State senators likely to shape details in cannabis legislation, if passed

This week, I will be discussing Initiative Measure 437 and Initiative Measure 438. Both of these initiatives revolve around the issue of cannabis and propose a framework to legalize medical cannabis in the state. Should these two ballot initiatives pass, the legislature will likely play a role in shaping some of the finer details of implementing medical cannabis in this state, much akin to the implementation of casino gambling in 2021-22.

Initiative Measure 437 proposes to create a new law known as the Nebraska medical cannabis Patient Protection Act. This law would invalidate existing state and local criminal and civil penalties relating to the use, possession and acquisition of an allowable amount (up to five ounces) of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner.

A qualified patient would mean either (a) an individual 18 years of age or older with a written recommendation from a health care practitioner; or (b) an individual younger than 18 years of age with a written recommendation from a health care practitioner and with the written permission of one parent or legal guardian. This initiative would make it legal for Nebraskans to acquire and possess cannabis for medical purposes.

Initiative Measure 438 proposes to create the Nebraska medical cannabis Regulation Act. This law would invalidate existing state and local criminal and civil penalties relating to the use, possession and distribution of cannabis for medical purposes by qualified registered cannabis establishments. Such establishments would be regulated by a Nebraska medical cannabis Commission composed of three to five people appointed by the governor and subject to confirmation by the legislature. Three members of the Nebraska Liquor Control Commission would also serve as ex officio non-voting members of the commission. The Nebraska medical cannabis Commission would be required to begin granting registrations to authorized producers and distributors of medical cannabis beginning Oct. 1, 2025.

Supporters of Initiative Measure 437 and Initiative Measure 438 contend that there are Nebraska patients who need to have safe and regulated access to medical cannabis based on the recommendations of medical professionals. Supporters point to certain ailments, such as epileptic seizures and Parkinson’s disease, that cannot be otherwise treated by traditional means but can be alleviated by medical cannabis. In order for patients to use medical cannabis in this state, the substance must first be made legal for medical purposes. Supporters also argue that there is a need for a regulatory framework to oversee all phases of the control, possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes by cannabis producers and distributors.

Opponents of Initiative Measure 437 and Initiative Measure 438 contend that this proposed law contradicts federal law by legalizing cannabis in all forms, including marijuana, hashish and concentrates, and the possession of drug paraphernalia. As such, there could be no restrictions on what types of cannabis products would be permissible. Products potentially allowed by this law could range from traditional oils and pills to tobacco products and candy. Opponents also argue that there is concern that the proposed law opens a loophole where individuals obtaining a certificate to possess and use medical cannabis do not have to be a patient of the certifying medical provider, the latter of which does not have to be a licensed pharmacist nor authorized to prescribe other medications. This may mean some medical professionals could abuse their authority under this law and freely issue medical cannabis certificates to people regardless of whether or not they have consulted with these people as patients or regardless of ailment or disease.

I invite you to let me know your thoughts, ideas, concerns, or suggestions. My Capitol office telephone number is 402-471-2801 while my email is [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.