“The patients of this state may be weary, may be tired, but they stand strong and will hold lawmakers accountable for their votes. They have the blood of Nebraskans on their hands.”
By Zach Wendling, Nebraska Examiner
Lawmakers approved the governor’s two appointees to the Nebraska Medical Cannabis Commission on Friday over opposition from long-term advocates that the new members could delay or derail the rollout of the voter-approved medicine.
In separate votes, the Legislature approved the six-year commission appointments of Dr. Monica Oldenburg of Lincoln, an anesthesiologist, and Lorelle Mueting of Gretna, prevention director for Heartland Family Service.
Oldenburg’s confirmation vote was 34-11. Mueting’s was 27-16.
The two appointees needed at least 25 votes to be confirmed. Had one or both been rejected, Gov. Jim Pillen (R) could still appoint someone else in the interim, without a legislative vote until 2026, or the same person if he chose.
Much of Friday’s debate on the confirmations, about 30 minutes for each nominee, revolved around whether the personal views of each woman could be separated from their new professional roles. For multiple years, Mueting and Oldenburg have opposed medical cannabis legislation at the State Capitol, including Mueting earlier this year.
Those legislative efforts were often supported by Nebraskans for Medical Marijuana and other long-time advocates who, in November, succeeded after a decade of pushing to legalize and regulate the medicine, often facing pushback from top state officials.
Appointee support and positions
The 71 percent voter approval for legalization and 67 percent for regulations also created the new state regulatory commission that Mueting and Oldenburg will now join. They will serve with the three commissioners on the Nebraska Liquor Control Commission, per the ballot measure.
Those commissioners are Bruce Bailey of Lincoln and Kim Lowe of Kearney, with one vacancy still to be filled by Pillen to represent Nebraska’s 2nd Congressional District.
State Sen. Rick Holdcroft of Bellevue, the chair of the Legislature’s General Affairs Committee that advanced Oldenburg 5-2 and Mueting 5-3, called the two candidates highly qualified.
He said Oldenburg’s extensive experience, combined with deep concern for the health, safety and overall well-being of Nebraskans through her 18 years of medical service, would shine. Holdcroft added that Mueting had a strong record of promoting public health issues while thoughtfully balancing public health goals with public safety considerations.
Multiple senators, including State Sen. Jared Storm of David City, said the two would make a great team and keep Nebraska focused on medicine, not recreational marijuana.
“I honestly don’t know of two better people to be on this board,” Storm said Friday.
Mueting had said last week that her goal as a prevention specialist for 24 years has been to prevent people from having substance use problems and that she’s looked at medical cannabis from a “360-degree view.”
“Helping to guide the rulemaking process around the needs of the people it’s intended to serve is my goal,” Mueting said. “There’s nothing about that goal that says we need to sacrifice public health and safety to attain it.”
Oldenburg said last week that she is “not a prohibitionist” of cannabis but is “pro-research.” She said cannabis has “a place in pain management” for certain ailments that cause suffering.
“Nebraska needs to seize the opportunity to be slow and deliberate in the manner in which we determine how best to designate appropriate conditions for medical cannabis and regulate those entities that will dispense medical cannabis in our state,” Oldenburg said. “I look forward to working with various parties to ensure that we in the State of Nebraska get this right.”
‘It’s about trust’
State Sen. Ben Hansen of Blair, who like Storm is a Republican, opposed Mueting but supported Oldenburg. Hansen brought Legislative Bill 677 earlier this year to set clearer medical cannabis regulations and guardrails with the backing of volunteers from the 2024 campaign.
LB 677 fell 10 votes short of advancing on May 20, the opposition of which Storm led. Mueting testified against the bill in March.
Hansen said he was concerned about Mueting’s impartiality and that lawmakers shouldn’t appoint someone who believes in prohibition to the Liquor Control Commission or someone who works for PETA to the Nebraska Brand Committee.
He said the same goes for someone to the Medical Cannabis Commission who “denies the legitimacy of medical cannabis to the very body tasked with implementing this regulation.”
“This isn’t just about professional qualifications,” Hansen said. “It’s about trust. Trust in the will of the voters. Trust in the integrity of this new commission and trust that we are putting the right people in place to carry out a law passed and overwhelmingly supported.”
State Sen. John Cavanaugh of Omaha, vice chair of the Legislature’s General Affairs Committee, said that while both Mueting and Oldenburg might be nice people, he was worried about “artificial hurdles.” He supported LB 677 partly because it would have set a path toward “access.”
The Medical Cannabis Commission is charged “exclusively” with the power to regulate the control of the possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes in the state. Rules and regulations for medical cannabis dispensaries are due July 1 under the voter-approved laws. Licensing is supposed to begin by Oct. 1.
LB 677 supporters and other advocates had voiced concerns that the Medical Cannabis Commission could craft regulations that prevent meaningful “access.”
Nebraska Attorney General Mike Hilgers (R) has already vowed to sue the commission if it issues any medical cannabis licenses. He argues it is against federal law.
‘Slow-roll access for patients’
Hansen said the public is paying attention, noting that the remaining dozens of gubernatorial appointments that lawmakers considered over the past five months, lawmakers had received 21 online comments.
But for Mueting and Oldenburg combined, lawmakers had 208 online comments, Hansen said.
Crista Eggers, executive director of Nebraskans for Medical Marijuana, said the Legislature again threw a “wrench” in the will of Nebraska voters. She criticized senators who used the ballot measures as a reason to oppose Hansen’s LB 677 but then voted to confirm appointees who “will slow-roll access for patients in this state.”
Eggers said the mission continues to be on patients, as it has been “from day one,” despite what some legislative opponents say.
“The representatives in the state that have misrepresented our mission will see their day where the people hold them accountable. Mark our words,” Eggers said in a statement. “The patients of this state may be weary, may be tired, but they stand strong and will hold lawmakers accountable for their votes. They have the blood of Nebraskans on their hands.”
This story was first published by Nebraska Examiner.
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“The patients of this state may be weary, may be tired, but they stand strong and will hold lawmakers accountable for their votes. They have the blood of Nebraskans on their hands.” By Zach Wendling, Nebraska Examiner Lawmakers approved the governor’s two appointees to the Nebraska Medical Cannabis Commission on Friday over opposition from long-term Read More
