Nebraska Officials Are Challenging Voter-Approved Medical Marijuana

Nebraska has missed a key deadline to grant licenses to marijuana growers under a new medical marijuana law approved by voters last November. The state’s Medical Cannabis Commission, which was created to oversee the program, announced it would not meet the Wednesday deadline to issue licenses, leaving patients and advocates frustrated.

Lia Post, a Nebraska resident who uses medical marijuana to ease chronic pain, broke down in tears during a commission meeting this week. She pleaded for the state to honor the law, saying she feels worn down by the ongoing fight to access the medicine that helps her avoid addictive painkillers.

The delay follows moves by Republican Governor Jim Pillen, who replaced two commission members just days before the deadline. These members were responsible for reviewing applications from potential growers. Critics say Pillen has appointed officials who oppose medical marijuana, leading to decisions that limit access and contradict the voter-approved measure.

For example, the commission has put strict limits on the number of marijuana plants that can be cultivated – far fewer than what the industry says is needed. It has also banned smoking, vaping, and edibles, even though the law clearly allows those forms of medical use. Additional rules have made it harder for doctors to prescribe marijuana by imposing expensive training and capping how much and how strong the medicine can be.

Attorney General Mike Hilgers is also challenging the law in court, trying to invalidate the ballot initiative. Though he lost earlier lawsuits questioning the validity of the petition signatures and the law itself, he continues legal efforts. Hilgers says his goal is to protect the rule of law and has accused the petition process of fraud, though these claims have had limited court success.

Across the country, many states have legalized medical marijuana, with 40 states allowing it in some form and 24 plus Washington, D.C., permitting recreational use. However, Nebraska’s pushback is unusual. Advocates say the state is one of the few where government leaders are actively working to block voter-approved marijuana laws.

Karen O’Keefe from the Marijuana Policy Project says most Republicans actually support medical marijuana, but a small group strongly opposes it. She points out the irony that far more Americans die from prescription opioids than marijuana.

Those opposing the law often argue marijuana is dangerous, citing concerns about it being a “gateway drug” or impairing drivers without a reliable test like a Breathalyzer. Despite these worries, polls show strong public backing for medical marijuana.

Advocates like Crista Eggers, who helped pass the Nebraska law, warn that overly strict rules only push patients to buy from the black market. She says the commission’s approach doesn’t reflect the will of the 71% of voters who backed the measure.

With the program now stalled, patients like Lia Post face uncertainty about when they will get the medication they voted for. For many, the battle over medical marijuana in Nebraska is far from over.

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