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Yahoo
26-06-2025
- Health
- Yahoo
Nebraska commission approves emergency medical cannabis regulations
The Nebraska Medical Cannabis Commission meets for a second time. Commissioners adopted emergency regulations to move forward with a regulated medical cannabis program in the state. Commissioners, from left: Lorelle Mueting of Gretna, Dr. Monica Oldenburg of Lincoln (chair), Bruce Bailey of Lincoln and J. Michael Coffey of Omaha. June 26, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — The Nebraska Medical Cannabis Commission on Thursday approved emergency regulations to begin accepting medical cannabis applications as soon as Gov. Jim Pillen gives his final green light. State law requires him to do so by Tuesday. The emergency regulations, unveiled for the first time minutes before the 10 a.m. meeting, largely mirror a legislative proposal that lawmakers stalled on last month. The regulations would take effect for up to 90 days, pending Pillen's approval. The two medical cannabis-related laws that voters approved mandate that applications must start being accepted no later than July 1. Commissioner Lorelle Mueting of Gretna, an addiction prevention specialist through Heartland Family Service, affirmed that commissioners want public feedback on the emergency regulations through July 15, to inform future, formal regulations. Public comments may be submitted to the repository for the Nebraska Liquor Control Commission, which will forward the messages onto the state's new Medical Cannabis Commission. 'The input that the public provides on these emergency regulations will help us immediately begin drafting the regular regulations,' Mueting said Thursday. Dr. Monica Oldenburg, an anesthesiologist who chairs the commission, will send a letter to Pillen relaying the emergency regulations and stating that the 'failure' to adopt them by the deadline 'would force Nebraskans to seek medical cannabis or similar products from unregulated and potentially harmful sources.' Pillen's office did not immediately respond to a request for comment on the emergency rules. Licensing of new establishments must begin by Oct. 1, according to the laws. The emergency regulations would allow licenses for, at minimum, cultivators, product manufacturers, dispensaries and transporters, and someone could be awarded only one type of license. Justification for emergency regulations under state law can include 'imminent peril' to public health, safety or welfare. Mueting and Oldenburg will head up a subcommittee to work on the regulations in the meantime. Commissioners also voted 4-0 to enter a legal partnership with the Nebraska Department of Health and Human Services and Pillen's Policy Research Office, which allows the commission to contract with DHHS for 'legal services.' Legislative Bill 677, which fell 10 votes short of the 33 votes needed to change a voter-approved law last month, 23-22, would have provided additional guardrails around the ballot measures that voters overwhelmingly approved in November. Up to 30 dispensaries would have been allowed under that bill, up to 10 in each congressional district. Under the emergency regulations, no more than one dispensary would be allowed in each of the state's 12 District Court Judicial Districts. Douglas County (Omaha) and Lancaster County (Lincoln) are the only counties that occupy a single district. Multiple medical cannabis advocates asked the commission to reconsider that specific restriction. No dispensary could located within 1,000 feet of any school, daycare, church or hospital. At least 51% of an applicant's business or organization would need to have resided in Nebraska and be a U.S. citizen for at least the past four years. Applicants also would need to pay to submit two legible sets of fingerprints to the FBI and the Nebraska State Patrol for a criminal background check. Unlike LB 677, the emergency regulations do not specify qualifying medical conditions. LB 677 would have outlined 15 conditions eligible for the medicine. That list excluded post-traumatic stress disorder. Nebraskans in November overwhelmingly legalized up to 5 ounces with the recommendation of a health care practitioner. The emergency regulations would require that a recommendation (from any provider nationwide) specify the product being recommended, the recommended dosage and potency, the number of doses, the directions for use and the name of the patient. The regulations would allow dispensaries to sell: Oral tablets, capsules or tinctures. Non-sugarcoated gelatinous cubes, gelatinous rectangular cuboids or lozenges in a cube or rectangular cuboid shape. Gels, oils, creams or other topical preparations Suppositories. Transdermal patches. Liquids or oils for administration using a nebulizer or inhaler. Dispensaries could not sell raw plant or flower, food or drinks with cannabis infused into it (edibles), any products containing artificial or natural flavoring or coloring and any products administered by smoking, combustion or vaping. LB 677 would have mandated testing of all products before they could be sold, one of the strictest testing regimes in the country. However, without a legislative change, the commission lacks the explicit authority to regulate testing under the medical cannabis laws. Instead, the emergency regulations say products 'may' be submitted for testing or research for development purposes. Packaging would need to be able to show it had been tampered with, child-resistant, resealable and protected from contamination. Similar to 2024 restrictions on vaping products, cannabis products could not depict cartoon-like fictional characters or mimic characters primarily aimed at entertaining minors, trademarks or trade dress or products that imitate or mimic products primarily marketed to minors, symbols primarily used to market products to minors or the images and likenesses of celebrities. Shari Lawlor of Valley told the commission that her 32-year-old daughter, Brooke, has faced severe seizures for the past 31 years but 'nothing in modern medicine has helped her,' including brain surgery in 2024. Shari Lawlor said her daughter has 11 bottles of medications and takes 'handfuls' of pills. 