The Nebraska Medical Cannabis Commission has approved a set of rules governing the state’s emerging cannabis supply system, almost a year after first adopting temporary guidelines.
The framework has operated under short-term extensions lasting 90 days at a time. The measures, repeatedly renewed, outline how medical marijuana businesses must operate. They address licensing limits, security standards, approved product types, and the qualifications required for physicians who recommend cannabis to patients.
The newly adopted rules now move to State Attorney General Mike Hilgers, who must review them for constitutional and legal compliance. Final approval rests with Governor Jim Pillen.
Both officials have previously raised concerns about the voter-backed measures that legalized medical cannabis and established regulatory oversight. When the laws took effect in December 2024 following strong voter support, Pillen and Hilgers questioned whether they aligned with federal law and the state constitution.
Marijuana remains classified by the federal government as a Schedule I drug, a category reserved for drugs considered to have high abuse potential and no accepted medical use.
This classification places Nebraska in an unusual position as it lacks federal protections that shield most other states with medical marijuana programs from interference. Currently, nearly every other state has some level of protection, though Nebraska was excluded from the most recent federal update earlier this year.
Despite earlier criticism, Pillen has taken steps to support the program’s administrative rollout. He approved temporary rules ahead of a July deadline set by voters and allocated over $2 million in the state budget to support operations within the Liquor Control Commission, which also oversees the cannabis program. The governor has framed medical cannabis access as a way to reduce reliance on recreational use.
Still, uncertainty remains. Advocates voiced concern during the recent commission meeting that the program may struggle to function following the collapse of a legislative proposal that would have protected physicians who recommend cannabis.
Patients can legally possess up to five ounces of marijuana with a recommendation from a licensed provider, even if that provider is based outside Nebraska. However, the commission has limited access to state-licensed dispensaries for patients with recommendations from in-state practitioners. So far, no Nebraska-based doctors have issued such recommendations, creating a major barrier for patients.
Some individuals have sought alternatives by traveling out of state, either to obtain recommendations or to purchase cannabis. Industry representatives warn that without local physician participation, access to regulated dispensaries could remain out of reach. The commission has indicated it may consider exceptions in the future, but currently maintains its preference for in-state oversight.
Meanwhile, the commission is moving forward with building its internal structure. Members voted to hire independent legal counsel rather than rely on the attorney general’s office, citing concerns about public perception. Plans are also underway to recruit an executive director and operational staff.
Delays in the final approval of the regulations could slow the rollout of licenses for dispensaries, manufacturers, and transporters, potentially disrupting supply later this year. For patients, who live with serious health conditions, the wait is increasingly difficult.
The commission is scheduled to meet again on May 11. Marijuana companies from far and wide, including SNDL Inc. (NASDAQ: SNDL), will be hoping that the governor signs off on these rules and the medical marijuana program stabilizes.
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