LINCOLN, Neb. (KOLN) – After voters overwhelmingly approved medical marijuana last year, Attorney General Mike Hilgers was joined by sheriffs across Nebraska on Wednesday to speak in opposition of a proposal that would implement regulations for the drug.
As it stands now, Initiative 437 made medical marijuana legal in Nebraska, stating that patients can have up to five ounces of cannabis for medical purposes with a healthcare practitioner’s written recommendation.
The next step is creating a way to actually get it. Initiative 438, also passed by voters, created the Nebraska Medical Cannabis Commission, made up of members of the Nebraska Liquor Control Commission and two nominations by Gov. Jim Pillen. That group is tasked with regulating how to license businesses to sell marijuana to those with a doctor’s note.
The legislature is currently working on a bill that would provide a framework for those regulations in the form of LB 677 and amendment 1251, both of which Hilgers opposes.
He said the legislature doesn’t need to pass any bill for medical marijuana, since voters already passed the initiatives into law and the cannabis commission will come up with regulations. He also said since the amendment would allow for the sale of cannabis flower, bad actors could potentially stockpile products and sell them to others.
“That, in my view, would supercharge the black market as a recreational marijuana bill that has a whole host of negative impacts on the state of Nebraska,” Hilgers said.
He adds that smoking and vaping marijuana has no medicinal value, and topicals, creams and edibles should be ruled out too.
But Sen. Rick Holdcroft, who voted to move the amendment forward out of committee, disagrees with Hilgers.
“The amendment restricts who can make recommendations, for a specific set of ailments and in what form,” he said. “We did make a compromise to include the sale of flower as part of the dispensing form, although the amendment strictly prohibits smoking. This was done to get the bill out of committee and allow it to be debated in the full Unicameral.”
Sen. John Cavanaugh, who also voted to move the amendment from committee, said it would provide guidelines for the commission to safely regulate the sale of medical marijuana. He also took part in several forums where he says hundreds of Nebraskans turned out to support the bill’s passing.
“This is something the people want,” he said. “It is currently legal, but because of the attorney general, we’re having a hard time making it safe and accessible. When he gets up and says the legislature is going to foster a black market, is going to foster recreational, that’s simply not true.”
Cavanaugh adds that the cannabis commission hasn’t been given any money to work on the regulations, as the legislature still needs to appropriate the funds. He said right now, there’s a small amount set aside in the budget, but it’s “probably not enough for them to actually execute on promulgating the regulations.”
Crista Eggers, executive director of Nebraskans for Medical Marijuana, said it’s “hypocrisy” for Hilgers to ask the legislature to respect the will of the voters “after actively working to undermine it at the ballot box, in the courts, and within the Legislature itself.”
“Attorney General Hilgers’ continued legal challenges and now attempts to manipulate the legislature are among the primary reasons why Nebraskans still lack—and may continue to be denied—legal access to safe, regulated medical cannabis,” Eggers said. “Our fight remains as it always has: as a voice for Nebraska patients—real people in our communities who are suffering.”
Lawmakers have until June 9 to pass the proposed bill and amendment, which could still be vetoed by Pillen. If it doesn’t pass, the cannabis commission must still put regulations in place by July 1.
ALSO WATCH: Night Beat with Danielle Shenk
Night Beat: Injuries to Lincoln baby under investigation, Fremont plane crash update, medical marijuana pushback, Omaha native in conclave & more.
Click here to subscribe to our 10/11 NOW daily digest and breaking news alerts delivered straight to your email inbox.
Copyright 2025 KOLN. All rights reserved.
The legislature is currently working on a bill that would provide a framework for medical marijuana regulations in the form of LB 677 and amendment 1251, both of which Hilgers opposes. Read More
