Members of the Nebraska Medical Cannabis Commission have passed emergency regulations barring patients from accessing cannabis-infused edible products and drinks, as well as cannabis flower.

The new rules, which were codified this week by Republican Gov. Jim Pillen and will remain in place until September 28th, rescind provisions in the state’s voter-approved medical cannabis law permitting authorized patients to possess up to five ounces of cannabis flower.

Instead, the new rules limit patients’ access to oral tablets, capsules, tinctures, lozenges, oil extracts, suppositories, and transdermal patches. The rules also mandate recommending physicians to specify which cannabis formulation, potency, and dose is appropriate for each individual patient. Separate provisions limit the total number of state-licensed dispensaries to no more than twelve.

NORML’s Deputy Director Paul Armentano criticized the changes in public comments provided to the Commission. “Despite more than two-thirds of Nebraskans voting to secure patients’ rights to access and possess botanical cannabis, the Commission’s newly passed emergency rules arbitrarily repeals this right,” he said. “The Commission’s decision is not only a slap in the face to voters, it is also bad public policy. Limiting patients’ options to solely cannabis-infused pills, tablets, lozenges, and other non-botanical formulations is not in their best interests.”

Armentano said that many patient prefer inhaling botanical cannabis because it is faster-acting and easier to self-titrate than oral formulations.

He added: “Finally, restricting licensed dispensaries from providing botanical cannabis — despite patients’ demand for it — will encourage many patients to obtain it from the underground market, where cannabis remains unregulated and untested for either potency or purity. This undermines one of the primary goals of the voter-approved law, which is to provide authorized patients with quality-controlled products in a safe and transparent environment.”

Members of the Commission are accepting public comments at lcc.frontdesk@nebraska.gov until July 15^th. The Commission is tasked with finalizing formal rules for the program by October 1st.

Additional information is available from Nebraskans for Medical Marijuana.