Latest news with #NebraskaMedicalCannabisCommission
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
10-06-2025
- Business
- Yahoo
Nebraska Medical Cannabis Commission hosts first meeting ahead of major deadlines
The current membership of the Nebraska Medical Cannabis Commission hosts an inaugural meeting. From left, Commissioners Monica Oldenburg, Kim Lowe and Bruce Bailey. At left is the seat for Commissioner Lorelle Mueting of Gretna. June 9, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — The Nebraska Medical Cannabis Commission hosted its inaugural meeting Monday ahead of a fast-approaching July 1 deadline to set licensing criteria and an Oct. 1 deadline to begin issuing licenses. Emergency regulations will more than likely need to be adopted to meet the July deadline that voters approved in November, because of public hearing notice requirements for regulatory changes. Next steps remain unclear for the commission, which has a very limited amount of funds for the task. Commissioner Bruce Bailey of Lincoln, who separately chairs the Nebraska Liquor Control Commission, said the goal is to come up with something to show the public by July 1 and seek feedback. 'That's where we are at this time,' Bailey told reporters after the meeting. ''Til then, we really don't know anything.' Bailey said his 'gut feeling, realizing what a short window it is,' is that the board will 'most likely' need to consider emergency regulations. Assistant Nebraska Attorney General Ben Swanson, who explained the typical rulemaking process to commissioners on Monday, said he would address the emergency process at the next commission meeting at 10 a.m. on June 26. The commission was still deciding on a location. It was not immediately clear whether the group would hold additional meetings before the July 1 deadline. Under normal rulemaking conditions, an agency or commission drafts guidelines and sets a hearing for public comment. The public must be notified at least 30 days before said hearing. If commissioners approve the proposed rules and regulations later this month, with no significant changes, the guidance will be sent to the Attorney General's Office for constitutional review. The governor has final say on the rules and regulations before they are filed with the Secretary of State's Office. If the commission makes significant changes, there must be another hearing with another 30-day notice. Much of the first meeting focused on administrative hurdles, including the Open Meetings Act for virtual and in-person meetings and support from the Nebraska Department of Administrative Services for budget control and human resources. Bailey and Crista Eggers, executive director of Nebraskans for Medical Marijuana, the group that led the new laws through the process to the measures' 2024 wins at the ballot box, described Monday's meeting as a needed 'step.' 'We have to take the wins when we get the wins,' Eggers told reporters. 'Today, having a meeting was a win.' However, Eggers cautioned that major questions remain about how the commission will find funds to work, the timeline for future regulations and how commissioners will respect what the people had in mind when they passed the new laws. 'We have always been committed to sticking in here and advocating and fighting and educating until the day that we see Nebraska patients who need medical cannabis as an option have it, that it's accessible to them, that it's safe for them,' Eggers said. 'That day is not here yet.' State lawmakers in May approved a two-year state budget with a $30,000 increase in the Nebraska Liquor Control Commission's bottom line for staffing related to any of the commission's shared duties with the Nebraska Cannabis Commission, for staff who might take on new duties under the medical cannabis law. Voters placed all three members of the Nebraska Liquor Control Commission on the Medical Cannabis Commission. The governor changed the commission's members in recent weeks by choosing not to reappoint Harry Hoch, Jr., to the 2nd Congressional District seat, leaving just Bailey and Commissioner Kim Lowe of Kearney, as first reported by the Nebraska Examiner. However, lawmakers didn't approve creating a new budget line for the Medical Cannabis Commission the way they did when the Asian American Affairs Commission was created in 2024. Lawmakers also declined to pass a bill clarifying the framework within the Liquor Commission for medical cannabis-related spending and revenue collection. The result is an unclear system that commissioners started grappling with on Monday. Jacob Leaver, deputy state budget administrator, said spending from a Liquor Control Commission cash fund should be used for the 'bare minimum.' He suggested that the cannabis commissioners approve a 'subprogram' in the state budget, which can be done administratively but doesn't equate to new spending. He said commissioners 'theoretically have $0 of appropriation.' 