A bill introduced by the Nebraska Legislature’s General Affairs Committee would give more power to the Nebraska Medical Cannabis Commission, a move medical cannabis advocates say could be disastrous for patients.Since its creation last summer, the cash-strapped commission has sputtered and stalled in rolling out a medical cannabis program. A bill from Sen. Ben Hansen would have given the commission money and guardrails, but when that failed on the floor last year, the group — now entirely hand-picked by Gov. Jim Pillen — had no money to put together a staff.Sen. Rick Holdcroft says LB1235 is the fix.”All we’re doing is giving the means by which the commission can carry out its duties,” Holdcroft said. “This provides them with the ability to collect fees, to hire people, to organize themselves going forward.”The bill doesn’t put money aside, but it does allow the commission to begin setting fees. Holdcroft said the commission could then request an advance from the governor, allowing it to build a staff to collect fees.But advocates for medical cannabis warn the bill does much more than set the parameters of the organization’s funding.”This bill gives full authority, including over patients’ protections, practitioners, to the commission,” Crista Eggers with Nebraskans for Medical Marijuana said.Eggers referred to Section 12 of the bill, which says, “The commission may adopt and promulgate rules and regulations to carry out the Nebraska Medical Cannabis Patient Protection Act.”The Nebraska Medical Cannabis Patient Protection Act became law after voters overwhelmingly approved Initiative 437 in Nov. 2024. That protects patients and allows them to have up to five ounces of medical cannabis with a recommendation from a healthcare practitioner.The entirely separate Initiative 438 created the commission, which was set up to create and regulate the industry side of medical cannabis. Some lawmakers say LB1235 would blur the lines, giving the group created by 438 the power over rules from 437.”This commission that has already expressed its hostility towards medical cannabis through this bill would gain additional authority over doctors and patients,” Sen. John Cavanaugh said.Cavanaugh has introduced legislation to make serving on the commission an elected position, rather than one appointed by the governor.”The commission, as appointed by the governor and approved by the legislature, is made up of people who have, I think, frustrated the will of the voters at every turn,” Cavanaugh said. “They have attempted to restrict which ailments qualify. They’ve attempted to restrict which doctors can prescribe or recommend, and they have attempted to restrict which types of delivery that are allowable.”Frustration with the commission crosses both sides of the political aisle in the official non-partisan Unicameral. Hansen said his plan last year would’ve avoided the current regulation pitfalls.”I have some critiques,” Hansen said. “Disapproval is, I guess, another word that we could use. I think uneducated could also be another word that we use. How they answer questions, how this whole process is rolled out, them getting, I wouldn’t say they’re marching orders, but what they’re supposed to say minutes before the meeting starts makes me question the whole process and maybe what the goal is of the commission.”Hansen said he worries LB1235 will give the commission too much leverage, but Holdcroft said the bill doesn’t give the commission any more power than it already has.”The referendum itself, it gave full authority to the commission for all phases of medical cannabis, including distribution,” Holdcroft said, referring to language from Initiative 438. “So, obviously, to be able to distribute, to establish dispensaries, you have to tell them what, who and how they will dispense the medical cannabis.”The commission has already passed regulations around the health care practitioners who can recommend medical cannabis and how much cannabis a patient can possess, something Cavanaugh argues is entirely outside of the purview of the group’s authority. “Read the whole statute together and see,” Cavanaugh said. “And as we can see in the bill that’s been proposed, the commission is attempting to get statutory authority over those other facets, which is a clear indication that they know that they do not have that authority.”Eggers said LB1235 would make the commission even less accountable to the will of voters.”Parents of sick children should not be at the Capitol for the 13th session in a row after voters passed medical cannabis, just fighting to keep the rights,” she said.

A bill introduced by the Nebraska Legislature’s General Affairs Committee would give more power to the Nebraska Medical Cannabis Commission, a move medical cannabis advocates say could be disastrous for patients.Since its creation last summer, the cash-strapped commission has sputtered and stalled in rolling out a medical cannabis program. A bill from Sen. Ben Hansen would have given the commission money and guardrails, but when that failed on the floor last year, the group — now entirely hand-picked by Gov. Jim Pillen — had no money to put together a staff.Sen. Rick Holdcroft says LB1235 is the fix.”All we’re doing is giving the means by which the commission can carry out its duties,” Holdcroft said. “This provides them with the ability to collect fees, to hire people, to organize themselves going forward.”The bill doesn’t put money aside, but it does allow the commission to begin setting fees. Holdcroft said the commission could then request an advance from the governor, allowing it to build a staff to collect fees.But advocates for medical cannabis warn the bill does much more than set the parameters of the organization’s funding.”This bill gives full authority, including over patients’ protections, practitioners, to the commission,” Crista Eggers with Nebraskans for Medical Marijuana said.Eggers referred to Section 12 of the bill, which says, “The commission may adopt and promulgate rules and regulations to carry out the Nebraska Medical Cannabis Patient Protection Act.”The Nebraska Medical Cannabis Patient Protection Act became law after voters overwhelmingly approved Initiative 437 in Nov. 2024. That protects patients and allows them to have up to five ounces of medical cannabis with a recommendation from a healthcare practitioner.The entirely separate Initiative 438 created the commission, which was set up to create and regulate the industry side of medical cannabis. Some lawmakers say LB1235 would blur the lines, giving the group created by 438 the power over rules from 437.”This commission that has already expressed its hostility towards medical cannabis through this bill would gain additional authority over doctors and patients,” Sen. John Cavanaugh said.Cavanaugh has introduced legislation to make serving on the commission an elected position, rather than one appointed by the governor.”The commission, as appointed by the governor and approved by the legislature, is made up of people who have, I think, frustrated the will of the voters at every turn,” Cavanaugh said. “They have attempted to restrict which ailments qualify. They’ve attempted to restrict which doctors can prescribe or recommend, and they have attempted to restrict which types of delivery that are allowable.”Frustration with the commission crosses both sides of the political aisle in the official non-partisan Unicameral. Hansen said his plan last year would’ve avoided the current regulation pitfalls.”I have some critiques,” Hansen said. “Disapproval is, I guess, another word that we could use. I think uneducated could also be another word that we use. How they answer questions, how this whole process is rolled out, them getting, I wouldn’t say they’re marching orders, but what they’re supposed to say minutes before the meeting starts makes me question the whole process and maybe what the goal is of the commission.”Hansen said he worries LB1235 will give the commission too much leverage, but Holdcroft said the bill doesn’t give the commission any more power than it already has.”The referendum itself, it gave full authority to the commission for all phases of medical cannabis, including distribution,” Holdcroft said, referring to language from Initiative 438. “So, obviously, to be able to distribute, to establish dispensaries, you have to tell them what, who and how they will dispense the medical cannabis.”The commission has already passed regulations around the health care practitioners who can recommend medical cannabis and how much cannabis a patient can possess, something Cavanaugh argues is entirely outside of the purview of the group’s authority. “Read the whole statute together and see,” Cavanaugh said. “And as we can see in the bill that’s been proposed, the commission is attempting to get statutory authority over those other facets, which is a clear indication that they know that they do not have that authority.”Eggers said LB1235 would make the commission even less accountable to the will of voters.”Parents of sick children should not be at the Capitol for the 13th session in a row after voters passed medical cannabis, just fighting to keep the rights,” she said.