Nebraska’s Medical Cannabis Commission will restrict the number of plants medical growers can cultivate, setting the cap at 1,250 flowering cannabis plants per operation. The move followed pressure from Governor Jim Pillen, who stated that the new program must have firm boundaries before he approved emergency guidelines.
In a letter to the commission, the governor noted that without such a restriction, the risk of excess production could lead to illegal sales and undermine regulation. He indicated he would back the rest of the proposal if the adjustment were included.
The commission recently announced that it will authorize only four licenses for cultivators, with applications due by September 23 and licensing expected to start October 1. The discussion over limits was guided by Bo Botelho, legal counsel for the state’s Health and Human Services Department.
When drafting the initial framework, Botelho used Missouri’s program, which allows cultivation for both medical and recreational markets. His early suggestions were far lower than Missouri’s thresholds: 200 plants indoors, 300 in greenhouses, 500 outdoors, and 200 for mixed setups. He admitted the figures were only placeholders and not based on detailed calculations.
Commissioner Bruce Bailey led efforts to increase the limits, pointing out that not all plants survive or pass testing and that supply should be sufficient to meet patient demand. Estimates suggested that if about 1% of Nebraska’s population sought medical marijuana, roughly 20,000 patients could enroll. Using a simple formula of one plant for every two patients, the need would reach 10,000 plants statewide.
Other commissioners, including Lorelle Mueting and Kim Lowe, agreed that demand might not reach that level immediately but supported reviewing numbers later. Mueting noted that based on her research, 2,000 indoor plants could potentially produce adequate tinctures for approximately 2,300 patients annually. She, however, stressed that yields vary depending on how plants are grown.
Ultimately, Bailey suggested a single flat limit of 1,250 plants per cultivator, regardless of facility type. With four licensed growers, this would allow up to 5,000 plants in production at one time, with two harvests annually, meeting the target of 10,000 plants annually.
However, not everyone supports the restriction. Crista Eggers, who led the petition drive for medical marijuana legalization in the state, argues the program is being weakened before it even starts. Medical marijuana patients like Lia Post are urging the commission to recognize real medical needs rather than imposing what she sees as artificial restrictions.
The commission is set to meet again on September 30 at 1 p.m. Licensed cannabis companies like SNDL Inc. (NASDAQ: SNDL) operating in other markets will be watching how the market in Nebraska finally rolls out.
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