When 71% of Nebraska voters approved the legalization of medical marijuana in November, it was the largest margin of victory for a medical cannabis ballot initiative in any of the 19 states that have legalized it through a voter-initiated measure.
But five months after Nebraska Gov. Jim Pillen signed the ballot measures into law, the future of medical marijuana in the state remains unclear. Without anywhere to buy medical cannabis legally, it remains inaccessible in Nebraska.
The Legislature is considering a bill that would further regulate the industry, and could make significant changes to the voter-approved law, like prohibiting smoking and limiting the eligibility to a list of approved conditions. Multiple court battles, including one set to be heard by the Nebraska Supreme Court, are ongoing and could lead to further changes.
With so much up in the air, Nebraskans are left with questions about the current state and the future of medical marijuana.
Nebraska Public Media’s guide to medical marijuana regulations and legislative proposals seeks to answer some of those questions.
Can medical marijuana be legally obtained in Nebraska?
Medical cannabis may be legal in Nebraska, but it is not accessible. Nebraska Attorney General Mike Hilgers confirmed in a statement that medical marijuana will remain functionally illegal until there is a place for it to be legally obtained in the state.
A narcotics lieutenant with the Omaha Police Department said in a statement that medical marijuana, while legal under state statute, will remain illegal until dispensaries open.
“The Nebraska Medical Cannabis Commission is tasked with drafting regulations, and licensing for dispensaries is expected to begin by Oct. 1, 2025,” the lieutenant said. “Until then, medical cannabis is not yet available for purchase in the state and is still illegal.”
Since marijuana remains illegal under federal law, and because interstate commerce is under the jurisdiction of the federal government, it is technically illegal to transport marijuana across state lines.
What exactly was passed by voters?
When they voted in favor of the two medical marijuana initiatives in 2024, Nebraskans created two new laws: The Nebraska Medical Cannabis Patient Protection Act and the Nebraska Medical Cannabis Regulation Act.
As adopted by voters, the Nebraska Medical Cannabis Patient Protection Act allows medical patients to possess up to five ounces of cannabis with the recommendation of a health care practitioner who determines that “the potential benefits of cannabis outweigh the potential harms for the alleviation of a patient’s medical condition.”
It does not specify a list of eligible conditions, nor does it restrict the ways in which cannabis can be consumed.
The Nebraska Medical Cannabis Regulation Act created the Nebraska Medical Cannabis Commission for the purpose of “providing the necessary registration and regulation of persons that possess, manufacture, distribute, deliver, and dispense cannabis for medical purposes.”
The commission is to be made up of three to five members, with the three members of the Nebraska Liquor Control Commission appointed as ex-officio members. The governor can then appoint two additional members who are subject to confirmation by the Legislature by a simple majority.
The regulatory act also establishes a timeline. By July 1, the commission is expected to establish criteria, rules, regulations and eligibility standards for granting registrations to cannabis establishments. The commission is then ordered to begin granting those registrations no later than Oct. 1.
The statute also instructs the commission to “establish procedures for the governance of the commission” and “acquire necessary offices, facilities, counsel and staff.”
What is the status of the Medical Cannabis Commission?
The three ex-officio members of the Nebraska Medical Cannabis Commission are Bruce Bailey, Harry Hoch Jr. and Kim Lowe. All three serve on Nebraska’s Liquor Control Commission, and none have publicly shared opinions on marijuana legalization.
In late April, Pillen appointed two more members to the commission: Lorelle Mueting, a Heartland Family Service employee who has repeatedly testified against any form of marijuana legalization; and Dr. Monica Oldenburg, an anesthesiologist and former Colorado resident who, in a 2021 legislative hearing, said medical legalization would be “potentially destructive.”
The two appointees have not yet been confirmed by the Legislature, but they are scheduled for a hearing in front of the General Affairs Committee on May 22.
In a legal brief from March, an attorney representing the ex-officio commission members said the commission had no funding of any kind, no office, no computers, no staff and, crucially, “no ability to carry out any duties set forth” in the Nebraska Medical Cannabis Regulation Act. At that time, according to the brief, the commission had not commenced work on regulations or sought to hire employees.
Read the legal brief from the attorney representing the Nebraska Medical Cannabis Commission
However, emails attached as an exhibit to a lawsuit show that staff at the Liquor Control Commission have been at least tentatively exploring software options and scheduling demos with potential vendors. They also reached out to medical marijuana regulators in Missouri, Oregon and Kentucky to ask about their tracking systems. These communications were initiated by existing staff at the Liquor Control Commission, not the Cannabis Control Commission members.
In the proposed budget for the coming fiscal years, the appropriations committee recommended allocating $30,000 annually to the Liquor Control Commission “in order to have flexibility for anticipated additional responsibilities for staff connected to the implementation of medical marijuana in the state.”
Can the Legislature change a voter-enacted law?
Nebraskans possess the power to enact laws and adopt constitutional amendments independently of the Legislature. This is done through the ballot initiative process, which requires a petition to gather a certain number of signatures from voters across the state before the issue is placed on the ballot.
While placing a constitutional amendment on the ballot requires a petition to be signed by 10% of registered voters, placing a state statute on the ballot requires 7% – a difference of about 37,000 signatures. In either case, petition gatherers must collect signatures from 5% of registered voters in 38 of Nebraska’s 93 counties.
What’s really going on with medical marijuana in Nebraska? A guide to the voter-enacted laws, the questions around regulation, proposed legislative changes and the ongoing court battles. Read More
