Medical Marijuana Ballot Success Creates Confusion

SIDNEY--On November 4, 2024, Nebraska voters supported Nebraska Initiative 437, the Medical Cannabis Patient Protection Act, and Nebraska Initiative 438, the Nebraska Medical Cannabis Regulation Act. The initiatives asked Nebraska voters if they wanted to legalize the use of up to five ounces of marijuana for medical purposes by qualified patients and draft legislation to enact medical marijuana legalization and write regulations regarding the purchase, sale, and use of cannabis. The initiative passed with 71 percent of voters saying “yes” to the legalization ballot, and 67% saying “yes” to the legislation ballot.

However, the results from that ballot initiative did not make Medical Marijuana legal in Nebraska—at least, not at this point. Legal challenges to the validity of the ballot results were filed immediately, with Attorney General Mike Hilger’s office supporting the challenges. The first legal challenge concerned the validity of the petition signatures obtained to get the initiatives on the ballot. Still, Lancaster County District Judge Susan Strong ruled at the end of November that the petitions were valid.

On December 10, 2024, former state senator John Kuehn filed a lawsuit against the two initiatives. Kuehn’s lawsuit claimed that federal law prohibits the use, production, and distribution of marijuana, and therefore initiatives 437 and 438 passed unlawfully because the courts had not decided on the legality of the two measures. There has also been some confusion on this topic as many were led to believe that starting January 1, 2025, patients could begin the process of obtaining Medical Marijuana certification. There have been reports throughout Nebraska of medical facilities from the Omaha area to the Panhandle being swarmed by Nebraskans looking to secure Medical Marijuana certificates or cards. The truth is, none of these certificates or cards or any other type of permit to purchase medical marijuana approved by the State Legislature exists in Nebraska.

This has caused a problem for medical facilities throughout the area as they turn away people looking to obtain certification for medical marijuana use. Although the ballot initiative passed in November of last year, the State Legislature still has to draw up and vote on rules and regulations and that process will not be quick.

There remain many questions about the status of medical marijuana and the implementation of the results of the cannabis for individuals possessing up to five ounces of cannabis with a written recommendation from a healthcare provider. Although Initiative 437 is categorized as “self-executing”, meaning it does not require any further action from the Legislature, it cannot be separated from Initiative 438, the Regulation Act. At this point, there has been no codified legislation or regulations covering the issuance of medical marijuana “recommendations” from a healthcare provider, nor an actual definition of what constitutes a “healthcare provider”. Also, the legislation and regulations concerning the licensure of facilities to provide marijuana, taxing authorities, and many other details concerning the transportation and sale of cannabis have yet to be discussed. As of now, there is a proposed Nebraska Medical Cannabis Commission which will consist of three members of the Nebraska Liquor Control Commission. The governor can appoint up to two additional members to the commission, and the commission will also have a dedicated staff.

However, there is much resistance by opponents to the newly passed initiatives that have critical roles in the enacting and implementation of the new legislation. Expect these opponents to slow down the rollout of Medical Cannabis as much as possible, as they had been during every aspect of the ballot initiative procedures. Those interested in obtaining medical marijuana certifications should contact their state representative to find out more information about the status of the new legislation rather than risk breaking the law. As more information becomes available it will be disseminated, however, rumors and false information have already caused many to believe they could visit any doctor or medical facility to obtain a certificate, which is not true. Be sure that any information you act upon on this subject comes from a reliable and official source.