The Nebraska Medical Cannabis Commission unanimously approved formal regulations governing the medical cannabis supply chain, marking the first comprehensive regulatory framework following voter approval of medical cannabis in 2024. The regulations had been operating under temporary 90-day periods that were extended multiple times since July 1.
The formal rules define restrictions on medical cannabis establishments, including types of licenses that can be issued, security requirements, types of products that can be sold to patients, and which doctors can recommend the medicine. Nebraska Attorney General Mike Hilgers now has a legal duty to review the regulations for legal and constitutional compliance. Nebraska Governor Jim Pillen has the final approval authority.
Both Hilgers and Pillen have expressed constitutional concerns about the medical cannabis program. When the laws took effect December 12, 2024, following voter approval (71% for legalization, 67% for regulations), the officials stated they believed serious issues remained regarding the validity of the ballot measures under federal law and the Nebraska Constitution. The federal government designates marijuana as a Schedule I controlled substance, and federal law prohibits possession or sale of Schedule I drugs.
Nebraska faces a unique situation: it has no congressional protections for a state medical cannabis program from federal interference. Forty-seven states currently have such protections, but Nebraska was left off the latest update in January.
A critical barrier to program functionality has emerged: no Nebraska physicians have issued recommendations since the laws took effect, largely due to fear of retaliation from the attorney general. Under current law, Nebraskans with a health care practitioner’s recommendation can legally possess up to 5 ounces of medical cannabis, though recommendations need not come from an in-state doctor. The commission has decided to restrict dispensary access to patients with in-state recommendations, creating a potential bottleneck if in-state physicians continue avoiding participation.
Legislation that would have protected physicians recommending medical cannabis was derailed in the Legislature. Without such protections, physicians would face potential license review by the attorney general. The commission is proceeding despite these challenges, with licensed cultivators preparing for harvest. One cultivator sought variance approval for its grow plan to be ready for harvest by October 1, which the commission granted unanimously, as refusal would delay planting until 2027.
The commission also voted to hire its own legal counsel rather than work with an attorney from the attorney general’s office.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://www.easttexasnews.com/premium/stories/medical-cannabis-regulations-now-headed-to-nebraska-ag-governor-for-approval,85724