LINCOLN, Neb. (WOWT) – A state senator has filed a complaint that challenges the emergency regulations set by the Nebraska Medical Cannabis Commission in September.

Senator John Cavanaugh, of Omaha, submitted the complaint Thursday to Senator Ben Hansen, the Chairperson of the Executive Board.

In the complaint, Cavanaugh argues the commission and Gov. Jim Pillen are overriding the will of Nebraska voters. He says the emergency rules are not in line with what Nebraskans voted for last November.

The senator writes the regulations “limit the availability of medical cannabis to a narrow list of forms found nowhere in statute, limits the accepted written recommendations from medical practitioners to in-state in clear contradiction of the language approved by voters.”

The report states the rules also conflict the language in the Nebraska Medical Cannabis Regulation and the Nebraska Medical Cannabis Patient Protection acts.

On Sept. 8, the group approved four growers for 12 dispensaries — where one would purchase medical marijuana with a doctor’s note. Douglas County would have one dispensary, Sarpy and Cass Counties would share one, and the rest would be spread out across the state.

In a letter, Pillen said he wanted the commission to put a limit on how many plants growers could grow. Commissioners decided that each cultivator in Nebraska — limited to four — will be allowed to have 1,250 flowering plants. Pillen signed off on the rules on Sept. 11.

On Wednesday, the commission did not meet its deadline to begin issuing licenses after two members of the Liquor Control Commission resigned. Bruce Bailey and Kim Lowe, who both also served on the medical cannabis commission, resigned at Pillen’s request.

Cavanaugh warns missing deadlines can create legal risks. He requested for the General Affairs Committee to hold a hearing on the complaint on Oct. 31.

Read the full complaint here:

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