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The Nebraska state legislature is considering a bill that would give a regulatory commission new powers over the state’s medical cannabis program and its patients, caregivers, and health practitioners. Medical cannabis advocates are opposing the legislation, saying it would give the Nebraska Medical Cannabis Commission more power over the program than granted by a ballot measure voters approved in 2024.
The measure from the Legislature’s General Affairs Committee, Legislative Bill 1235, would allow the Nebraska Medical Commission to write regulations more restrictive than the “Nebraska Medical Cannabis Patient Protection Act,” which voters approved in 2024 with 71% of the vote. A second ballot measure that year created the commission, making it the “exclusive” regulatory authority governing cannabis businesses.
Republican state Sen. Rick Holdcroft described the measure as providing additional regulatory “structure” for the commission, according to a report from the Nebraska Examiner. However, he said he’s “not real familiar” with the additional powers granted to the commission under the proposal.
“But, apparently, that’s a good thing to have, I mean, as a commission,” said Holdcroft, the committee chair. “I’m not sure why that was left out of the referendum, but that’s about really all I know about that part of it.”
Patient Advocates Oppose Legislation
Crista Eggers, executive director of Nebraskans for Medical Marijuana, the group that spearheaded the 2024 ballot measures, said that the bill is “extremely concerning.” She added that the legislation would eliminate protections for patients who legally possess cannabis while putting control of the program in the hands of a government-appointed panel.
“This bill forces us to face reality that our own children and most others will have protections ripped away from them,” said Eggers, a mother who seeks access to medical cannabis for her 11-year-old son, Colton, who has epilepsy and severe seizures.
“Although there are some provisions of this bill that we would support, we do not believe this is a good-faith effort,” Eggers continued. “Currently, as written, we will seek to see it fail.”
Under the bill, patients, caregivers, and physicians would be required to pay a fee to participate in the program. The bill would also give the commission authority over the Patient Protection Act, including the power to restrict medical cannabis use to qualifying conditions alluded to but not detailed in the legislation.
Medical cannabis advocates say they fought for protections for patients and caregivers to be included in the 2024 ballot measure that voters approved. Supporters have fought for similar protections for healthcare professionals because few Nebraska physicians have recommended cannabis since the state’s medical cannabis legalization statute took effect in December 2024.
Eggers pointed to the challenges of getting physicians to participate in the medical cannabis program and said the commission has been “failing patients and bowing to the political pressures from our governor and attorney general.”
Last year, lawmakers declined to pass a bill supported by medical cannabis advocates that would have established new regulatory guidelines. Some senators reportedly declined to support the bill to give the commission more time to adopt regulations for the program.
“I think the people voted for medical cannabis,” Holdcroft said. “I think most of the voices you’re hearing would like to see it transition more into a recreational piece.”
Democratic State Sen. John Cavanaugh, the committee's vice chair, is one of three Democrats on the General Affairs Committee who declined to support LB 1235. He said the bill would grant new powers to a commission that “has already demonstrated that it is openly hostile to the will of the voters.”
The committee has scheduled a hearing on the bill for February 2.
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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.
