Neb. rules would gut voters’ medical cannabis law

For years, the Nebraska Legislature and governors have failed to heed the pleas of patients and families. Last November, voters were finally able to take matters into their own hands. They overwhelmingly chose compassion, with 71% approving the broad Nebraska Medical Cannabis Patient Protection Act. Now, the commission that is charged with implementing the companion Nebraska Medical Cannabis Regulation Act is trying to kneecap the program. 
  
Just before the July 1 deadline, Gov. Jim Pillen signed outrageous medical cannabis emergency regulations that:

• ban the vast majority of medical cannabis products, including raw plant material, any product for smoking and vaping, products with artificial or natural flavoring, and “a food or drink that has cannabis baked, mixed, or otherwise infused into it.”
  • it allows pills, suppositories, tinctures, “non-sugar coated gelatinous cubes, gelatinous rectangular cuboids, or lozenges in a cube or rectangular cuboid shape” (apparently with no flavor), topicals, liquids or oils for administration using a nebulizer or inhaler.
• only allow cannabis to be dispensed if the recommendation includes specific instructions for cannabis use, which puts doctors at risk under federal law. Physicians must specify the product, dosage, and potency they recommend, and directions for use, which would be aiding and abetting a federal crime according to a federal court decision. (Simply recommending cannabis is First Amendment-protected speech, the court found.)  
• allow only 12 dispensaries in Nebraska, one per District Court Judicial District.
• ban medical cannabis businesses within 1,000 feet of numerous locations, relegating dispensaries to hard-to-get areas that might have very little foot traffic.
• ban vertical integration. A business can only do one of the following: grow cannabis, manufacture products, transport products, or sell to consumers. This will drive up costs for patients.  
• impose onerous recordkeeping requirements on licensees. For example, it requires dispensaries to keep receipts and invoices with 12 different pieces of information, including patients’ names and addresses, for seven years.
• require cultivators to obtain seeds and genetics from a Nebraska-licensed cultivator or a cultivator in another U.S. state, even though seeds are hemp and can be legally sold nationwide.
• include no deadline for issuing licenses, which could result in prolonged delays in access.

There is still time to get the commission to reverse course! As emergency regulations, these expire on September 28. Permanent rules will be issued after public comment and a hearing.
 
If you live in Nebraska, make your voice heard by July 15 by emailing lcc.frontdesk@nebraska.gov. Tell the commission to revise its rules, including to allow botanical cannabis, edibles, vaped products, and other beneficial products. 

In other states, the outcry of voters and patients has prevented lawmakers and regulators from gutting the voter-enacted cannabis initiatives. Let the Nebraska Medical Cannabis Commission know voters have spoken. And don’t forget to spread the word!