'Essentially, you have to 'borrow' [an] appropriation from the liquor side into that new subprogram for the medical cannabis side,' Leaver said. The Liquor Control Commission has one cash fund, with a maximum annual spending limit of $100,000, which was slightly increased this spring. The fund collects revenue from various liquor-related fees, such as for registration or server training, or from selling copies of governing rules and other documents. The fund is rarely used but tapping into it creates a new juggling act. State law allows those funds to be used for 'any administrative costs' associated with specific liquor statutes. Medical cannabis statutes were placed in a different section of the law, and the budget bills did not expressly authorize additional spending from that fund. Bailey asked whether those funds could be paid back if the Liquor Control Commission authorized diverting funds for the Medical Cannabis Commission. Leaver said 'yes and no,' as the Medical Cannabis Commission collects no general state taxes (income, sales, etc.) but could direct application fees, for instance, back to the cash fund. Liquor commissioners could ask the Legislature for more funds in 2026 or backfill spending, state budget officials have said. Bailey told reporters the commission would look into getting some funds soon in the face of a tight budget but 'a large goal.' 'We'll do our best, as we can,' Bailey said. Bailey and Lowe were sworn into their new roles Monday, as was Dr. Monica Oldenburg of Lincoln. The trio unanimously voted to elect Oldenburg, an anesthesiologist, as chair and approved up to two members to meet with outside consultants or experts and come back with that information. Commissioner Lorelle Mueting of Gretna missed the first meeting. Oldenburg defended Mueting as having had a prior commitment and said commissioners tried to get to work as soon as possible. The AG's Office did not, as it has in the past, threaten the commission Monday with a future lawsuit if licensing moves forward by the Oct. 1 deadline. Attorney General Mike Hilgers and his staff have repeatedly threatened that action, including in court and before the Legislature. Legal action continues in Lancaster County District Court, with a longtime marijuana opponent, former State Sen. John Kuehn of Heartwell, trying to void the new medical cannabis laws. Kuehn's filings argue that the laws are an unlawful delegation of power and run afoul of federal laws against marijuana. Hilgers and his office have argued the AG should be the one to challenge the laws on encroaching on federal constitutional powers and have asked that Kuehn's case be dismissed. Lancaster County District Judge Susan Strong is currently considering whether to dismiss the case. However, a June 5 filing from Kuehn now seeks to add Oldenburg and Mueting to the case while removing Hoch from the lawsuit. Hoch was not reappointed to the commission as Gov. Jim Pillen seeks someone with more 'cannabis experience,' according to Hoch. 'This is a constantly evolving and fast-moving controversy as government actors actively seek new ways to use taxpayer resources to implement the measures at issue,' the latest court filing from Kuehn said. One of Kuehn's attorneys, former State Sen. Andrew La Grone, attended Monday's inaugural meeting of the Cannabis Commission. Kuehn's lawsuit also targets Pillen, Secretary of State Bob Evnen, other state officials and the three sponsors of the 2024 campaign, including Eggers. Eggers said she hopes the commission remembers the lives at the center of the fight, including her son who has a severe form of drug-resistant epilepsy. She said the window of opportunity to work together for safe access remains open. 'I hope they approach this remembering that the decisions and the way they do this does impact real people, and those real people and the patients and the voters of the state are watching,' Eggers said of the commission. 'I believe they have a very, very strong expectation to how this goes.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
27-05-2025
- Business
- Yahoo
Committee reconsiders, favorably advances second Nebraska Medical Cannabis Commission appointee
