Possession of cannabis for medical purposes is now legal in Nebraska – but there will be a wait before patients can legally access products.
On Thursday, Nebraska Governor Jim Pillen signed proclamations that ballot measures 437 and 438 are now law – one legalizing medical cannabis possession and the other to establish a commission to regulate how it is used and accessed.
The road to this point has been incredibly long and very bumpy. Right up until last Wednesday, it wasn’t clear if the Governor would give or even be in a position to give his sign off. However, Lancaster County District Court Judge Susan Strong denied a motion that would have stopped him from acknowledging and signing the results.
For Nebraskans for Medical Marijuana (NMM), it’s been a decade-long journey with many frustrations and disappointments for its supporters along the way.
“Today, their unwavering courage has been rewarded,” said NMM’s Crista Eggers. “With the signing of these proclamations certifying ballot measures 437 and 438, Nebraska has taken a monumental step forward. This is more than just a policy change – it’s a testament to the power of perseverance and compassion.”
Patients still have a wait on their hands. The newly established regulatory commission will first need to draft and implement the rules governing medical cannabis use. It likely won’t be until the fall of 2025 at the earliest for a system to be in place where patients can get a medical card.
And there are more legal challenges in the works. Governor Pillen and the state’s Attorney General accompanied the signing with a comment that they believe there are serious issues remaining concerning the validity of the petitions under federal law and the Nebraska Constitution.
Last month, Judge Susan Strong dismissed a related lawsuit, ruling that both initiatives “fulfill all constitutional and statutory requirements” under Nebraska law. But on December 10, an appeal was lodged and the Supreme Court has subsequently decided take up the appeal; meaning it will skip Nebraska’s Court of Appeals. But the legal challenges don’t end there, with another separate lawsuit lodged.
But for now, pro-cannabis groups in Nebraska such as NMM are celebrating the win before preparing for whatever’s next.
“For the countless patients who have waited, fought, and dreamed of this day, Nebraska is closer to offering the help and healing they deserve,” said Ms. Eggers.
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