Nebraskans express frustration with proposed changes in medical marijuana amendment

At a Sunday town hall, Nebraskans expressed frustration and confusion over the rollout of medical marijuana regulations after voters overwhelmingly voted in favor of legalization last year.

The event, held on the University of Nebraska-Omaha campus and attended by about 50 people, was one of three town halls scheduled by a bipartisan group of lawmakers in the officially nonpartisan legislature.

Sunday’s discussion was attended by State Sens. Margo Juarez, Terrell McKinney, Machaela Cavanaugh and John Cavanaugh of Omaha; Jane Raybould and George Dungan of Lincoln; Merv Riepe of Ralston; Rick Holdcroft of Bellevue; and Ben Hansen, who represents parts of Washington, Cuming, Stanton and Burt counties.

Medical marijuana has technically been legal in Nebraska since the ballot measures were approved by Nebraska Gov. Jim Pillen in December, but lawmakers have sought to make adjustments to the regulatory statute enacted by voters.

Last week, Legislative Bill 677 – a bill that changes some provisions in the voter-enacted regulation statute – advanced out of committee under a compromise amendment that would allow people to possess up to two ounces of cannabis flower, but would expressly prohibit smoking it.

The amendment clears a path for LB677 to pass the full legislature, but it’s unclear if it has enough support to get the needed 33 votes to make changes to a voter-created statute. Holdcroft said he’s been told by the speaker that the bill will make it to the floor at some point in the last 10 days of session.

Many attendees expressed dismay at the changes in the recent amendment and urged legislators to let the statutes stand as approved by voters.

“This is not what we voted for,” Ethan Stankus said as he held up the list of changes made by the amendment.

The original statute enacted by voters allowed for possession of up to five ounces of marijuana for consumption in any form, and allowed medical professionals to prescribe it for any condition. With last week’s amendment, LB677 would make a list of eligible conditions, and would still allow for possession of up to five ounces, but only two of those ounces could be in flower. Smoking would not be allowed, but vaping would be permissible.

The removal of smoking as an allowable form of consumption was a major point of contention for attendees. Angie Phillips, who had a heart attack four years ago after years of cigarette use, said she understands the concerns about smoking. But she said smoking marijuana has helped with the lingering pain from nerve damage caused by the heart attack, and with the nausea she experiences from prescribed medications.

“My doctor is aware of my health and the impact smoking has had on it,” Phillips said. “I am aware of my health and the impact smoking has had on it. I’m asking the legislature to let me and my doctor make that decision about how that balances out for me and my pain.”

Throughout the two-hour town hall, many Nebraskans shared personal stories. A daycare owner who underwent a double mastectomy two years ago and still deals with severe neuropathy teared up as she recounted being prescribed opioids that helped with the pain but put her to sleep. She said marijuana helps with the pain, but she doesn’t use it for fear of her business being shut down.

“If I took the medication they prescribed me, I’d be home asleep,” she said. “I don’t get to function at night because after my business closes for the day, and I clean for an hour, I have to either be in pain or take an opiate and take a nap.”

Others spoke of their experience with conditions from anxiety to lupus to multiple sclerosis. A handful of parents of epileptic children spoke on behalf of their kids. Liz and Matthew Bronson, the parents of 7-year-old Teddy who suffers from a rare and severe form of childhood epilepsy called Lennox-Gastaut Syndrome, both urged legislators to take steps towards sensible regulation.

“As our epileptologist at UCLA has said, we can either pass evidence-based, well-regulated legislation, or we can sign more death certificates,” Liz said.

The petition drive which allowed the medical marijuana initiatives to appear on the ballot is also under scrutiny by Nebraska Attorney General Mike Hilgers, who has alleged fraudulent behavior by petition gatherers. A case challenging the validity of the signatures is currently being considered by the Nebraska Supreme Court, but an oral argument date has not yet been set. Hilgers has urged lawmakers not to act on further regulations due to the ongoing legal challenge.

Sen. Hansen ended the meeting by encouraging attendees to reach out to Republican senators to share their personal stories in hopes they come around on LB677.

Another town hall will be held in Lincoln on Monday from 5-7 p.m. at Southeast Community College. Livestreams of the town halls from La Vista and Omaha can be viewed on Nebraskans for Medical Marijuana’s Facebook page.