Nebraska residents will have another opportunity Thursday to comment on proposed changes to the state’s medical marijuana regulations, either by speaking at a public hearing in Lincoln or submitting their views in writing.
The hearing is scheduled for 1 p.m. and is expected to last as long as three hours. It could end sooner if there are no additional speakers. Each person will have three minutes to address the state medical marijuana commission, although that limit could be reduced to two minutes if turnout is high.
Written comments must be submitted by 11:59 p.m. Thursday. People speaking at the hearing are encouraged to provide written copies of their remarks as well.
The commission has asked participants to examine the proposed revisions and identify specific provisions they believe should be changed, clarified, added, or eliminated. Public feedback on the fee schedule is also being accepted.
The changes come after Governor Jim Pillen and State AG Mike Hilgers approved the commission’s previous regulations during the summer, which took effect July 6. All public comments must be considered before the new version is approved, pushing the process into 2027.
No additional businesses will be licensed until the revised rules receive approval from those officials.
Among the most significant changes is the introduction of program fees. The proposal calls for an application fee of $5,000, annual licensing and renewal costs ranging from $10,000 to $28,500 depending on the license, a relocation charge of $1,500, and $13,000 for access to the state’s seed-to-sale tracking program. Dispensaries would also pay $250 when adding a new product and $100 for renewal. The program currently has no fees, and state law prohibits sales taxes on medical cannabis.
The proposal would also combine product manufacturer and transporter licenses, making the transportation permit optional. Other revisions would remove outdated language identifying medical marijuana as a Schedule 1 substance, following its federal reclassification to Schedule 3.
Additional provisions address healthcare providers. Practitioners could be removed from the program if their medical licenses are no longer in good standing. They would also have to confirm that an in-person visit occurred before recommending marijuana and disclose whether they know a patient is pregnant. If pregnancy becomes known later, the commission would have to be notified.
Commissioner Jim Elworth said in August that the revisions were substantial but intended to make the system more efficient.
Existing rules limit the state to 12 dispensaries, restrict cultivation, and impose purchasing limits. They also prohibit smoking, vaping, and edible marijuana products. Advocates have warned that regulatory restrictions, along with the Legislature’s failure to approve protections for recommending healthcare providers, could undermine the program.
The commission is expected to discuss the comments submitted by the public and weigh that input while making their final decision on the proposed rule changes. As the program expands, many opportunities could be created for local companies that operate on a model that is similar to that of Innovative Industrial Properties Inc. (NYSE: IIPR).
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