Lorelle Mueting of Gretna, prevention director for Heartland Family Service, testifies before the General Affairs Committee for her potential appointment to the Nebraska Medical Cannabis Commission. May 22, 2025. (Screenshot of Nebraska Public Media livestream) LINCOLN — A legislative committee on Tuesday reconsidered and favorably advanced a second Nebraska Medical Cannabis Commission appointee who had tied in a 4-4 vote last week. In a quick meeting Tuesday, State Sen. Stan Clouse of Kearney flipped his opposition to Lorelle Mueting of Gretna, the prevention director at Heartland Family Service in Omaha. Clouse said he supported advancing Mueting's nomination so the full Legislature could consider her appointment instead of keeping the nomination in the General Affairs Committee. Had the committee not advanced Mueting by the end of the legislative session, scheduled to end June 9, she would have been added to the commission without a vote of the full Legislature. Committee advances Nebraska Medical Cannabis Commission appointees The voter-approved Medical Cannabis Commission is charged with crafting rules and regulations by July 1 so licensing of medical cannabis dispensaries can begin by Oct. 1. Clouse said his original reservations came because Mueting didn't have a 'great' confirmation hearing Thursday. After she spoke, long-time medical cannabis supporters voiced concerns over Mueting. That was contrasted with Dr. Monica Oldenburg of Lincoln, an anesthesiologist, whom Clouse supported in part because he wants someone with a medical background on the regulatory commission. Both nominees eventually advanced 5-3, in a party-line vote between Republicans and Democrats. Oldenburg stayed for the three-hour hearing. Mueting left after three invited witnesses spoke in favor of her appointment. The appointees would need at least 25 votes in the Legislature to be confirmed. They would join the three members of the Nebraska Liquor Control Commission to comprise the new regulatory commission for medical cannabis. Clouse said he wants to keep an open mind before deciding how he'll vote on the appointments. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
08-05-2025
- Politics
- Yahoo
Nebraska attorney general steps up medical cannabis opposition, regulatory bill awaits debate
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways Nebraska Attorney General Mike Hilgers, center, leads a news conference against Legislative Bill 677 that seeks to help implement medical cannabis regulations in the state. About a dozen law enforcement officials joined against the legislation as it awaits full legislative debate. May 7, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska Attorney General Mike Hilgers escalated his opposition to legislative efforts to help implement medical cannabis Wednesday, parading out more than a dozen law enforcement officers who support his stance. At a Wednesday news conference, Hilgers blasted Legislative Bill 677, from State Sen. Ben Hansen of Blair, asserting that the effort to build a regulatory framework around voter-approved medical cannabis is nothing more than a path to recreational marijuana that he argued would 'supercharge the black market.' As he has already said this year, he urged lawmakers to wait until at least January, as he continues challenging in court the laws that voters approved last fall. 'This is not about the will of the people,' Hilgers, joined by various sheriffs, said of LB 677. 'This is going to make Nebraska less safe, more dangerous. It's going to handcuff the good men and women here that are in front of you and all their colleagues around the state.' Coming Friday Families, advocates speak out on pending medical cannabis regulations. Hansen, other lawmakers and supporters of the 2024 ballot measures have already indicated that they have no intention to wait. They argue that without LB 677, the voter-approved laws could become the 'wild west' or prevent Nebraskans who need cannabis the most from accessing it. The voter-approved laws allow up to 5 ounces of medical cannabis with a physician's recommendation. In effect since December, the laws passed in November with 71% voter approval. A new Nebraska Medical Cannabis Commission is set to write new regulations around the laws, part of a companion ballot measure that passed with about 68% approval. 'Our fight remains' Hansen told reporters after Hilgers' news conference that LB 677 being recreational 'couldn't be farther from the truth' and that 'turning a blind eye' to the ballot measure would hurt voters. 'That would be like saying we're providing recreational opiates or recreational fentanyl,' Hansen said. 'We don't do any of that.' Crista Eggers of Nebraskans for Medical Marijuana, center, leads a news conference urging legislative support for bills to help implement a safe, fully regulated medical cannabis system. March 3, 2025. (Zach Wendling/Nebraska Examiner) Crista Eggers, executive director of Nebraskans for Medical Marijuana, said there was 'no greater hypocrisy' than Hilgers' telling the Legislature to respect the will of the voters 'after actively working to undermine it at the ballot box, in the courts and within the Legislature itself.' Eggers, who led the 2024 ballot measure, the third campaign for the group, said Hilgers' actions were primary reasons why medicinal cannabis continue to be out of reach for many. 