Medical marijuana debate back in Legislature

This week saw the legislature conclude the second and final week of all-day committee hearings. The schedule will return to a traditional format, where floor debate is in the mornings and committee hearings in the afternoon.

The question of whether Nebraska should legalize medical marijuana will again be considered by the legislature. Sen.Wishart introduced LB 588, the Medicinal Cannabis Act, which would provide a regulatory framework to establish access to cannabis specifically for medical purposes. The bill lists 16 conditions that would qualify patients to use cannabis, limits the allowable amount of cannabis, requires a patient to have a genuine relationship with the health care practitioner and prohibits the use of edible or smokable variants of marijuana.

Several individuals told Judiciary Committee members personal stories of how medical marijuana would help loved ones, many of whom were suffering from chronic pain or seizures largely untreatable using other available medications. However, opponents raised concerns that cannabis remains illegal under federal law and that the substance could have long-term health impacts on people, making them more susceptible to addiction or serious mental health conditions.

The Judiciary Committee also heard LB 482 by Sen. Raybould that would adopt the Suicide Risk Protection Order Act. Under this bill, law enforcement officers could file a petition for a protection order which alleges a person poses a significant risk of injury to themselves or others by having firearms in his or her custody. Once a petition is filed, courts would be authorized to issue protection orders that would require a person to surrender all firearms and firearm permits to local law enforcement agency. Although the bill refers to a “suicide risk protection order,” the order would not actually require a risk of suicide. Additionally, the bill, as written, is unclear as to whether such petitions could be filed by anyone else.

Meanwhile, the Health and Human Services Committee listened to over six hours of testimony on LB 574, by Sen. Kauth. This legislation would adopt the Let Them Grow Act and prohibit the performance of gender-altering procedures for individuals under the age of 19, such as puberty blockers, hormone treatments and surgeries for gender dysphoria. The proposal would also ban providers from offering referrals and would allow for a civil penalty against physicians who offer the procedure. The committee heard from proponents who had previously received, sought or considered gender-affirming care. Meanwhile, several doctors and groups such as OutNebraska and the ACLU of Nebraska opposed this legislation. I did sign on to this bill as a co-sponsor, as I have many concerns regarding the efficacy and ethics of allowing gender-altering procedures on minors.

In the Government and Military Affairs Committee, Sen. Briese brought forward LB 143 that would provide for year-round daylight saving time if Congress gives states the flexibility to choose and three neighboring states also pass a similar law. In his testimony, Briese cited the general disdain toward time changes, health implications and potential economic benefits as people would be more likely to shop. However, the Nebraska Broadcasters Association raised concerns regarding the difficulty of scheduling programing with a patchwork of state laws and urged the legislature to wait for federal action.

Meanwhile, the Transportation and Telecommunications Committee heard testimony on a bill that would establish a state broadband office. LB 683, introduced by the committee, would create the Nebraska broadband Office for the purpose of administering and maintaining broadband services in Nebraska. Under the bill, a broadband director would be appointed by the governor and confirmed by the legislature to lead the office, which would operate administratively under the Nebraska Department of Transportation. The office would take over the maintenance of the state broadband map from the Public Service Commission and provide a structured entity to distribute federal broadband funds in an efficient and transparent manner.

Finally, I have received many calls on LB 768 which would transfer $30 million from the Cash Reserve Fund to support the development of the Cedar Knox Rural Water Project being overseen by the Lewis and Clark Natural Resources District. I am planning to schedule a town hall in Crofton sometime later in February or early March.

Additionally, LB 77, Sen. Brewer’s constitutional carry legislation, was voted out of the Judiciary Committee with five in favor and three not voting. I voted in support.

As my first legislative session gets underway, I invite you to contact me with your thoughts and opinions on legislation that is before us. I can be reached at [email protected]. My State Capitol telephone number is 402-471-2801 and my mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.