In November 2024, Nebraska’s voters made their voices heard loud and clear, passing two landmark ballot initiatives to legalize medical cannabis. Initiative 437, the Nebraska Medical Cannabis Patient Protection Act, secured a resounding 71% approval, while Initiative 438, the Nebraska Medical Cannabis Regulation Act, garnered 67%. These measures, championed by Nebraskans for Medical Marijuana, marked a historic shift, allowing patients to possess up to five ounces of cannabis for medical use and establishing a commission to regulate its production and distribution. Yet, just months after this overwhelming mandate, Nebraska lawmakers are debating Legislative Bill 677 (LB 677), a proposal to amend the voter-approved marijuana law. Why are elected officials seeking to tweak a policy so decisively endorsed by the public? The answer lies in a complex interplay of funding gaps, legal challenges, and political divides.

A Grassroots Triumph Meets Legislative Hesitation

The journey to legalize medical cannabis in Nebraska was no small feat. For over a decade, advocates like Crista Eggers, campaign manager for Nebraskans for Medical Marijuana, fought tirelessly to bring the issue to the ballot. After two failed attempts in previous years, thwarted by legal and procedural hurdles, 2024 marked the third and most successful campaign. Volunteers collected over 114,000 signatures for each initiative, surpassing the 86,000 required to secure ballot access. The measures passed in every legislative district, reflecting broad bipartisan support. Initiative 437 ensures penalty-free possession and use of medical cannabis with a healthcare practitioner’s recommendation, while Initiative 438 establishes the Nebraska Medical Cannabis Commission to oversee licensing and regulation. The marijuana law approved by voters was designed to be self-executing, meaning it could take effect without further legislative action by October 1, 2025. So why the push for change?

The Funding Conundrum: A Regulatory Roadblock

One of the primary reasons lawmakers are considering LB 677 is the lack of state funding for the newly created Nebraska Medical Cannabis Commission. The voter-approved marijuana law established the commission but did not allocate resources to operationalize it. Without state funds, the commission lacks the means to issue public notices, hold meetings, or enforce regulations. State Sen. Ben Hansen, the lead sponsor of LB 677, has warned that without legislative intervention, Nebraska risks a “wild west” scenario where medical cannabis operates without clear oversight. Hansen’s bill proposes a 4-cent state sales tax per $1 purchase of cannabis, with revenues redirected toward property tax relief, aiming to fund the commission’s work. This funding gap, coupled with the Nebraska Constitution’s “single-subject” rule that limited the scope of the ballot measures, has prompted lawmakers to step in to provide the “mortar” for the voter-approved “cinder blocks,” as one official put it.

Legal Challenges and the Shadow of the Courts

The marijuana law voters embraced is not without its detractors. Nebraska Attorney General Mike Hilgers and former state senator John Kuehn have launched legal challenges to nullify the initiatives, alleging fraud in the signature-gathering process. Although a Lancaster County District Court judge rejected these claims in November 2024, finding fewer than 1,000 invalid signatures per petition, the case is now before the Nebraska Supreme Court. Hilgers argues that passing LB 677 could weaken this appeal, complicating efforts to challenge the ballot measures’ validity. This legal uncertainty has fueled debate among lawmakers, with some, like Sen. Jared Storm, advocating for a delay until the courts rule. Storm, who views the current law as a step toward recreational marijuana, has proposed LB 483, which would limit medical cannabis to pills and tinctures, drastically reducing the 5-ounce possession limit to a mere 0.21% of what voters approved. This tension between judicial outcomes and legislative action underscores the complexity of implementing the marijuana law.

Political Divide: Balancing Voter Will with Conservative Caution

Nebraska’s unicameral legislature, dominated by conservative Republicans, faces a delicate balancing act. The marijuana law approved by 71% of voters reflects a clear public mandate, yet some lawmakers remain skeptical. Sen. Rick Holdcroft, chair of the General Affairs Committee, acknowledges the voters’ voice but seeks a “tight” regulatory framework to prevent the law from evolving into recreational use. LB 677, advanced by a 5-3 committee vote on May 1, 2025, includes provisions like limiting cannabis to 2 ounces of flower, banning smoking, and excluding conditions like post-traumatic stress from qualifying for medical use. These restrictions have sparked criticism from advocates like Eggers, who argue they dilute the voter-approved law’s intent. Meanwhile, progressive senators like Danielle Conrad and Terrell McKinney push for expansive regulations that honor the electorate’s will, with McKinney’s LB 705 also addressing social equity by offering resentencing for past marijuana convictions. The need for a two-thirds majority (33 votes) to amend voter-initiated laws adds further complexity, as lawmakers navigate ideological divides.

Public Sentiment and the Fear of a “Wild West”

Public forums held in La Vista, Omaha, and Lincoln in May 2025 revealed frustration among Nebraskans who question why lawmakers are revisiting a law they so decisively approved. Crista Eggers emphasized that the initiatives were crafted with input from patients and advocates to ensure safe, legal access. The Nebraska Medical Association supports LB 677’s protections for healthcare providers, who currently risk license revocation for recommending cannabis. However, opponents like Hilgers and U.S. Sen. Pete Ricketts argue that cannabis is “harmful” and “not safe” even for medical use, urging lawmakers to delay action. Posts on X reflect this divide, with some praising the voter-approved marijuana law as a victory for patients, while others, like user @DelmontPaulJ, warn it could lead to broader use and harm to youth. The fear of an unregulated market drives Hansen’s push for LB 677, which he sees as a chance to model Nebraska’s program after successful systems in other states.

Economic Potential and the Path Forward

The economic case for medical cannabis adds another layer to the debate. A Vicente LLP analysis projects over 56,000 patient registrations by 2028, generating $152 million in sales and $925 million in economic activity by 2030. This potential has swayed some lawmakers, like Hansen, who see LB 677 as a way to harness these benefits while ensuring regulation. However, with the legislative session set to adjourn on June 9, 2025, time is running out. If LB 677 fails, the voter-approved law will take effect without additional guardrails, potentially leading to “regulation by litigation,” as Sen. John Cavanaugh warned. The debate over Nebraska’s marijuana law is a microcosm of broader tensions: voter power versus legislative prerogative, medical need versus conservative caution, and economic opportunity versus legal uncertainty.

Conclusion: A Law at a Crossroads

Nebraska’s voter-approved marijuana law represents a hard-fought victory for patients and advocates, yet its implementation hinges on a legislature grappling with funding, legal challenges, and political divides. LB 677 seeks to bridge gaps left by the ballot measures, but its restrictive amendments risk alienating the very voters who demanded change. As the Nebraska Supreme Court looms and the session clock ticks down, the fate of medical cannabis hangs in the balance. Will lawmakers honor the 71% mandate, or will caution and opposition reshape the marijuana law voters championed? Only time—and 33 votes—will tell.

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Reference:

1.      Ebling, T., Azagba, S., Hall, M., & Jensen, J. (2025). Us state recreational and medical cannabis delivery laws, 2024. American Journal of Public Health, 115(2), 178-190. https://doi.org/10.2105/ajph.2024.307874

Freitag, E., Zolotov, Y., Annam, J., Labins, J., Yamada, J., Jillani, S., … & Slawek, D. (2024). Available but inaccessible: patient experiences during the first 2 years of a primary care-based medical cannabis program at an academic medical center. Harm Reduction Journal, 21(1). https://doi.org/10.1186/s12954-023-00919-2