Nebraska Cannabis Program Emergency Regulations Approved
June 30, 2025
The Nebraska Medical Cannabis Commission last week approved emergency regulations for the state’s long-awaited program, now awaiting the Governor’s signoff.
According to Nebraska Public Media, which has published a copy of the regulations, the rules will ban dispensaries selling raw plant material, products designed for smoking or vaping, containing flavouring or colouring and edibles.
Just one dispensary will be permitted in each of the state’s 12 district court judicial areas, regardless of their population size, and dispensaries, cultivators, manufacturers and transporters cannot be located within 1,000 feet of schools, daycare centres, churches or hospitals.
The reason for the emergency regulations is all about timing. Under the relevant statute, the Medical Cannabis Commission was directed to, “no later than July 1, 2025, establish criteria to accept or deny applications for registrations, including adopting, promulgating, and enforcing reasonable rules, regulations, and eligibility standards for such registrations.”
But state law requires 30 days’ notice before a public hearing on proposed guidelines, and this would have taken too long for the Commission to meet its July 1 deadline.
According to a letter reportedly sent by Commission chair Dr. Monica Oldenburg to Governor Jim Pillen, without the emergency regulations Nebraskans would seek medical cannabis or similar products from “unregulated and potentially harmful sources.” Governor Pillen is required to provide his decision by July 1.
The emergency rules can remain in effect for 90 calendar days, but can be renewed for a second 90 calendar day period.
For further information on the rules, there’s also in-depth analysis of the emergency regulations on the Nebraska Examiner.
In other related news, late last week a county district court judge dismissed a lawsuit against the state’s two medical cannabis initiatives that claimed the measures were unconstitutional under state and federal law.
Commenting on the defeated lawsuit, Nebraskans for Medical Marijuana (NMM) Executive Director Crista Eggers said:
“This is yet another failed attempt to strip away the will of the people, and should send a clear message to the opposition that they have lost.”
Nebraskans for Medical Marijuana is a non-profit group that led the charge for legalising medical cannabis in the state.
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