Hilgers signs off on Nebraska medical cannabis laws

Nebraska Attorney General Mike Hilgers announced Tuesday that he has signed off on medical cannabis regulations in the state.

The Medical Cannabis Commission approved the regulations in April. They include provisions for Nebraskans with a healthcare practitioner’s recommendation to legally possess up to 5 ounces of medical cannabis and for certain licensed cultivators to grow it.

Currently, only one of the four licensed cultivators has passed inspections and received the green light to start growing. Other cultivators are facing issues ranging from canceled inspections to adverse zoning rulings.

Hilgers, who has been vocal in his opposition to medical cannabis despite its overwhelming voter approval, pointed out that he is doing his statutory duty in approving the regulations but still believes there is a serious issue with the state’s legalization of medical cannabis.

“I write to highlight that an outstanding legal challenge may erase the statutory authority for the regulations, and that future medical cannabis regulations may raise concerns under the federal Constitution,” Hilgers wrote.

He was referring to a lawsuit brought by former State Sen. John Kuehn of Heartwell that alleged widespread fraud in the signature gathering process for the medical cannabis petitions. The lawsuit, which is still being considered by the Nebraska Supreme Court, seeks to invalidate a large number of signatures. Rather than defend the state, Hilgers has essentially expressed his support for the suit.

“If the Nebraska Supreme Court (or a district court on remand) concludes that the Nebraska Medical Cannabis Regulation Act did not receive enough signatures to be placed on the ballot, the Act would no longer be good law, and any medical cannabis regulations promulgated under the Act would lack the requisite statutory authority,” Hilgers wrote.

The regulations will now go to Gov. Jim Pillen, who has until July 15 to sign them into law.