Nebraska Emergency Cannabis Rules Face Backlash

Emergency regulations for Nebraska’s medical cannabis program have come under fire from the National Organization for the Reform of Marijuana Laws (NORML) and Nebraskans for Medical Marijuana (NMM).

Last week, the Nebraska Medical Cannabis Commission approved emergency regulations, which received the Governor Jim Pillen’s signoff this week. Among the rules is a ban on dispensaries selling raw plant material (botanical cannabis), smokeable and vapeable products, those containing flavouring or colouring, and edibles.

NORML says the Commission’s regulations represents a slap in the face to voters and bad public policy.

“Limiting patients’ options to solely cannabis-infused pills, tablets, lozenges, and other non-botanical formulations is not in their best interests,” said NORML Deputy Director Paul Armentano.

He said the regulations will encourage patients to obtain products from the illicit market.

“This undermines one of the primary goals of the voter-approved law, which is to provide authorized patients with quality-controlled products in a safe and transparent environment.”

NMM, which spearheaded the state’s legalization effort, is also protesting the regulations, stating Nebraskans exercised their constitutional right by enacting Statute 438 that legalized medical cannabis in all its forms, compelling the Commission to implement it as written. NMM says any attempt to dilute access or restrict parts of the plants is not only unacceptable, but also unlawful.

The Commission is accepting public comments at lcc.frontdesk@nebraska.gov until July 15th, with formal rules for the program to be finalised by October 1st. While the emergency rules can remain in effect for 90 calendar days, they can be renewed for a second 90 calendar day period.

“We encourage all Nebraskans to submit public comment on the proposed regulations, specifically how these regulations prohibit the use of whole-plant cannabis and limit methods of administering the medicine,” NMM says.

The emergency regulations can be viewed here.

NMM had been attempting to get medical cannabis legalised in the state for years. After multiple failed attempts, the issue was finally put in front of the state’s voters last November in two ballot initiatives that passed with more than 70% voting yes. There were further legal challenges, but Governor Jim Pillen signed proclamations that ballot measures 437 and 438 were law in December last year.