Nebraska lawmakers scrutinize medical cannabis regulations amid legal challenges

October 31, 2025

LINCOLN, Neb. — The General Affairs Committee recently held an interim study to address concerns over the implementation of voter-approved medical cannabis laws in Nebraska. The study was prompted by a complaint from John Cavanaugh, who argued that state agencies are not adhering to Ballot Initiatives 437 and 438, which were supported by 71% of voters last November.

Cavanaugh emphasized, “Any rule making process authorized by statute cannot override what is in statute. The medical cannabis commission has been given authority by the voters to regulate medical cannabis establishments, but not the extent to adopt regulations in conflict with statute.”

In 2020, the Nebraska Supreme Court removed a medical cannabis initiative from the ballot for combining the Regulations and Patient Protection Act, leading to the current two-part ballot initiative. Cavanaugh, a lawyer, stated that legally, individuals with healthcare provider permission can possess up to five ounces of cannabis in the state. However, many officials, including Sen. Rick Holdcroft, believe the initiative does not permit leaf or smoking as methods of administration.

Holdcroft noted, “Cannabis products means: products that are comprised of cannabis, cannabis concentrate, or cannabis extract and other ingredients. And that are intended for use or consumption such as, but not limited to, edible products, ointments, and tinctures.”

Cavanaugh countered that the statute mentions “all parts of the cannabis plant” and that the commission cannot impose limits. Despite invitations to testify, commission members did not attend the hearing due to “scheduling conflicts,” according to Cavanaugh.

Crista Eggers, who helped draft the ballot initiatives and is appealing a denied cultivator license, also testified. Sen. Bob Anderson questioned her motives, asking, “So this is a financial thing for you? Right? From being a lobbyist and then trying to get into the business to produce marijuana as well?” Eggers responded, “This is in no way a financial profiting for me. In fact, my family has hemorrhaged tens of thousands of dollars in this effort to bring it to this point.”

Eggers, whose youngest son has severe epilepsy, expressed her desire for quality medicine, saying, “I want good medicine to be grown. I want my son to have good medicine because he deserves that. I want the patients for this state to have good medicine because they deserve that.”

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In other news, Sen. Dan McKeon has been cited for public indecency following an incident at the Lincoln Country Club on May 29. The Nebraska State Patrol reported that an adult female accused McKeon of making inappropriate contact with her buttocks. McKeon, 59, of Amherst, has been charged with a Class II misdemeanor. Attempts to reach McKeon for comment have been unsuccessful.

 

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