'Our fight remains as it always has: as a voice for Nebraska patients — real people in our communities who are suffering,' Eggers said in a statement. 'As long as patients like Will, Brooke, Jayen, Kyler, Colton, and countless others are suffering, you have our unwavering commitment: We will never stop fighting.' Regulations remain in limbo Hansen and State Sens. Rick Holdcroft of Bellevue and John Cavanaugh of Omaha, chair and vice chair of the Legislature's General Affairs Committee, hosted three town halls this weekend, in La Vista, Omaha and Lincoln, receiving feedback on LB 677 and a new amendment. It was that new amendment, AM 1251, that got LB 677 out of committee in a 5-3 vote last week after earlier stalling in committee. The 124-page amendment makes various changes to the laws but is intended to put in place various regulations and safeguards around the new Medical Cannabis Commission. An attorney for the commission has said in court filings that, without the follow-up legislation, commissioners have 'no ability to carry out any duties' set forth in the new laws. As of late March, no meetings. No deliberations. No votes. No employees. No regulations. State Sen. Ben Hansen of Blair, left, listens as Speaker John Arch of La Vista addresses the Nebraska Legislature. July 26, 2024. (Zach Wendling/Nebraska Examiner) LB 677, with the amendment, would move the process forward, giving the commission more time to act, through Oct. 1 rather than July 1, but also more guardrails. As it stands, the Nebraska Medical Cannabis Commission within the executive branch and its five governor-appointed members would get full rein over regulations, which could set up a system more restrictive than LB 677 or its amendment. Hilgers, whose office is defending other state officials in that same lower-court case against the voter-approved laws, said of the commission's position: 'We think they're wrong.' 'If they're taking that position, then they're contrary to the law and to the will of the people,' Hilgers said. However, those comments came as Hilgers and his staff await the commission's regulations and the eventual licensure of medical dispensaries. When that happens, Hilgers' office has threatened to bring a new lawsuit. Core criticisms Among Hilgers' main concerns is that LB 677 would restrict the sale of cannabis flower, up to 2 ounces, a 'gigantic loophole' he said would open the door to smoking. While LB 677 prohibits smoking, he said allowing flower 'is like saying you can buy the beer, you can bring the beer home, you can put the beer in your refrigerator, but whatever you do, just don't drink the beer.' The ballot measure legalized 5 ounces of cannabis 'for all parts' of the cannabis plant, including flower, which can be ground into joints or blunts. It can also be processed to be used in vaporizers, edibles, tinctures, creams and more, which would be allowed under LB 677. Nebraska Attorney General Mike Hilgers holds up an amendment to Legislative Bill 677 that seeks to help implement medical cannabis regulations. Hilgers led a news conference with about a dozen law enforcement officials against the legislation as it awaits full legislative debate. May 7, 2025. (Zach Wendling/Nebraska Examiner) Hilgers also criticized that in a list of 15 qualifying conditions in LB 677's amendment, the proposal would allow medical cannabis for certain serious medical conditions or chronic pain, which he said would blow the list 'wide open.' The list was created a few years ago with the Nebraska Medical Association. The list does not currently include post-traumatic stress disorder. The ballot measure legalized cannabis for all conditions with a practitioner's recommendation. Also on the list of criticisms is that LB 677's amendment would not allow anyone to go after medical practitioners for recommending cannabis, and there would be little process to take away a patient or caregiver's practitioner-approved card, also a new system in LB 677. Hilgers said his office plays an 'enormously critical role' in ensuring health professionals follow their license. However, he said if a health care practitioner recommends cannabis to a pregnant woman, whose pregnancy ends in miscarriage or fetal development disability, or someone with a history of mental health challenges commits suicide or murder, the state needs leeway to act. Asked by a reporter whether disciplinary action would be on a case-by-case basis, Hilgers said sometimes yes, but he acknowledged that all physicians who recommend cannabis could be at risk, which comes as the state continues to face health care staffing shortages. He said it's an 'ethical violation' to encourage patients to break federal law. 