Cannabis commission limits number of marijuana plants cultivators can grow in Nebraska

The Nebraska Medical Cannabis Commission added a limit to the number of marijuana plants cultivators can grow during an emergency meeting Monday.

The move came in response to a request from Gov. Jim Pillen, who declined to sign the newly approved regulations without such a limit.

In a letter sent to commissioners Thursday, Pillen explained his opposition.

“Leaving the cultivators without a limit would increase likelihood of an overabundance of cannabis product that creates an unregulated, unintended black-market supply,” he wrote.

The latest version of the regulations approved at Monday’s meeting include a limit of 1,250 flowering marijuana plants at any given time for each cultivator. A maximum of four cultivator licenses can be awarded.

Crista Eggers, the executive director Nebraskans for Medical Marijuana, said that number isn’t adequate for the needs of patients in the state.

“What we've seen in states across the nation, when you too narrowly restrict the cannabis product or the ability for people to grow it or manufacture it or to sell it on the shelves in the dispensary, we unfortunately see the black market just skyrocket,” she said.

Eggers said two plants per patient would be a more appropriate guideline for commissioners to adopt.

According to the data from the Marijuana Policy Project, Nebraska’s four neighboring states with legal medical cannabis each have at least 10,000 patients. By Eggers’ calculation, the new regulations would only allow enough supply for 2,500 patients in Nebraska.

Pillen said last week he supports the remainder of the proposed emergency regulations and indicated he would sign them if amended, but Eggers said she thinks the 1,250-plant limit may still be too high for the governor.

“It's yet to be known whether he will sign that or if he will send it back to the commission, because that's not an acceptable number to him,” she said. “So, I think it's a little bit of wait and see.”

The commission’s next regularly scheduled meeting is set for Sept. 30.