LINCOLN — State Sen. John Cavanaugh of Omaha blasted regulations from the Nebraska Medical Cannabis Commission and requested a public hearing over the regulations this month.
Cavanaugh issued a complaint Thursday, stating the commission and Gov. Jim Pillen “have chosen to override the clearly expressed will of Nebraska voters” with regulations that restrict access to the medicine and disregard the legalization ballot initiative that 71% of voters supported last year.
Cavanaugh submitted the complaint to Sen. Ben Hansen of Blair. As chair of the executive board, Hansen receives complaints and can forward them to a committee for a public hearing.
Cavanaugh asked for a hearing in the General Affairs Committee and suggested it could be tied to a hearing already on the books for Oct. 31. Cavanaugh previously filed a proposal requesting an interim study of the implementation of medical cannabis laws.
Cavanaugh, Hansen and State Sen. Rick Holdcroft, chair of the General Affairs Committee, were key figures in advancing a bill to facilitate access to medical cannabis this session. Hansen wrote the bill, and Cavanaugh and Holdcroft made compromises to get it from the committee to the legislative floor.
Ultimately, it stalled, with some conservative lawmakers arguing that the bill was recreational marijuana in disguise and not appropriate because the commission should have regulatory authority. Hansen, Cavanaugh and others said the commission doesn’t stop lawmakers from legislating.
They also expressed concern the governor-appointed commission would make access more difficult by significantly narrowing rules that voters approved.
In his letter, Cavanaugh said that’s exactly what has happened, echoing statements from advocates and patients at commission meetings.
He notes that the voter-approved Nebraska Medical Cannabis Patient Protection Act allows Nebraskans with a recommendation from a health practitioner to possess up to 5 ounces of cannabis from any part of the plant and allows for any type of delivery method, like smoking, vaping or edibles.
The commission doesn’t have authority to regulate patients and caregivers, but it has set rules about what practitioners can recommend and what patients can possess or use, Cavanaugh said.
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That includes setting a limit of receiving 5 grams per 90 days instead of 5 ounces (there are more than 28 grams in one ounce) and limiting delivery methods to pills, patches, tinctures, creams and inhalers.
Cavanaugh also challenged a regulation limiting valid recommendations for medical cannabis to a list of specific health practitioners in Nebraska. The statute says recommendations can come from a qualified practitioner from any state.
The commission also had deadlines to set application criteria for licensing by July 1 and to accept successful applicants by Oct. 1. The commission didn’t meet for the first time until June and has since operated largely on the fly, developing regulations at meetings and seemingly during lengthy executive sessions.
Cavanaugh said the governor and his staff wrote regulations and dictated provisions, but used emergency rules that didn’t involve public hearings. He also noted the commission missed its Oct. 1 deadline — members said the resignation of two commissioners delayed the process of approving cultivator licenses.
“Lack of adequate planning does not constitute an emergency. The failure to follow these clear deadlines in statute create a legal risk that the commission’s actions will be nullified by the courts,” Cavanaugh said, adding that the process needs to be more transparent.
He also emphasized that Nebraskans can legally possess medical cannabis under the law now, even if the in-state system is in the works.
“The commission’s regulations only serve to make it more difficult to obtain medical cannabis in an environment where the state has some control and oversight, driving those who do need care out of Nebraska despite the fact that this state voted overwhelmingly in favor of medical cannabis,” Cavanaugh said.
“If the commission, the governor and some state senators fear recreational marijuana is the next step, I can only say that the surest way to guarantee the voters take that next step is by frustrating their clearly expressed will in favor of medical cannabis.”
The commission is in a state of flux with Pillen recently asking two members to resign due to controversy on the Liquor Control Commission. The commission also has a meeting Tuesday to review cultivator applications and a public hearing Oct. 15 about permanent regulations.
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