Nebraska’s medical marijuana regulations are set to expire before commission’s next opportunity to renew them

One year since the Nebraska Medical Cannabis Commission’s first meeting, delays continue to plague the program, including county restrictions for licensed growers who hope to operate.

More immediately, the commission is up against a deadline: on July 15, its temporary regulations governing licensed growers will expire. Without a vote to renew the regulations, the regulations giving growers the authority to proceed will lapse. The commission’s next meeting isn’t until July 20.

Chair Lorelle Meuting said commissioners expect Attorney General Mike Hilgers to have approved permanent regulations and for Gov. Jim Pillen to have signed off on them by July 15. Both Pillen and Hilgers have openly opposed the medical marijuana program. Crista Eggers, executive director of Nebraskans for Medical Marijauana, worries about what consequences growers could face should the regulations lapse.

“I think there could be legal ramifications,” Eggers said. “Litigation could obviously come at that point if these [temporary regulations] expire and [permanent regulations] are not signed into law.”

Commissioners also approved a motion to begin accepting applications for manufacturers and to hire Jarrod Boitnott as legal counsel. The commission is also soliciting applications for a commission director.

Since the commission’s May meeting, only one of the four licensed growers, cultivation company MahaMoto, held and passed an inspection of their property. The others have rescheduled their inspections.

Kent Rogert, representing KRL Med LLC., said the company is just six work hours short of being ready for the inspection. But it had to reschedule the inspection after the Washington County zoning administration banned them from their property, arguing that growing cannabis is not considered agriculture and the project can’t be permitted. As the company appeals the decision, Rogert said it will have to postpone the growing season.

“Their ordinance is broad but we’re trying to do this with honey instead of vinegar,” Rogert said, adding that he believes the grower fits well within the county’s definition of agriculture. “We remain cautiously optimistic that we can get something done, but the days are ticking away pretty fast.”

Washington County’s Zoning Administrator Ryan Sullivan was not immediately available for comment. The county’s sheriff, Mike Robinson, opposed medical marijuana bills in the Nebraska Legislature last year.

“Today’s meeting made one thing clear, the people and patients of Nebraska deserve more than delay, confusion and dysfunction currently happening under [Republican] Attorney General Mike Hilgers,” Jocelyn Brasher, the Democratic candidate for attorney general, said after observing the meeting. “As Attorney General, I will uphold the will of the people and respect NE voters on medical cannabis.”

Hilgers’ office did not respond to a request for comment by press time.

Advocates who hope to be part of the medical marijuana program scolded the commission in public comment, saying continual delays in starting the program have led to patients suffering. Melanie Knight said until the program is ready, patients are forced to turn to opiates for pain medication.

“By not pushing this through and doing what the people of Nebraska have told you to do, you’re actually creating more of an opioid crisis,” Knight said.