Nebraska Says Yes To Medical Cannabis After Years Of Failed Legalization Attempts: Here's What You Need To Know

Nebraska voters chose to legalize and regulate medical cannabis on Tuesday via two ballot measures.

What Happened

The AP reported Tuesday night that with nearly 60% of the votes counted, over 72.4% of Nebraska voters said yes to Initiative 437, thus enacting the Nebraska Medical Cannabis Protection Act. And 68.5% of voters approved Initiative 438, which enacts the Nebraska Medical Cannabis Regulation Act that will create a government board to regulate medical cannabis for patients.

After two unsuccessful attempts – in 2020 and again in 2022 – to legalize medical marijuana, Nebraskans for Medical Marijuana, the cannabis legalization advocate group led by campaign manager Crista Eggers, has made it. Activists submitted the required number of signatures earlier this year, totaling close to 115,000, surpassing the 86,500 needed. Secretary of State Bob Evnen certified both measures.

Why It Matters

Nebraska Medical Cannabis Protection Act allows qualified patients to use and possess up to five ounces of cannabis to treat and help alleviate their health conditions.

Under the Nebraska Medical Cannabis Regulation Act, Nebraska Medical Cannabis Commission is charged with establishing and adopting regulations for the new market.

Paula Savchenko, Esq., founding partner of Cannacore Group and PS Law Group, shed light on the timeline of setting up a new market and a regulatory frame around it.

“Following the adoption of the Commission's regulations, the Commission must grant medical cannabis business licenses by October 1, 2025,” Savchenko told Benzinga. “Based on the proposed timeline set forth in the Act, the market may open as early as Summer 2026, depending on various factors such as construction of facilities, Commission inspections, licensing roll-out and potential litigation.”

Read Also: Nebraska Senate Hopeful And Union Leader At First Says No, But Then Opens Up About Trying Marijuana

Industry Praises Ballot Results

David Craig, chief marketing officer of Illicit Garden, which operates in neighboring Missouri where the use of both medical and recreational cannabis is legal, praised the ballot results.

“We applaud the citizens of Nebraska for embracing this significant change,” Craig said. “Legalizing medical cannabis opens the door to numerous opportunities—from boosting the state’s economy to rectifying long-standing social injustices related to cannabis prohibition. The cannabis industry is eager to collaborate with state officials, businesses, and community organizations to ensure the responsible and effective implementation of the new law.”

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Gurpreet (Pete) Sahani CEO of The Blinc Group, a company headquartered in New York City that designs, develops, supplies and supports premium cannabis vaping hardware, said legalization of medical cannabis is a “monumental step” for Nebraska.

“It will not only generate significant tax revenue for essential services like education and infrastructure but also relieve the criminal justice system of low-level cannabis offenses,” Sahani said. “With this new framework, Nebraska can establish a well-regulated market that prioritizes safety and accountability while offering a pathway to expungement for past cannabis-related offenses, rectifying past injustices."

John Mueller, CEO of Greenlight, a company that invested in the initiative, said "Today's decision by Nebraska voters marks the end of unnecessary delays and the beginning of a modern medical cannabis program rooted in proven healthcare practices."

Legal Disputes

However, Savchenko said the ongoing legal hurdles around the validity of the Initiatives’ signatures could endanger legalization efforts.

Last week, Lancaster County District Judge Susan Strong allowed the votes cast for or against Nebraska's two medical cannabis ballot measures to be counted and made public.

The decision is an answer to a lawsuit filed by John Kuehn, who served in the Legislature from 2015 to 2019 and has been a leader in the anti-legalization group Smart Approaches to Marijuana (SAM), in September. He attempted to block medical marijuana measures from reaching the ballot.

“Closing arguments concluded last week, and Judge Susan Strong of the Lancaster County District Court has given both parties until November 12, 2024, to submit additional briefs,” Savchenko said. “A ruling may take several weeks, with medical cannabis advocates prepared to demonstrate sufficient signatures if the Judge rules in favor of the plaintiffs.”

Read Next:

• Election Day 2024: Will Florida, Nebraska, North And South Dakota Join The Marijuana Revolution?