LINCOLN — Nebraska Attorney General Mike Hilgers on Tuesday signed off on the constitutionality of regulations from the state Medical Cannabis Commission, a key step toward final approval.
Hilgers, who has opposed the creation of the regulatory commission and questioned the legality of its existence, said in a Tuesday letter that his review “does not imply my support for or opposition to the regulations as a policy matter.”
“As to constitutionality, I conclude that the medical cannabis regulations do not clearly violate the state or federal Constitutions on their face,” Hilgers said.
The regulations now go to Nebraska Gov. Jim Pillen, who will need to act by July 11 to prevent any lapse for current temporary regulations. The emergency set — the same as the more formal guidelines that Pillen will now review — expires July 15. Should Pillen sign, the more formal set of rules would take effect five days after signing.
Laura Strimple, a spokesperson for Pillen, told the Nebraska Examiner: “The governor will be reviewing and taking action on these regulations in the coming days.”
Regulations specifics
Among requirements in the regulations are:
- Establishing a “Recommending Health Care Practitioner” directory and requiring patients who want to access Nebraska-licensed dispensaries to go through one of the providers.
- Capping cultivators at no more than 1,250 flowering plants at one time.
- Restricting purchases of medical cannabis to no more than 5 ounces of medical cannabis in a 30-day period, of which no more than 5 grams can be delta-9 tetrahydrocannabinol (THC) from the same dispensary. Delta-9 THC is the part of cannabis most associated with a “high.”
- Allowing no more than 12 medical cannabis dispensaries statewide, arranged by judicial district. That would mean one dispensary each in Douglas County (584,526 residents), Lancaster County (322,608 residents), Sarpy/Cass Counties (217,202 residents) and Buffalo/Hall Counties (112,979 residents), according to 2020 census data.
- Prohibiting the sale of smoking or vaping products and edibles of any kind. Oral tablets with a “thin layer” of flavoring to make the products swallowable would now be allowed.
Cultivators, product manufacturers, transporters and dispensaries can be licensed. To date, the commission has licensed four cultivators — the maximum number allowed under the regulations — and has opened up applications for manufacturers.
Advocates have repeatedly expressed concern that the proposed regulations could hurt the program’s ultimate success. They’ve also worried that Hilgers’ opposition, and the Legislature failing to pass protections for health care providers who wish to recommend medical cannabis, could mean the in-state provider directory for recommendations sits empty.
In his letter, Hilgers cautioned that the commission rules are aimed at regulating marijuana for medical use only and are currently in line with federal law.
“Any medical cannabis regulations that allow access to marijuana untethered to a plausibly medical purpose without adequate patient protections are ‘medical’ in name only and may slip into a preempted recreational marijuana scheme,” Hilgers said.
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Nebraska AG Hilgers approves medical cannabis regulations; Governor Pillen to review next