'All health licensure is at risk of revocation, except in this case, if this bill were passed,' Hilgers said. Hilgers, while telling reporters he didn't want to speculate, talked about hypothetical scenarios in which patients or caregivers could start to accumulate 'pounds' of cannabis and sell it to friends or neighbors. No matter LB 677 or the ballot measure, that would be illegal. State Sen. John Cavanaugh of Omaha speaks with reporters after the core legislative proposal seeking to help implement medical cannabis stalls in committee. April 17, 2025. (Zach Wendling/Nebraska Examiner) Hilgers rejected a reporter's question that he was 'punishing' anyone or using supposed bad actors to argue against medicinal cannabis generally. Hansen and Cavanaugh have said that preventing the 'black market' starts with reasonable regulations. That includes seed-to-sale tracking and using the state's prescription drug monitoring program, used for drugs such as opiates or fentanyl, Hansen said. Opposition largely with ballot measure LB 677 and its amendment would be able to identify issues in Nebraska's program within 'about two seconds,' Hansen said, while providing new resources and guidance to law enforcement. Cavanaugh, a lawyer, noted that nearly all of Hilgers' criticisms were of the ballot measure, not LB 677. More than 300 people attended the weekend events, Cavanaugh estimated, and 97 speakers (some repeats across the three events) spoke to a bipartisan group of 13 senators. Cavanaugh said it is 'disingenuous' to organize opposition at this 'late hour' but not work with Hansen or the General Affairs Committee beforehand. Now, Cavanaugh said Hilgers' goal is to stop the legislation from passing at all. 'He's losing in the courts and trying to win in the Legislature,' Cavanaugh said. Hilgers also sent a letter to Speaker John Arch of La Vista, who could schedule LB 677 for debate later this month after the state budget passes. Hilgers served as speaker before becoming attorney general two years ago. Lancaster County Sheriff Terry Wagner speaks against a legislative proposal for additional medical cannabis regulations through Legislative Bill 677. Wagner in 2020 helped toss a previous ballot measure off the ballot in front of the Nebraska Supreme Court. May 7, 2025. (Zach Wendling/Nebraska Examiner) Arch confirmed he had read the letter and said it would have no effect on scheduling LB 677 for debate. At the news conference, Lancaster County Sheriff Terry Wagner said LB 677 was 'purely' recreational marijuana 'masked' as medicinal. Sarpy County Sheriff Greg London said it was a 'red herring to get into full-fledged recreational marijuana.' Joining the letter were Sheriffs Neil Miller (Buffalo), Colin Caudill (Otoe), Robert Sorenson (Cass), Dwaine Ladwig (Polk), Shawn Messerlie (Colfax), London (Sarpy), Tom Decker (Dixon), Mark Overman (Scotts Bluff), Aaron Hanson (Douglas), Mike Vance (Seward), Lynn Lyon (Johnson), Mike Robinson (Washington), Wagner (Lancaster), Paul Vrbka (York) and Brent Lottman (Nemaha). Vrbka also signed on behalf of the Nebraska Sheriffs Association as president, as did Police Chief Kenny Denny on behalf of the Police Chief Association of Nebraska. Gov. Jim Pillen, speaking with the Nebraska Examiner last week, declined to comment on LB 677 other than to say cannabis wouldn't be approved in a form that could become recreational. 'My advocacy for it is that if you have a medical condition [and] you need it, you'll get it, but it's going to taste like crap,' Pillen said. 'It's going to be a bitter pill to swallow.' 'Think with the heart' If lawmakers do not act, Hansen has said Hilgers' actions could inadvertently lead to recreational marijuana in a different ballot measure. At the public forums this weekend, Hansen discussed that lawmakers might not be able to get at the 'full apple' but would work to get 75%, 80%, and expand legislation in the future. He asked those in attendance Sunday if they would support recreational marijuana on the ballot if LB 677 failed and medicinal marijuana remained out of reach. Of dozens of people in attendance, nearly every single one raised their hands. Hansen has asked Nebraskans to share their stories, particularly with his Republican colleagues, to help LB 677. He estimated it could be scheduled for debate shortly after the state budget is passed, which must be done by May 15. The Legislature is set to adjourn June 9. 'We're so kind of caught up sometimes in the minutia of this bill and the taxing and the regulation, which is good, but we sometimes forget about the people actually going to use this,' Hansen told reporters. 