Nebraska Cannabis Program Updates

Nebraska Cannabis Program Updates
While the number of states with legal recreational cannabis continues to climb, Nebraska
remains on the opposite side of the spectrum with no access to legal cannabis—including
cannabis for medical purposes. However, Nebraska medical marijuana advocates are pushing to
get cannabis on the ballot this November.

Nebraska cannabis laws and background
Nebraska has no laws that make the medical or recreational use of cannabis legal. Although
cannabis possession is illegal in Nebraska, the state decriminalized first offenses for possession
of small amounts back in 1979.

In 2015, advocates tried to pass the Cannabis Compassion and Care Act, which would have
allowed for the medical use of cannabis in liquid or pill form. The proposed legislation excluded
any smokable cannabis. While the initiative passed, it was later blocked by a Senate filibuster.

Nebraska cannabis advocates tried to pass medical marijuana legislation again in 2020. However,
the Nebraska Medical Marijuana Initiative never made it to the ballot. A 2022 initiative failed as
well, with cannabis never making it on the final ballot.

Two years later, Nebraskan advocates are once again pushing to get cannabis legislation on the ballot for November. According to polling numbers, public support appears to be strong across many demographics. However, political opposition is strong too, with Governor Jim Pillen and Attorney General Mike Hilgers making their stance against legalization clear.

Two ballot petitions
The most recent attempt to get cannabis on the Nebraska ballot was struck down because the
previous initiative dealt with two subjects: legalization and the creation of a system to cultivate,
sell, and distribute. This violated the state’s single-subject rule.

This time around, Nebraskans for Medical Marijuana launched two separate petitions—one for
the patient protection act, and one for the medical cannabis regulation act. If enough Nebraska
voters approve the measures, they will become law once certified.

Next steps for Nebraska cannabis
The push to legalize medical cannabis in Nebraska is not over. While campaigners have
collected the necessary number of signatures, they still need to distribute the signatures for
verification. Advocates claim to have turned in more than 114,000 signatures, of which 86,500
will need to be verified as coming from legitimate registered voters. Additionally, the total
number of signatures must include people from at least 5% of voters across 38 of the state’s 93
counties.

Following the signature verification, the state attorney general will need to review and validate
the petition language. For now, we will have to wait and see the results of the signature
verification process. If approved, the measures will make it on the November ballot. If denied,
advocates will need to regroup and try again another year.

We’ll be keeping a close eye on the state’s progress.

Are you interested in obtaining a cannabis business license in Nebraska? Call us to speak with an industry expert at 602-290-9424.

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