A bill that would have given doctors immunity from prosecution if they recommended medical marijuana as a treatment was revoked by its sponsor in the legislature Tuesday night.
Sen. John Cavanaugh said he withdrew it because other lawmakers made too many changes and did not accept the good provisions that he suggested.
“This bill has been hijacked by people who are disingenuous,” Cavanaugh said. “This bill no longer makes sure that kids can get access to medicine.”
Senators added in language that would have required that the doctor who gives a recommendation have a license to practice in Nebraska and to comply with the state’s medical cannabis regulations. They also required doctors to take scientific evidence into account when making their recommendations.
Cavanaugh said the changes went against what Nebraska voters approved on the ballot in 2024. He added that the ballot initiative for the state’s medical marijuana program was written carefully by its proponents. For instance, many patients who take medical marijuana need to visit specialists who practice in other states.
Many amendments did not pass, including one of Cavanaugh’s own amendments that would have kept doctors from giving out cannabis samples, promoting a particular dispensary, and allowing doctors to decline to issue a medical marijuana recommendation at all. Some amendments were unrelated to the bill altogether, like one that would have prohibited gender-affirming care for transgender minors.
Crista Eggers, director of Nebraskans for Medical Marijuana, called the amendments, particularly one by Sen. Kathleen Kauth that dealt with gender-affirming care, a “mockery” of people who are suffering and need medicine. She said the amendments had no place in the bill and amounted to an effort to try to kill the bill.
Cavanaugh said the bill is vital to ensure that the state’s medical cannabis program, approved by voters on the ballot in 2024, is functional. But those who filed amendments, among them Sen. Brian Hardin, argued that more needed to be done to protect patients.
“There’s no accountability for how the system works inside Nebraska,” Hardin said.
Others worried that doctors might harm patients and then be immune from prosecution. Senator Ben Hansen wrote a letter from trial attorneys into the record, which said that the bill does allow for lawsuits if the doctors don’t meet a standard of care or commit malpractice.
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