'We need to think with the heart a little bit here as well as our head.' Nebraska Attorney General Hilgers discusses future, stance on medicinal cannabis Nebraska Attorney General Mike Hilgers, in a one-on-one interview with the Nebraska Examiner on Wednesday, said he recognizes that voters are angry with him over his continued opposition to medical cannabis, including in the courts and at the Legislature. Hilgers said he recognizes separation of powers between the branches of government but views himself as the state's voice for law enforcement officers and said it's his duty to speak up. 'I'm a big boy. It doesn't bother me,' Hilgers said of opponents. 'I've gone through the wars. What people way to say they want to say.' While some view his actions as 'just political,' Hilgers said, if that's true, 'it's not a very good political decision' because 70% of voters legalized medical cannabis. He said most politicians base 'political decisions' on the winning side of 70-30 issues, but 'that is not what I ran on.' 'I could not go to my grave looking backward at the work that I did, whether it's in the Legislature or here, and having that kind of a consideration for me not to do the right thing,' said Hilgers, a former six-year member of the Legislature. 'And in this case, I think it's the right thing.' Attorney General Mike Hilgers. (Zach Wendling/Nebraska News Service) Dozens of other states have legalized medical cannabis, which Hilgers said is part of the reason voters are frustrated. He said it's an 'abject failure' of the feds to not follow the law they created. 'I think two plus two is four even if everyone else says two plus two is five,' Hilgers said. Hilgers said his 'heart goes out' to anyone in pain who feels they can't access something that they feel could alleviate the hurt. But he also asked 'what about' those whose lives have been 'ravaged' by drug use or Nebraskans harmed by marijuana-like products, including a wife who had to call law enforcement on her husband who 'lost his mind' and a man in a southwest Omaha neighborhood this week who ran around without any clothes saying he was going to kill people. Hilgers said he is also working to uphold the 'integrity' of the ballot measure process with his work, referencing his office's efforts to decertify the medical cannabis ballot measures last year alleging widespread fraud. Those legal arguments were rejected in Lancaster County District Court last, and Hilgers is appealing to the Nebraska Supreme Court. Of four targeted campaign notaries in that case, Hilgers confirmed none have been charged or convicted. Campaign officials have denied wrongdoing. 'People might be upset today. They might be upset in 10 years,' Hilgers said. 'But at the end of the day, it's a principle that matters for all of us, and that's what I'm defending.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
31-03-2025
- Politics
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Attorneys argue against preemption lawsuit targeting Nebraska medical cannabis law
Crista Eggers of Nebraskans for Medical Marijuana, center, leads a news conference urging legislative support for bills to help implement a safe, fully regulated medical cannabis system. March 3, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — The new commissioners set to regulate medical cannabis in Nebraska, as well as the ballot sponsors of the successful effort to legalize it in 2024, blasted an ongoing lawsuit against them as 'meritless' and seeking to create a 'false conflict.' In briefs filed Friday, attorneys for the 11 defendants named in the John Kuehn v. Gov. Jim Pillen case explained why they are seeking to dismiss the case. Kuehn, a former state senator, former State Board of Health member and longtime marijuana opponent, filed the case in December. It sought to declare the voter-approved legalization and regulation of medical cannabis unconstitutional. He expanded the case in January to encompass more state officials. The lawsuit's main argument is that the Nebraska laws are unlawful, or preempted, because of the federal Controlled Substances Act. John Kuehn initial lawsuit (filed Dec. 10) John Kuehn amended lawsuit (filed Jan. 10) State officials brief in support of motion to dismiss (filed March 28) Nebraska Medical Cannabis Commission brief in support of motion to dismiss (filed March 28) Ballot sponsors brief in support of motion to dismiss (filed March 28) Typically, cases can only move forward if the party suing can prove direct harm because of the laws, known as 'standing.' Kuehn has conceded he can't prove standing directly, so to get his foot in the door, he is arguing that his case has standing on behalf of the 'taxpayer' or 'great public interest,' narrow paths for certain cases to proceed. The first standard regards the spending of public dollars, while the second argues the matter should be taken up because it is of a 'great public interest' to Nebraskans. The lawyers for five state officials, the three commissioners on the Nebraska Medical Cannabis Commission and the three ballot sponsors said neither type of standing applies to Kuehn. 