Nebraska Governor Jim Pillen has approved emergency regulations allowing the state’s Medical Cannabis Commission to begin licensing medical cannabis establishments no later than October 1st. The move narrowly meets the July 1st deadline set by voters last November when Nebraskans legalized medical cannabis for up to five ounces with any healthcare practitioner’s recommendation.
The emergency rules, signed by Pillen on Sunday, will be in effect for up to 90 days and can be extended for another 90 days if needed. The commission plans to finalize permanent regulations by October 1st. Public feedback on the emergency guidelines is being accepted through July 15th.
Under the regulations, individuals and businesses can apply for licenses as cultivators, manufacturers, dispensaries, or transporters. Applicants must have at least 51% Nebraska ownership, pass criminal background checks, and cannot be located within 1,000 feet of schools, daycares, churches, or hospitals. Those convicted of felonies or controlled substance offenses within the past 10 years are ineligible. Licenses will be valid for two years and are non-transferable.
The rules also limit dispensaries to one per judicial district, meaning many rural areas will have minimal access. Only certain forms of cannabis will be allowed for sale, such as oral tablets, capsules, tinctures, topicals, patches, and suppositories. Edibles, raw plant products, and any items for smoking or vaping remain prohibited.
The emergency regulations require healthcare practitioners’ recommendations to include dosage, potency, directions for use, and patient information. Many advocates remain critical of these rules. Crista Eggers, executive director of Nebraskans for Medical Marijuana, said the commission “failed on day one” by banning whole-plant cannabis and restricting forms of use, calling it unacceptable and unlawful.
State Senator Ben Hansen has raised concerns about potential lawsuits from the Nebraska Attorney General’s Office over licensing, which could be costly to taxpayers. The next Medical Cannabis Commission meeting is scheduled for August 4th, with formal regulations expected to follow this summer.
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