'They're going to kill her. If it's not one organ, it's another,' Lawlor said. 'I would just like the option to have complete access for the patients, and that's only by letting all different products on the market.' Jim Wilson, a clinical pharmacist speaking on behalf of the Nebraska Pharmacists Association, said he has seen positives and negatives of cannabis. He asked the commission to seek input from pharmacists because of possible side effects with other drug interactions. Wilson advocated for adding medical cannabis to the state's prescription drug monitoring program used for other medications, which LB 677 would have done, too. 'We are not interested in the politics or any particular party or any of that,' Wilson told the commission. 'We're interested in the patient and what might happen to them.' State Sen. John Cavanaugh of Omaha, who helped advocate for LB 677 in the most recent legislative session, said the commission has no legal authority to restrict the forms of cannabis available to patients. 'To disallow by regulation what is clearly allowed by statute is a slap in the face to the patients and families who need this medicine and the voters of Nebraska who approved it by an overwhelming majority,' he said in a text. State Sen. Ben Hansen of Blair, who introduced LB 677, had no immediate reaction. Crista Eggers, executive director of Nebraskans for Medical Marijuana, the campaign that ushered the laws through the 2024 election, said the ballot measures clearly legalized medical cannabis in all forms, including flower. She said it's also unclear where completed applications should be sent. Speaking with reporters after the meeting, Eggers said there are good components to the regulations and that she viewed Thursday's meeting as productive, while it had some drawbacks. She said that includes the commission voicing an intention to listen to the public and seek feedback. 'Today was a positive day, and I believe that we are moving in a forward direction,' Eggers said. 'We're not there. There's a long ways to go. But a good foundation today.' Bailey, who chairs the Liquor Control Commission, told Eggers that he and other commissioners had seen the regulations about 12 hours before Thursday's meeting and hope to tie down and clear up the regulations more about the regulations over the next month. 'We're asking for public feedback such that these things could be made whole,' Bailey said. 'The best we have right now is what's in here.' The eventual formal regulations the commission advances this summer must include at least 30 days notice of what's being considered before a public hearing. The commission set its next meeting for 1 p.m. Aug. 4, with a location to be determined. If there are no meetings before then, the likely public hearing on the more lasting regulations would be in September. Gov. Jim Pillen appointed Lorelle Mueting of Gretna and Dr. Monica Oldenburg of Lincoln as the at-large members of the Nebraska Medical Cannabis Commission. They join the three governor-appointed members of the Liquor Control Commission: Bruce Bailey of Lincoln, retired District Court Judge J. Michael Coffey of Omaha and Kim Lowe of Kearney. This was the first meeting for Mueting and Coffey, whom Pillen appointed last week. Pillen did not reappoint Commissioner Harry Hoch, Jr., to Coffey's seat, even though he applied for reappointment Feb. 2. Three other people applied for the seat. Hoch withdrew his reappointment application May 20 at the Governor's Office's request for more 'cannabis experience,' he told the Nebraska Examiner. State law requires commissions to publish rules or regulations on a commission website, but the Medical Cannabis Commission does not yet have one. It costs $70,000 to create a website through a specific state vendor, but commissioners can't collect fees or levy any taxes on medical cannabis and thus have no funds available, unless they 'borrow' funds from the Liquor Control Commission. The medical cannabis commissioners also don't have separate state emails or a set state address or phone number. Asked by commissioners how to remedy that situation, or if they would violate state law without a website, Assistant Attorney General Benjamin Swanson said: 'I understand that that's the position that you're in. I unfortunately can't — I don't have any information for you on how to fix that problem.' The commission entered closed session multiple times Thursday, often to discuss regulations and/or pending and potential litigation against the commission. Commissioners did not state whether a closed session was 'clearly necessary' for 'the protection of the public interest' or 'prevention of needless injury to an individual, if such individual has not requested a public meting' before any of the three times, as required under the Open Meetings Act. Asked by the Nebraska Examiner whether it was for either of those overarching reasons, Bo Botelho, chief legal officer of the Nebraska Department of Health and Human Services, who is now working with the Medical Cannabis Commission, said, 'No.' — Zach Wendling, Nebraska Examiner reporter SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
31-05-2025
- Business
- Yahoo
Two new Nebraska medical cannabis regulators approved over opposition from patients, families