'There is no 'great public interest' in invalidating a law approved by a massive supermajority of Nebraska voters which will be susceptible to challenge by many,' the attorney wrote for Bruce Bailey of Lincoln, Harry Hoch, Jr. of Omaha and Kim Lowe of Kearney of the Nebraska Medical Cannabis Commission. Kuehn's legal team had no immediate comment on the new filings. His team has until late April to file a response under a briefing order by Lancaster County District Judge Susan Strong. Strong, who ruled against Kuehn in an earlier marijuana-related case, has scheduled an in-person hearing on the motions to dismiss the preemption case for May 20. The sponsors of the medical cannabis ballot measure criticized Kuehn's lawsuit as an attempt 'to flip federalism on its head.' They said Kuehn 'supports an expansive federal government and a weakened state government at the expense of Nebraska voters who just passed two laws by huge margins.' Voters overwhelmingly approved the measure to legalize up to 5 ounces of medical cannabis with a physician's recommendation with 71% support. It secured majority support in all of Nebraska's 49 legislative districts. A second measure to regulate medical cannabis through the newly created commission passed with 67% support, including majority support in 46 legislative districts. Campaign attorneys said the federal government — under presidents from former President Bill Clinton to President Donald Trump earlier this year — has never taken the preemption position. The federal government still lists marijuana as a Schedule I drug, which is defined as having no currently accepted medical use and a high potential for abuse, though the Trump and Biden administrations have taken steps toward reclassifying the drug. The U.S. Department of Justice has also not prosecuted violations of federal cannabis law in states that have legalized marijuana, the ballot sponsors' attorneys wrote. Congress has also annually prohibited the Justice Department from spending funds to prevent states from implementing medical cannabis laws. 'Congress's purpose is the ultimate touchstone in every preemption case, and here, Congress has decided to allow states to enact their own medical cannabis laws,' the ballot sponsors said. Attorney Jason Grams of Omaha, for the commissioners, said that while it is true that marijuana possession, manufacture and distribution are federally illegal, 'that is far from the end of the analysis.' Grams said preemption in this case, as Congress has designed it in the Controlled Substances Act, is implicated when it is 'physically impossible' for a state law to coexist with federal law. In the 39 states that have legalized medical cannabis, including Nebraska last fall, none has been thrown out on federal preemption standards, the commissioners said. 'We simply hold state sovereignty in greater regard than that,' Grams wrote. Lawmakers, advocates mull medical cannabis regs to prevent 'Wild West' in Nebraska Grams represented the Nebraskans for Medical Marijuana campaign in 2020 against a lawsuit brought by Lancaster County Sheriff Terry Wagner. The Nebraska Supreme Court ruled against the campaign and removed the measure off the ballot. The campaign tried again in 2022 and 2024 before succeeding at the ballot box. Ballot sponsors have similarly pointed to the 10th Amendment to the U.S. Constitution, which states: 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.' The AG's Office did not address federal preemption in its motion to dismiss other than to say that 'Kuehn may be correct on the merits of his substantive challenges.' Pillen and Hilgers have both hinted at questions regarding marijuana under federal law. The ballot sponsors said Kuehn is in an 'odd position' of being a Nebraska taxpayer suing 'not to vindicate the rights of his fellow taxpayers but to secure the rights of the federal government.' 'Unlike most taxpayer lawsuits, success for Kuehn would not save taxpayers money — to the contrary, Kuehn's success would decrease tax revenue, thereby increasing the per capita tax burden and harming taxpayers,' the brief states. 