The Nebraska Medical Cannabis Commission recently signed off on emergency rules that would let the state begin accepting applications for medical marijuana licenses once Governor Jim Pillen gives the official go-ahead. State law requires the governor to act by July 1.
The emergency guidelines were revealed just minutes before the commission’s 10 a.m. meeting. The temporary rules, which closely resemble a bill that stalled in the Legislature last month, could be in effect for up to 90 days, depending on Pillen’s approval. The voter-approved measures legalizing medical marijuana require that applications start being accepted by July 1.
Commissioner Lorelle Mueting said the commission is open to public input on the regulations until July 15. Anyone wishing to comment can email the Nebraska Liquor Control Commission, which will forward the messages to the medical marijuana commission.
Commission chair Dr. Monica Oldenburg plans to send a letter to Governor Pillen outlining the urgency of adopting the emergency rules. She warned that without them, residents might turn to unregulated and potentially unsafe alternatives.
A spokesperson for the governor confirmed that Pillen is currently reviewing the regulations and expects to make a decision by the July 1 deadline.
State law requires the licensing process for cannabis businesses to begin by October 1. Under the emergency framework, licenses could be issued for growers, processors, retailers, and delivery services, but each applicant can only apply for one type of license.
Emergency rules can be justified under state law if there’s an immediate threat to public safety or welfare. Meanwhile, Oldenburg and Mueting will lead a subgroup to continue refining the rules.
The commission also voted to collaborate with the Department of Health and Human Services and the governor’s policy office to get legal support through DHHS.
A recent bill (LB 677) that would have added tighter regulations narrowly failed in the legislature. It would have permitted up to 30 dispensaries statewide. The emergency rules instead allow only one dispensary per judicial district—totaling 12—which has raised concerns from some marijuana advocates.
Additional restrictions include a ban on dispensaries near schools, churches, hospitals, or daycares. Applicants must have had majority ownership based in Nebraska for at least four years and be U.S. citizens. Background checks, including fingerprinting, are also required.
The rules don’t list qualifying health conditions, unlike LB 677, which named 15. Instead, patients must get a detailed recommendation from a licensed provider. Approved products include tablets, tinctures, lozenges, gels, creams, suppositories, patches, and oils for nebulizers or inhalers. Raw flower, edibles, flavored items, and anything designed for smoking or vaping are not allowed.
While LB 677 would have required strict testing before products reached patients, the emergency rules only suggest that products may be tested. The commission currently doesn’t have the authority to mandate testing without legislative changes.
Packaging must be tamper-proof, child-safe, and free from images or branding that could appeal to minors, including cartoon characters or celebrity likenesses.
Senator Ben Hansen, who introduced LB 677, said many elements of the emergency regulations appear to have been lifted from his bill. He noted the real test would come with the final version of the rules. He also raised concerns about potential lawsuits from the state Attorney General, which could challenge the commission’s authority and burden taxpayers.
Senator John Cavanaugh, co-sponsor of LB 677, noted that the commission lacks the power to limit marijuana product forms. Crista Eggers, who leads the group behind the ballot initiative, agreed, stating the law legalized all forms, including flower. She also noted it’s still unclear where applicants should send their completed paperwork.
After the meeting, Eggers said she sees positive steps being made, especially the commission’s openness to public feedback. Final regulations will be subject to a public hearing with at least 30 days’ notice. The next commission meeting is set for August 4, with a possible hearing on permanent rules to follow in September.
The broader marijuana industry, including leading firms like Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED), will be following how the legalization process plays out in Nebraska to enable qualifying patients to access licensed cannabis-based products to help them to address their symptoms.
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