Nebraska advocates for medical cannabis have worked for more than 12 years, and continue to wait, for a safe, regulated system in Nebraska, after winning voter approval in November. Pictured are many longtime advocates for the effort. (Photos courtesy of Nebraskans for Medical Marijuana) LINCOLN — Lawmakers approved the governor's two appointees to the Nebraska Medical Cannabis Commission on Friday over opposition from long-term advocates that the new members could delay or derail the rollout of the voter-approved medicine. In separate votes, the Legislature approved the six-year commission appointments of Dr. Monica Oldenburg of Lincoln, an anesthesiologist, and Lorelle Mueting of Gretna, prevention director for Heartland Family Service. Oldenburg's confirmation vote was 34-11. Mueting's was 27-16. Committee advances Nebraska Medical Cannabis Commission appointees The two appointees needed at least 25 votes to be confirmed. Had one or both been rejected, Gov. Jim Pillen could still appoint someone else in the interim, without a legislative vote until 2026, or the same person if he chose. Much of Friday's debate on the confirmations, about 30 minutes for each nominee, revolved around whether the personal views of each woman could be separated from their new professional roles. For multiple years, Mueting and Oldenburg have opposed medical cannabis legislation at the State Capitol, including Mueting earlier this year. Those legislative efforts were often supported by Nebraskans for Medical Marijuana and other long-time advocates who, in November, succeeded after a decade of pushing to legalize and regulate the medicine, often facing pushback from top state officials. The 71% voter approval for legalization and 67% for regulations also created the new state regulatory commission that Mueting and Oldenburg will now join. They will serve with the three commissioners on the Nebraska Liquor Control Commission, per the ballot measure. Those commissioners are Bruce Bailey of Lincoln and Kim Lowe of Kearney, with one vacancy still to be filled by Pillen to represent Nebraska's 2nd Congressional District. State Sen. Rick Holdcroft of Bellevue, the chair of the Legislature's General Affairs Committee that advanced Oldenburg 5-2 and Mueting 5-3, called the two candidates highly qualified. He said Oldenburg's extensive experience, combined with deep concern for the health, safety and overall well-being of Nebraskans through her 18 years of medical service, would shine. Holdcroft added that Mueting had a strong record of promoting public health issues while thoughtfully balancing public health goals with public safety considerations. Multiple senators, including State Sen. Jared Storm of David City, said the two would make a great team and keep Nebraska focused on medicine, not recreational marijuana. 'I honestly don't know of two better people to be on this board,' Storm said Friday. Mueting had said last week that her goal as a prevention specialist for 24 years has been to prevent people from having substance use problems and that she's looked at medical cannabis from a '360-degree view.' 'Helping to guide the rulemaking process around the needs of the people it's intended to serve is my goal,' Mueting said. 'There's nothing about that goal that says we need to sacrifice public health and safety to attain it.' Oldenburg said last week that she is 'not a prohibitionist' of cannabis but is 'pro-research.' She said cannabis has 'a place in pain management' for certain ailments that cause suffering. 'Nebraska needs to seize the opportunity to be slow and deliberate in the manner in which we determine how best to designate appropriate conditions for medical cannabis and regulate those entities that will dispense medical cannabis in our state,' Oldenburg said. 'I look forward to working with various parties to ensure that we in the State of Nebraska get this right.' State Sen. Ben Hansen of Blair, who like Storm is a Republican, opposed Mueting but supported Oldenburg. Hansen brought Legislative Bill 677 earlier this year to set clearer medical cannabis regulations and guardrails with the backing of volunteers from the 2024 campaign. LB 677 fell 10 votes short of advancing on May 20, the opposition of which Storm led. Mueting testified against the bill in March. Hansen said he was concerned about Mueting's impartiality and that lawmakers shouldn't appoint someone who believes in prohibition to the Liquor Control Commission or someone who works for PETA to the Nebraska Brand Committee. He said the same goes for someone to the Medical Cannabis Commission who 'denies the legitimacy of medical cannabis to the very body tasked with implementing this regulation.' 'This isn't just about professional qualifications,' Hansen said. 'It's about trust. Trust in the will of the voters. Trust in the integrity of this new commission and trust that we are putting the right people in place to carry out a law passed and overwhelmingly supported.' State Sen. John Cavanaugh of Omaha, vice chair of the Legislature's General Affairs Committee, said that while both Mueting and Oldenburg might be nice people, he was worried about 'artificial hurdles.' He supported LB 677 partly because it would have set a path toward 'access.' The Medical Cannabis Commission is charged 'exclusively' with the power to regulate the control of the possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes in the state. Rules and regulations for medical cannabis dispensaries are due July 1 under the voter-approved laws. Licensing is supposed to begin by Oct. 1. LB 677 supporters and other advocates had voiced concerns that the Medical Cannabis Commission could craft regulations that prevent meaningful 'access.' Nebraska Attorney General Mike Hilgers has already vowed to sue the commission if it issues any medical cannabis licenses. He argues it is against federal law. Hansen said the public is paying attention, noting that the remaining dozens of gubernatorial appointments that lawmakers considered over the past five months, lawmakers had received 21 online comments. But for Mueting and Oldenburg combined, lawmakers had 208 online comments, Hansen said. Crista Eggers, executive director of Nebraskans for Medical Marijuana, said the Legislature again threw a 'wrench' in the will of Nebraska voters. She criticized senators who used the ballot measures as a reason to oppose Hansen's LB 677 but then voted to confirm appointees who 'will slow-roll access for patients in this state.' Eggers said the mission continues to be on patients, as it has been 'from day one,' despite what some legislative opponents say. 'The representatives in the state that have misrepresented our mission will see their day where the people hold them accountable. Mark our words,' Eggers said in a statement. 'The patients of this state may be weary, may be tired, but they stand strong and will hold lawmakers accountable for their votes. They have the blood of Nebraskans on their hands.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
