Loren Lippincott
In November 2024 voters approved two ballot initiatives that allowed for the use and regulation of medical marijuana in Nebraska. The legality of this initiative is presently under review by the Nebraska Supreme Court, in terms of the process used to place it before the voters.
Recently the Legislature’s General Affairs Committee passed LB 677 along with Amendment (AM) 1251 on a 5-3 vote. The 124 page amendment is essentially a Trojan horse, which sets up a framework for recreational use of pot, supercharges the black market, handcuffs law enforcement, empowers lawbreakers, weakens public safety and would dramatically expand marijuana into nearly every aspect of public life. Fifty four county sheriffs and our attorney general have signed onto a letter which firmly opposes this legislation.
While claiming to provide regulation for medical marijuana, AM 1251 paves a superhighway for recreational marijuana in Nebraska. For instance, it permits the possession of marijuana flower, which is commonly used for smoking, while it does not limit or restrict vaping with high levels of THC, the mind-altering chemical in marijuana. It also allows marijuana to be contained in drinks, topicals and edibles.
Furthermore, the bill would give a healthcare practitioner the latitude to make virtually any medical condition an excuse for prescribing marijuana, with no liability. The practitioner can issue a recommendation that will be in effect for up to two years with no check-ups or ongoing treatment plan reviews required. In addition, the practitioner, whether in state or out of state, is granted civil and criminal immunity for any recommendations, and there would be no legal mechanism by which a patient’s registration card (needed to obtain marijuana) could be revoked. This means an out-ofstate practitioner could rubber stamp thousands of patient complaints for “chronic pain” without any physical exam. The supposedly restrictive list of medical conditions in the bill is only advisory in nature, and opens wide the door for recreational use of marijuana!
If it passes in its current form, the bill will supercharge the black market and create a whole new generation of drug dealers. The provisions in the bill make it much harder for law enforcement to find probable cause for searches or arrests of those who carry large amounts of marijuana. Furthermore, the bill does not limit the amount of marijuana a person can buy at any one time. Therefore, one caretaker could buy hundreds of pounds a month and distribute it to others. This opens up the possibility of “registered caregivers” becoming dealers within a cartel’s illegal distribution chain.
Following alcohol, marijuana is the most prevalent drug found in Americans arrested for driving under the influence. In one state with legalized medical marijuana, the incidence of driving after recent marijuana use is over 56 percent. This is causing an overload of work for law enforcement, the judicial system, hospitals and funeral homes. Without accountability for prescribers, there would be no recourse for a pregnant woman who is prescribed marijuana and then miscarries or delivers a baby with severe developmental issues. The practitioner could also not be held accountable if a patient with mental health issues commits suicide while under the influence of the drug.
Under the AM, individuals, whether patients, caregivers or licensees, could buy, sell and transport marijuana even if they have prior convictions related to controlled substances. The bill also grandfathers in all existing smoke shops (some of which are close to schools) which are fueling our synthetic Delta-8 crisis in the state.
Finally, this bill creates a “vertical licensing” structure, which gives a company the right to be part of every aspect of the supply chain. This is the exact opposite of what Nebraska does in the alcohol industry, in which a trusted three-tiered system helps regulate the sale of alcohol. This provision was heavily influenced by and clearly intended to favor a vertically integrated out-of-state recreational marijuana company which has lobbied heavily for this bill.
In summary, Amendment 1251 has nothing to do with the intent or will of the voters. It is a systematic legalization regime for recreational marijuana, disguised as a medical marijuana bill which is being falsely touted as necessary to fulfill the will of the voters.
Loren Lippincott represents Legislative District 34 in the Nebraska State Senate. Read his column in the Nance County Journal.