Efforts by Nebraska lawmakers to regulate medical marijuana stalled this evening after the Senate failed to overcome a filibuster, effectively killing legislation that would have set up a framework for the voter-approved program.
Despite voters legalizing medical marijuana through two ballot initiatives last November, there is currently no licensed dispensaries and no access for patients. The Nebraska Medical Cannabis Commission, which includes members of the Liquor Control Commission and two gubernatorial appointees, is now tasked with overseeing implementation. Dispensary licensing isn’t expected to begin until at least October.
The primary bill to advance regulation, LB 677, was introduced by Senator Ben Hansen and was seen as the most viable of four marijuana-related proposals introduced this session. After weeks of negotiations in the General Affairs Committee, the panel advanced a compromise amendment, AM1251, outlining possession limits and qualifying conditions.
Under the amendment, patients would be allowed up to five ounces of marijuana, including no more than two ounces in dried flower. Smoking would remain prohibited, though edibles, tinctures, and vape products would be permitted. The amendment identified 15 qualifying conditions, such as cancer, ALS, and epilepsy.
After eight hours of debate Tuesday, senators fell short of the 33 votes needed to break a filibuster. The final tally was 23 in favor and 22 opposed, with eight Republicans joining Democrats in supporting the bill. Senator Hansen warned the failure would create confusion for both law enforcement and patients, as Initiative 438’s broad language would now take effect without clear legislative guidance.
“This is much more confusing than what we’re trying to accomplish,” said Hansen. “It does nothing but hurt those individuals who need it to be able to get it the right way and safely.”
Opponents, including Senator Jared Storm, argued that the Legislature has no duty to act since regulatory authority lies with the commission. “The ballot initiative as passed by the people does not suggest, invite or require the legislature to act,” Storm said, defending the filibuster effort.
Some senators voiced concerns about the commission’s makeup, noting that both of Governor Jim Pillen’s appointees have opposed medical marijuana in the past. A hearing on their appointments is scheduled this week.
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