Nebraska’s Medical Cannabis Commission Nears Licensing Deadline With No Clear Criteria in Sight

With Just Days to Go, Advocates Say Opaque Process Undermines Voter-Approved Medical Access

LINCOLN, Neb. — As Nebraska’s newly formed Medical Cannabis Commission approaches a critical July 1 deadline to adopt licensing criteria for the state’s emerging medical cannabis program, patients and advocates remain in the dark. Despite state laws mandating the launch of licensing by October 1, the commission has yet to publish draft rules, leaving stakeholders increasingly alarmed by the process.

The commission — created by ballot initiatives overwhelmingly approved by Nebraska voters in November — is scheduled to meet Thursday for the first time with its full five-member roster. But as of Tuesday evening, there were no publicly available drafts of the licensing criteria required under state law, nor clear guidance on what standards applicants will need to meet.

Emergency Criteria May Be on the Table, but Final Regulations Still Weeks Away

Thursday’s meeting may include a vote on adopting temporary or emergency licensing criteria to allow the application process to begin after the July 1 deadline. However, under Nebraska law, permanent regulations cannot be finalized without 30 days’ public notice and a hearing. This means final licensing rules may not be in place until later this summer or early fall uncomfortably close to the October 1 operational deadline.

The agenda for Thursday’s meeting also includes a proposed “memorandum of agreement” between the commission, the Department of Health and Human Services (DHHS), and Gov. Jim Pillen’s Policy Research Office. The agreement would allow DHHS to provide legal and administrative support to the commission, a move that is sparking significant concern among legalization advocates.

Advocates Slam DHHS Involvement, Citing History of Opposition to Medical Cannabis

Crista Eggers, executive director of Nebraskans for Medical Marijuana and the driving force behind the ballot initiative campaign, voiced growing frustration with what she sees as a breakdown in communication, transparency, and intent.

Eggers said the involvement of DHHS, a department that has repeatedly opposed medical cannabis legalization — contradicts the will of the voters, who explicitly designed the ballot measure to bypass the agency’s involvement.

The agreement under consideration would give DHHS authority to participate in rulemaking, draft legislation, and oversee administrative enforcement — essentially putting the regulatory power back in the hands of those who actively fought against legalization.

State Health Officials Reiterate Cannabis Is Not Recognized as Medicine

DHHS officials have consistently opposed medical cannabis. In March, Executive Medical Officer Dr. Roger Donovick testified that “cannabis is not a medication,” reaffirming the department’s longstanding position.

Eggers said the department’s influence poses a direct threat to patient access and undermines the structure that voters intended to build. She warned that the legal memorandum would give DHHS “almost full authority,” and described the move as a betrayal of public trust.

“This was supposed to be a new beginning for patients,” Eggers said. “Instead, we’re seeing another institutional blockade.”

Commissioners Face Mounting Legal Pressure as Lawsuits Loom

The Medical Cannabis Commission is also navigating multiple legal challenges. The Nebraska Attorney General’s Office has already vowed to sue the commission if it proceeds with licensing, citing conflicts with federal drug policy. Meanwhile, a former state senator is suing commissioners, Gov. Pillen, DHHS leadership, and ballot measure sponsors, arguing that the law violates federal statutes regarding marijuana.

Despite these legal threats, the commission is obligated to move forward under state law, which mandates that licensing begin by October 1.

Patients Still Cannot Purchase Cannabis Despite Legal Possession

Under the approved ballot measures, patients with a qualifying recommendation can legally possess up to five ounces of medical cannabis. However, the law does not yet allow for legal in-state purchases, leaving many patients in a state of limbo and forcing some to seek treatment options across state lines.

Physician protections also remain limited, as a separate legislative bill designed to shield providers from criminal and civil liability for recommending cannabis failed to pass last month.

Public Frustration Builds as Advocates Call on Nebraskans to Take Action

As Thursday’s meeting approaches, public sentiment among patient advocates has shifted from cautious optimism to deep disappointment. Eggers said the process has become a “gut punch” for families waiting for medical access.

Still, Eggers urged Nebraskans not to give up. She encouraged residents to show up at Thursday’s commission meeting and demand accountability from the officials overseeing the rollout of the voter-approved program.

Meeting Details and Public Participation

The Nebraska Medical Cannabis Commission will hold its meeting Thursday at 10 a.m. at the Nebraska State Office Building, 301 Centennial Mall South in Lincoln. Public comment is on the agenda, with commissioners initially approving a one-hour period and a three-minute limit per speaker — though those parameters may change.

The meeting marks the first opportunity for residents to speak directly to the full commission since its formation. With licensing criteria still unknown and trust in the process waning, Thursday’s gathering is expected to draw strong turnout from both advocates and critics of the state’s medical cannabis program.