Nebraska Gov. Jim Pillen last week certified two medical cannabis legalization initiatives approved by voters in the November election while citing “serious concerns” with the successful ballot measures. The two new laws, Initiative Measures 437 and 438, go into effect immediately, although it will be nearly a year or longer before patients can legally purchase medical cannabis at licensed dispensaries.
The two ballot measures were overwhelmingly approved by Nebraska voters last month, with each receiving more than two-thirds of the votes cast. A legal challenge brought by former senator and Nebraska State Board of Health member John Kuehn, however, is challenging the validity of petitions submitted to put the measures on the ballot.
The Nebraska Constitution requires the governor to proclaim the ballot measures successful within days of election certification. On December 12, Pillen and Nebraska Attorney General Mike Hilgers issued a joint statement about the successful ballot measures, citing the ongoing legal challenges. The statement also warned Nebraskans that despite the passage of the legalization initiatives, cannabis remains illegal under federal law.
“Both the governor and the attorney general believe that serious issues remain regarding the validity of these petitions under federal law and the Nebraska Constitution,” reads the statement published by the Nebraska Examiner. “The federal government has designated marijuana as a Schedule I controlled substance. Under federal law, it is unlawful to either possess or sell Schedule I controlled substances.”
Supreme Court To Hear Lawsuit Challenging Ballot Measures
Kuehn’s lawsuit, which was joined by Nebraska Secretary of State Bob Evnen with the assistance of the Nebraska Attorney General’s Office, alleges that petitions to place the measures on the ballot were tainted by misconduct and thus invalid. Last month, a district court judge ruled in favor of the campaign organization, Nebraskans for Medical Marijuana, and allowed the ballot measures to stand. Last week, the Nebraska Supreme Court issued an order to expedite the appeal of the district court’s decision, bypassing the state appeals court, according to a report from the Nebraska Examiner.
Under the new laws, patients will soon be able to seek a recommendation from a healthcare provider that will allow them to possess up to five ounces of medical cannabis. Nebraskans for Medical Marijuana noted in a statement, however, that patients will not be able to legally purchase medical cannabis until the end of next year at the earliest.
“While these measures are now law, patients must wait for the newly established regulatory commission to draft and implement the rules governing medical cannabis use. For many, this delay will feel agonizing,” Crista Eggers, campaign manager for the measures, said in a statement posted to the social media platform X. “But today’s victory is a reminder that progress is possible — and that the dream of accessible relief and healing for Nebraskans is closer than ever to becoming a reality.”
Under the ballot measures, the deadline for regulators to approve cannabis regulations is July 1, 2025, and licensing must begin by October 1, 2025. Eggers warned patients to beware of advertisements or groups claiming the process of obtaining a medical cannabis card can be expedited.
“The fall of 2025 is likely the earliest to expect a system to be set up where you can get a medical card,” the campaign said. “Until then, we caution you to be wary of any scams that are popping up regarding obtaining medical cards or recommendations.”
Successful Initiatives Legalize Medical Cannabis
Initiative Measure 437, also known as the Nebraska Medical Cannabis Patient Protection Act, legalizes the medicinal use of cannabis for patients who have a written recommendation from a healthcare professional. The new law, which passed with 71% of the vote, also legalizes the possession for medicinal purposes of up to five ounces of cannabis by patients and caregivers.
Initiative Measure 438, the Nebraska Medical Cannabis Regulation Act, was approved by voters in the November 5 election with 67% of the vote. The initiative legalizes the possession, production, processing, distribution, and dispensing of medical cannabis for businesses licensed by the state. The measure also establishes the Nebraska Medical Cannabis Commission to oversee the enactment of the law and regulate the state’s newly legal medical cannabis industry.
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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.
