He’s been on parole for decades. Cannabis gummies could land him back in Nebraska prison

Donald Moore spends much of his day in the front room of his Fremont home. He sits in an old leather chair, watches television, cares for his wife and fixes up guitars to sell.

The 61-year-old suffered a stroke several years ago that impacted his mental capacity. Recent heart issues and complications from COVID-19 have worsened his health. Amid a growing list of medications, he opted for what he calls “a holistic” approach.

For more than a year, Moore has popped over to his local convenience store to purchase cannabis gummies known as THCA.

Tetrahydrocannabinolic acid (THCA) is a naturally occurring compound found in cannabis plants. It’s legal under state and federal regulations — but not for Moore.

As a parolee in Nebraska, his use of the gummies could land him back in prison.

Ten to life

Moore was 14 years old in 1979 when he and his 21-year-old brother, Carey Dean Moore, set out to rob an Omaha cab driver.

The brothers called the cab from a local restaurant and instructed the driver, Reuel Eugene Van Ness, to take them to an area near Standing Bear Lake in northwest Omaha. When they arrived, Carey took out a .32 caliber pistol, stole $70 from Van Ness, then shot him in the back four times.

Donald drove the taxi into the city with his brother in the back seat. Days later, Carey would rob and kill another cab driver, Maynard Helgeland.

At 15 years old, Donald was convicted of second-degree murder and sentenced to life in prison with eligibility for parole after 10 years.

Carey was sentenced to death and would spend 38 years in prison before his execution by lethal injection in 2018. In the hours before his death, he wrote a final statement. Much of it was addressed to his brother.

“The ACLU and my attorney would like to file something on my behalf, but most certainly I do not,” Carey wrote. “But if they would really like to, then I wish they would file a motion for my brother, Donald, to get him off parole, which he has been on since forever… I should have led him in the right way to go instead of bringing him way down, and because of that, I am terribly sorry. Please forgive me, Don.”

Though he was released on parole years earlier, Donald did not attend the execution. He said he has a hard time remembering how he felt when he heard his brother’s final statement, and his recollection of the murder in 1979 is even foggier.

“I don't remember the offense, but I do remember when I went to jail, my pastor, so I contacted him after I started getting my faculties back together again after the stroke,” Donald said. “I did accept the Lord as my personal savior at age 14. That's all I got left, that's it, right, to put together a whole list of memories, but they're really weak.”

Carey was executed with a combination of four drugs that had never been used before in an execution in the United States, including fentanyl, a powerful opioid. Donald finds a "ludicrous" irony in that.

“Didn't they kill Carey with fentanyl? I was like, oh my goodness, and they're having problems with me doing gummies,” Donald said.

Cannabis in Nebraska

Laws around cannabis and marijuana use are murky.

Nebraskans overwhelmingly voted to legalize and regulate medical marijuana in 2024, but the process has been hindered by bureaucratic delays.

Lawmakers in April passed the first-ever bill related to Nebraska’s medical cannabis program. The bill gave the state's Medical Cannabis Commission the authority to create application fees for dispensaries and manufacturers and requires those applicants to submit fingerprints for background checks.

But before cultivators can begin to sell in Nebraska, the commission must first regulate licensing, fees, transportation and manufacturers. Even then, parolees would likely have to seek permission from their parole office to apply for a medical marijuana card.

As a condition of his Nebraska Certificate of Parole, Donald is prohibited from the use, purchase, sale or possession of “any narcotic or dangerous drug unless first prescribed by a licensed physician.”

Despite their legality, many CBD and THC products will show up on a urine test as a positive for marijuana, said Justin Kalemkiarian and Wyatt Axmann with Lincoln and Omaha-based Liberty Law Group.

“It is really difficult for people to navigate this, whether you're on parole, probation or otherwise,” Kalemkiarian said.

He noted that there are several products that can be purchased from Nebraska businesses that may look, taste and smell like products that can be found in states like Colorado, where recreational marijuana use is legal.

“If you're not supposed to have THC in your system, you should think seriously about whether it's worth the risk to go buy one of these products from a store in Nebraska, including CBD,” Kalemkiarian said.

Donald took THCA for about 18 months before a urine analysis alerted the parole board of his use. He reported to a parole violation hearing on May 14 and was represented by John Ashford, a local defense attorney.

“If he has a parole violation, he could go back to federal prison, for the rest of life,” Ashford said. “It was very nerve-wracking, because the sentence was very disproportionate to the crime in this circumstance.”

The hearing ended with a compromise. Donald would stay out of prison and work with his probation officer to find a solution to his cannabis use, Ashford said.

Donald’s parole officer declined to comment on the case, citing parolee confidentiality.

At his own request, Donald will again go before the parole board. His preliminary hearing is scheduled for Thursday.

“I was raised at Nebraska corrections,” Donald said. “At least they have medical professionals that can offer logical empathetic treatment.”