Just hours after the Nebraska Medical Cannabis Bill became defeated by the unicameral legislature, activists are campaigning for a 2022 ballot initiative. The Nebraskans for Medical Marijuana organization stated in a recent email that, “Now it’s up to us, the people of Nebraska, to provide the relief that so many patients and families deserve.”

Senator Support

Senator Anna Wishart sponsored LB 474 and was hoping to receive full support for her bill to overcome the filibuster. However, there needed to be 33 votes. Senator Wishart’s bill received 31. This effectively killed the bill, and she expressed her opinions on Twitter. She expressed her appreciation for those who voted for her amendment, but is now turning to the ballot for change. The Senator joined Senator dam Morfeld (D) and together they are pushing for reform through the Nebraskans for Medical Marijuana.

Previous Initiatives

In 2020, the same activist organization collected over 200,000 signatures to put cannabis legalization on the ballot. They were only required to get 124,000, so they went above and beyond what they needed. It shows how much Nebraskans want legal cannabis.

But the measure never made it to the ballot. A lawsuit was filed against the measure for breaking the single-clause ruling. The single-clause ruling states any amendment can only focus on one topic as a whole. And there can be a lot of confusion on what classifies and breaks this law. The Nebraska Supreme Court threw out the measure, saying that activists would need to begin again to get cannabis legalization on the 2022 ballot. 

Current Measure

So, in response to their failed first measure, their current measure reads, “Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes.”

There is no doubt this measure is a single-clause measure and can’t be thrown out before it makes it to the ballot. This measure is also more liberal and open on what can and can’t be consumed and who qualifies for medical cannabis. 

LB 474 had a limitation of 17 qualifying medical conditions, but a patient with these conditions would need to ask their doctor for a medical cannabis prescription. Physicians can’t recommend cannabis to their patients even if they think it could have been the best medicine for them. In addition, smokable or vaping products wouldn’t be allowed in medical cannabis form.

The new measure offers all types of medical cannabis, smokable or not, as legal products for citizens to consume. There would also be more qualifying medical conditions so more people would have access to cannabis.

Future 

Nebraskans have shown their support for medical cannabis. If their lawmakers aren’t able to pass bills, then activists and supporting Senators will take the measure to the polls. There’s an uphill battle, as nonpresidential election years see less voter turnout. Activists are confident the measure will pass. Nebraskans will have access to medical cannabis by the end of 2022. 

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