'The federal government, not a resident taxpayer, is the interested party.' Another challenge in taking up Kuehn's case now, Grams added, is pending legislation being considered by the Nebraska Legislature, which could render 'moot' the statutes that Kuehn is challenging. He said Kuehn's arguments against the commissioners 'are aiming at a moving target.' The main proposal, Legislative Bill 677 from State Sen. Ben Hansen of Blair, has not yet advanced from the General Affairs Committee. A vote on whether to advance the bill could come this week. The commission also has no public dollars set aside to carry out its duties — no state funds, no donations, no fee revenue, no office, no address, no contact information, no equipment, no staff. 'No ability to carry out any duties set forth in the NMRCA [Nebraska Medical Cannabis Regulation Act],' the brief continues. Up until Friday, with a 'complete lack of resources,' the commissioners have: Executed no contracts. Held no meetings. Advertised for no meetings. Carried on no deliberations. Held no votes. Issued no regulations. Commenced no work on regulations. Sought no office or meeting space. Sought to hire no employees. Began no work on the criteria for licensure. Retained no law enforcement resources. As approved by voters, commissioners must craft regulations for licensure by July 1, which is three months away. Licensing is supposed to begin by Oct. 1. Under a pending bill, those deadlines could be extended and the commission could receive appropriations. Members of the new Medical Cannabis Commission said the argument that the potential use of future taxpayer dollars is enough to move the case forward is 'bunkum,' or nonsense. The ballot sponsors' attorneys said allowing the case to proceed could implicate the 'incidental expenditures' of any state law and could allow any challenge to any law. They said allowing Kuehn to move forward on 'taxpayer standing' grounds 'would effectively swallow the rule — contrary to the Supreme Court's instruction to apply the exception narrowly.' If Kuehn is seeking to prevent someone from appropriating funds, the commissioners said, then Kuehn 'has sued the wrong parties' and instead 'must address his claim to the Legislature.' There's also a technical fight for the commissioners, with Grams arguing that none of the commissioners was properly served as part of the case. Kuehn's mostly out-of-state attorneys sent 'legal threat' letters on Jan. 9, one day before the commissioners were added to the lawsuit, telling them not to enforce the laws. Medical cannabis bill awaits amendment as possible green light to full Nebraska Legislature However, the letter was sent to email addresses that Kuehn 'guessed at' but that the commissioners don't have access to, was mailed to the Nebraska Liquor Control Commission where the commissioners have dual roles at (but is separate) and was left with a woman in the AG's Office, but not with the commissioners. None of the commissioners had seen the legal threat telling the commissioners not to act until 'long after' Jan. 10, the brief states, and Kuehn didn't give 'even a day to consider his demand, if he gave them a chance to review it at all.' In addition to Pillen, the AG's Office is also defending Secretary of State Bob Evnen, CEO Steve Corsi of the Nebraska Department of Health and Human Services, State Treasurer Tom Briese and Tax Commissioner Jim Kamm. The AG's Office said Evnen can't be sued in a duplicative case on the topic. Kuehn continues to appeal his defeated lawsuit against Evnen and the campaign from last September. Kuehn included Corsi arguing that DHHS would need to discipline doctors who recommend cannabis to patients. While DHHS has not issued guidance to physicians as part of the laws, the AG's Office said recommending cannabis would open up Nebraska doctors to discipline. The lawsuit argues that Briese and Kamm could violate money laundering laws if they collect tax revenue from medical marijuana sales, but all three attorney groups said courts have long upheld the collection of such taxes, including on illegal activity. Rather than Kuehn, the AG's Office argued, there is another person who would be better suited to challenge the laws: Nebraska Attorney General Mike Hilgers. Acting Deputy Solicitor General Zachary Pohlman, joining Hilgers in defending the state officials, appeared before the Legislature earlier this month. Pohlman then and again in the latest brief pledged — or in the view of some lawmakers, threatened — to challenge the constitutionality of the laws if the commission licensed medical cannabis establishments. The brief said that a lawsuit was but 'one example' of future action. 'Expanding taxpayer standing to allow a private plaintiff to sue public officials to invalidate statutes that do not harm the plaintiff when the attorney general has pledged to do so himself not only stretches the judiciary's jurisdiction beyond its proper scope,' the brief states. 'It also tramples upon the authority of Nebraska's chief law enforcement officer.' 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