LINCOLN, Neb. (KOLN) — Marijuana is federally prohibited in the United States and largely illegal in Nebraska. But in 2024, Nebraska voters approved two ballot initiatives to legalize medical cannabis.

Initiatives 437 and 438 passed by resounding margins — passing with 67% and 71% of voter approval.

The initiatives did two things:

1. Legalized the possession of up to five ounces of medical cannabis
2. Established the Nebraska Medical Cannabis Commission
   1. Gave the commission power to regulate medical cannabis
   2. Comprised the commission of three members from the Nebraska Liquor Control Commission and two members of the governor’s choice

Previous efforts had been made for a decade to get medical cannabis legalized in Nebraska, and most of them failed. Multiple bills, two ballot initiative attempts led by Nebraskans for Medical Marijuana, tens of thousands of petition signatures — all for naught until 2024.

But before Gov. Jim Pillen would sign the initiatives into law, they faced a legal challenge from cannabis opponents — including Attorney General Mike Hilgers and Secretary of State Bob Evnen.

In early October of 2024, Hilgers and Evnen called into question nearly 100,000 signatures from both ballot initiatives. Using a lawsuit initially filed by former State Senator John Kuehn, all three alleged fraudulent activity had run rampant in the signature gathering process.

According to Hilgers, further investigation into the petition gathering process revealed similar notarization violations. He argued that Nebraskans for Medical Marijuana had fallen behind on signatures in the weeks before they were due and started cutting corners.

“Cheating is a choice,” Principal Deputy Solicitor General Zach Viglianco argued at trial. “The evidence in this case will show that the ballot sponsors and a material, a significant number of petition circulators and notaries associated with these campaigns made that choice here.”

The 202 fraudulent signatures that had been found were now being imputed onto thousands of others — and a trial was set in late October to settle the matter.

The trial came and went without a ruling until Nov. 26, 2024, well after voters approved the initiatives. Legalization was in limbo.

But Judge Susan Strong sided with Nebraskans for Medical Marijuana, and Gov. Pillen would end up signing both initiatives into law on Dec. 12.

“My point was simple; the people in Nebraska spoke. It’s 65, 70 percent for wanting medical marijuana,” the governor told 10/11 News in an interview following the 2025 Legislative session.

Judge Strong agreed that several hundred signatures were fraudulent, but there weren’t enough to invalidate the initiatives. Hilgers appealed the decision, and the matter remains set to go before the Nebraska Supreme Court.

Should the argument win out, all the progress to implement medical cannabis since the 2024 election would likely be tossed.

During the 2025 Legislative session, Sen. Ben Hansen introduced LB 677. The bill aimed to regulate medical cannabis and give the newly formed commission a framework to begin its work.

The bill, which some called restrictive, reduced the amount you could possess to two ounces but allowed Nebraskans to possess flower — although you couldn’t smoke it. It also dictated what diagnoses would be eligible for medical cannabis treatment.

But the bill failed to muster 33 votes, barely reaching over 20. And it left regulation up to a panel of five members. Three from the state’s liquor commission and two of Gov. Pillen’s choice.

Gov. Pillen would pick two women who’d previously voiced opposition to the legalization of medical cannabis. After the liquor commission’s director was federally indicted, the governor asked its remaining members to resign.

They did, giving Gov. Pillen the opportunity to pick every member of both the liquor and medical cannabis commissions.

The gutting of the commissions left many worried about the implementation of medical cannabis. The governor, however, says it’s coming no matter what.

“I am 100% supportive of medical marijuana,” Gov. Pillen said. “We’re gonna have it in a form that moves on to recreational. It’s gonna be a pill; it’s not gonna be a pill that’s great to swallow.”

The commission was tasked with putting together a set of regulations by July 1 . A set of emergency regulations were put in place and approved by the governor this summer.

Those regulations — which still aren’t permanent — allow one dispensary in each of Nebraska’s 12 judicial districts. Four cultivators will be allowed in the state, and they can grow up to 1,250 plants at a time.

If you want to get medical cannabis, you’ll need a doctor’s recommendation to get anything between tablets, tinctures, gelatin, gels, suppositories, patches or oils. Flower isn’t allowed.

Licenses for these dispensaries and cultivators were supposed to be available by Oct. 1, but the sudden resignations on the commission pushed that date off in violation of state law. And some worry Attorney General Hilgers could sue over the licenses.

There’s also the issue of funding for the medical cannabis commission which currently operates off the liquor commission’s budget.

“Some of our highest elected officials in this state have spent time and money,” Nebraskans for Medical Marijuana founder Crista Eggers told 10/11 News. “I’d like to be clear, some of that taxpayer dollars in fighting what 71% of people passed.”

As of October, two cultivators have been licensed to begin growing medical cannabis. They estimate it will take just shy of a year to harvest the plants and make them available at dispensaries.

Those dispensaries have yet to be decided upon, but 12 will be allowed statewide.

On Oct. 15, the commission was set to meet for a public hearing on its regulations, but none of the commissioners attended — driving further ire among advocates.

A hearing at the Capitol, hosted by the General Affairs Committee, will dive into a study about the implementation of the ballot initiatives on Friday.

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