Medical marijuana advocates criticize restrictions on cannabis access at hearing

The fight over medical cannabis access in Nebraska continued Wednesday as dozens of advocates spoke out against proposed regulations from the Nebraska Medical Cannabis Commission.

More than 71% of voters in the state supported legalizing the use of up to five ounces of marijuana for medical purposes by qualified patients in the November 2024 election.

The proposed regulations provide a pathway for patients to access that in theory, but many at Wednesday’s hearing said the restrictions amount to a de facto rejection of the voters’ intent.

“We must ask, why bother voting if our government is going to turn around and squash the clear will of the people?” said testifier Tiffany Gustafson. “This action sends a dangerous message – voter participation is futile when the bureaucracy disagrees with this outcome.”

The proposed restrictions include a limit of 1,250 flowering plants that can be possessed by each cultivator. A maximum of four cultivator licenses can be awarded in the state.

“By capping the total number of cultivators and flowering plants, the state is guaranteeing high prices and product shortages, crippling the market before it can even serve its purpose,” Gustafson said.

Gustafson also took issue with the rule that dispensaries cannot sell or transfer medical cannabis to the same qualified patient for the same written order more than once.

“The rule imposing no refills is a cruel, cynical tax on the sick,” she said. “It requires patients to pay for a new doctor's visit every 30 days, making vital medicine prohibitively expensive and forcing them back to the black market.”

Others criticized the proposed bans on products administered by smoking, combustion or vaping, as well as raw plant material, such as marijuana flower.

Some said the ban on marijuana flower is blatantly unlawful, given the ballot initiative’s language legalizing of marijuana for medical purposes.

“The people wanted to be able to possess cannabis for medical purposes up to five ounces, including flower and plant,” said State Sen. John Cavanaugh. “This commission has no authority to go against the law for what the people voted for.”

Cavanaugh, who is running for Congress in Nebraska’s 2nd Congressional District, wasn’t the only political candidate to attend the hearing.

Dan Osborn (U.S. Senate), Patty Pansing Brooks (State Legislature, LD28), Cindy Maxwell-Ostdiek (LD4), Nate Ostdiek (LD6) and Christy Knorr (LD12) were also present.

One group of people were notably absent – the three Nebraska Medical Cannabis Commission members themselves.

The commission is required to review the comments made at the hearing and provide written responses. The commissioners are not required to attend the hearing itself, though their physical absence drew ire from many testifiers.

Dominic Gillen, who said he’s been advocating for medical cannabis access on behalf of his son for 12 years, said Wednesday’s hearing is the final straw for anyone holding onto hope in the process.

“What we're witnessing today is not integrity, it's deceit and an abandonment of responsibilities to the principle of election integrity,” he said. “The commissioners should be here actively listening, recognizing that they still have the power to make changes.”

The proposed regulations still need the approval of Attorney General Mike Hilgers and Gov. Jim Pillen before they can be filed with the Secretary of State, but legal challenges remain on the horizon.

The next meeting of the Medical Cannabis Commission is Nov. 3 at 1 p.m.