, a bill that amends Initiative 437 to deny patients the right to use botanical cannabis. Instead, the measure would limit medical cannabis products to pills and tinctures

More than 300 people appeared to testify against the legislation in the hearing held by the legislature’s General Affairs Committee. Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws (NORML), told the committee that legislators should follow the will of the people.

“Elections have consequences,” he told lawmakers. “Nebraskans have made it clear that they want patients to have regulated access to botanical cannabis. Lawmakers must respect their vote.”

“LB 483 is undemocratic; it is also bad public policy,” he said, adding, “Many patients seeking rapid relief of symptoms such as pain, nausea, or spasticity will suffer by having their access limited solely to cannabis pills and other oral formulations,” which are far slower to take effect.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, the group that backed the ballot initiatives, told local media in a statement that medical cannabis legalization had overwhelming support from the state’s voters.

“The individuals who continue to bring opposition are absolutely disregarding the fact that 71% of the people in this state support safe and regulated medical cannabis,” said Eggers, whose son suffers from epileptic seizures. “I would encourage them to look at any state who has rolled out medical cannabis. Their arguments hold no weight.”

Following the publication of the opinion piece by Hilgers and Rickets, NORML’s Armentano warned that their opposition to enacting medical cannabis legalization is consistent with similar efforts by Republican leaders in other states, including Ohio. 

“In a healthy democracy, those with competing visions on public policy vie for voters’ support and abide by their voting decisions. However, it is becoming clear that those who oppose marijuana policy reform would rather take voters out of the equation altogether,” Armentano said in a statement from the cannabis policy reform advocacy group. “Whether or not one personally supports or opposes cannabis legalization, these cynical and undemocratic tactics ought to be a cause of deep concern.”

Lawmakers Consider Medical Cannabis Regulation Bills

Lawmakers also considered two other bills, LB 651 and LB 677, that would regulate medical cannabis in Nebraska. Eggers of Nebraskans for Medical Marijuana said that the bills follow the will of the electorate as expressed by the passage of Initiatives 437 and 438.

“They are potentially good vehicles towards creating a regulatory framework with strong patient protections and reasonable regulations,” Eggers said.

Lawmakers adjourned the hearing without taking a vote on any of the medical cannabis-related bills.

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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.

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