Updated medical cannabis regulations in limbo until 2027

Updated regulations for Nebraska’s medical cannabis program will not be final until next year, Nebraska Medical Cannabis Commission members said Monday.

That announcement comes after both Attorney General Mike Hilgers and Gov. Jim Pillen signed off on the original, temporary regulations to make them permanent this summer. Updates include set fees and registration and renewal processes for license applicants hoping to work within the state’s cannabis program.

Under that timeline, Hilgers and Pillen will not have to approve or deny of any regulations until after the November election.

Although the commission has already given out a few cultivator licenses and begun accepting applications for manufacturers, 10 of which have been submitted so far, it has said it will not move forward with licensing product manufacturers or dispensaries until the fees are authorized, stalling substantial progress until after the updates get final approval.

“I am not surprised,” Crista Eggers, executive director of Nebraskans for Medical Marijuana, said, when asked about the timeline for new regulations. “However, what I don't think the public understands is that we are not moving forward with anything until January. The likelihood that patients see real access in this state in 2027, I believe, is slipping away every day.”

At their Monday meeting, commissioners scheduled a public hearing, one of the first steps in the approval process for the updates, for Oct. 15. The updates will likely come back before the commissioners at the next meeting, which is scheduled for Oct. 19, including public comment. Actually approving the regulations could happen at that meeting or the commission’s November meeting and will then go to Hilgers’ office for approval.

Commissioners approved the first round of regulations in April, which were not approved by Hilgers until the end of June.

Members of the public pointed out at Monday's meeting that nearly two years have passed since Nebraska voters approved a statewide medical cannabis program on the ballot. Several say their loved ones are waiting for access to the drug for pain relief and that that program is being moved along too slowly. Angelica Marsaglia, a public commenter via Zoom, said she voted for a medical cannabis program in Oklahoma when she lived there before and that the process to get that program running was far shorter.

“We really need support, not more opposition,” Marsaglia said.

One commissioner, Jim Elworth, pushed back on criticisms that the program is not being moved forward fast enough. He said commissioners did not even get started working on the cannabis program until the first of them were appointed in May 2025. Moreover, they inherited an idea for a program with no budget, no staff and nowhere to meet.

“In spite of all this upheaval, throughout that time period, we have promulgated temporary regulations that are now permanent,” Elworth said. “You can look at them. They’re lengthy. They’re good.”

He added that Nebraska’s medical cannabis program must be safe, and that he would not use Oklahoma’s program as a template.

“We are protecting this process,” Elworth said. “It’s going to be a good process. We are making progress.”

Commissioners also hired Brett Long, who’s currently a tax revenue specialist with the Nebraska Department of Revenue, as the new executive director. His first day will be Sept. 28.