At the end of January, Republican Senator Mike Groene introduced LB 1275 to the Nebraska Senate. This bill looks to legalize medical cannabis for a small number of qualifying patients. But activists are outraged at the bill, calling it a “poison pill” when it comes to actually helping the people of Nebraska. LB 1275 is meant to distract voters from the efforts of Nebraskans for Medical Marijuana (NMM). NMM has been collecting signatures for a medical cannabis ballot measure since last year. 

“This appears to be a political stunt,” Jared Moffat said in a press release. He is the states campaigns manager for Marijuana Policy Project (MPP). “Opponents of medical cannabis know there is a viable campaign to put medical cannabis on the ballot, and they know Nebraskans will overwhelmingly support that effort.

“This is an attempt to take our focus away from that,” Moffat continued. “But it won’t succeed because it’s clear that this proposal is not a good faith effort to find some middle ground on the issue.”

LB 1275

Under the new law, very few conditions qualify for medical cannabis. Patients with Stage 4 cancer, uncontrolled seizures, severe muscle spasms from MS or muscular dystrophy, or a terminal illness with less than one year life expectancy. These patients can purchase and possess cannabis oils, pills, and up to 2.5 ounces of medical cannabis flower from licensed dispensaries. 

However, cultivating cannabis will remain illegal in Nebraska, even if LB 1275 passes. This would mean any dispensaries in the state would need to purchase cannabis products from outside the state. But current federal laws prohibit the transportation of cannabis across state lines. This leaves the question of where will these dispensaries get their medical cannabis products to then sell to patients? The answers are unknown as nothing in LB 1275 discusses these concerns. 

Previously, Senator Groene has opposed medical cannabis legalization. But NMM’s proposed ballot measure brought concerns forward. “I don’t want [the NMM ballot measure] to pass,” the senator explained. “I want the elected officials in charge of the future of this, to define it and change it overtime if necessary, to have the medical people in [the Department of Health and Human Services] write the bills.”

Compromise

Even though this bill is confusing, lawmakers are willing to work together to make LB 1275 into a better bill for all of Nebraska. Senator Anna Wishart, who co-chairs NMM, spoke about Senator Groene’s medical cannabis bill.

“I am glad to see that Senator Groene and Smart Approaches to Marijuana [SAM], once opponents of medical cannabis, now recognize the benefits of this plant-based medicine,” she tweeted. “I am willing to work with them, but it has to be towards a bill that works for Nebraskans. Access for sick Nebraskans to medical cannabis is not something I am willing to settle on. I will continue to have their back.”

Governor Ricketts

The biggest hurdle for medical cannabis in Nebraska is Governor Pete Ricketts. The governor has vocally opposed any kind of cannabis legalization. At the end of 2021, the governor partnered with SAM to air an anti-legalization commercial against NMM’s ballot measure campaign. Governor Ricketts has recently expressed that he may be interested in supporting LB 1275 after he reviews the measure. 

“While I continue to have concerns about marijuana use for any reason, I am open to learning more about this bill,” Governor Ricketts said.

SAM’s leaders expressed similar interests in LB 1275. “This is a good faith effort and we are willing to look at this as an acceptable alternative to creating a marijuana industry in the state of Nebraska,” said SAM Nebraska co-chair John Kuehn.

“We still believe there is no such thing as medical marijuana, there is just marijuana, but recognize the fact there are very specific groups for which marijuana would provide some degree of palliation, and this looks like a good faith effort to allow patient access,” he continued.

Next Steps

Lawmakers will now consider LB 1275 first in committees and then as a whole chamber. Last year, a broader medical cannabis bill, LB 474, failed to overcome a filibuster and died. Hopefully, medical cannabis will legalize this year, either through the legislature, or through ballot measures. 

NMM is currently collecting signatures for their medical cannabis bill, which closely follows LB 474. They need 87,000 valid signatures by July 2022 to have their measure qualify for the November election. In 2020, activists collected enough signatures but the Nebraska Supreme Court overturned the initiative for violating the single-clause measure. 

Make sure to check back for more cannabis, hemp, and psychedelic related news.