{"id":33352,"date":"2023-02-10T15:57:17","date_gmt":"2023-02-10T21:57:17","guid":{"rendered":"http:\/\/update.legislature.ne.gov\/?p=33352"},"modified":"2023-02-10T15:57:17","modified_gmt":"2023-02-10T21:57:17","slug":"medical-cannabis-legalization-proposed","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=33352","title":{"rendered":"Medical cannabis legalization proposed"},"content":{"rendered":"

A bill that would legalize certain forms of cannabis for medical use was considered by the Judiciary Committee Feb. 9.<\/p>\n

\"Sen.
Sen. Anna Wishart<\/figcaption><\/figure>\n

LB588, introduced by Lincoln Sen. Anna Wishart, would create a framework for legalizing medical cannabis in Nebraska. To qualify for the medical cannabis registry program under the bill, a patient with a qualifying medical condition must receive written consent from a health care practitioner indicating that cannabis would improve their condition.<\/p>\n

In 2020 and 2022, Wishart led two initiative petition drives \u2014 that combined obtained nearly 400,000 signatures \u2014 that would have put medical cannabis on the November ballot for each corresponding year. Both initiatives failed after facing legal and financial challenges.<\/p>\n

Wishart said that despite those challenges, it is clear that medical cannabis is an issue that matters to Nebraskans. Research shows that cannabis is effective for the treatment of several chronic illnesses, she said, including epilepsy, post-traumatic stress disorder and traumatic brain injuries. In addition, she said, LB588 would be one of the most conservative medical cannabis laws in the country.<\/p>\n

\u201cCompared to many prescription drugs, including opioid pain medications \u2014 which is one of the leading causes of death in the United States \u2014 medical cannabis is far safer and far less addictive,\u201d Wishart said. \u201cNo family should have to flee [the state] to get access to medical cannabis for themselves or a loved one.\u201d<\/p>\n

Under the bill, a cannabis dispensary would be required to hire a pharmacist to advise and educate patients about dosage and usage in person or by telemedicine. Registered medical cannabis users would be allowed up to 2.5 ounces of cannabis \u2014 unless otherwise directed by a health care provider \u2014 or cannabis infused products with no more than 2,000 milligrams of THC.<\/p>\n

Vaporization and smoking of medical cannabis would not be allowed under the bill. Edibles \u2014 other than a pill \u2014 also would not be allowed. The bill would prohibit an individual from using cannabis while operating a motor vehicle, aircraft, train or motorboat, or working on a transportation property, equipment or facility while under the influence of cannabis.<\/p>\n

Finally, LB588 would create the Medical Cannabis Board and a Cannabis Enforcement Department to oversee the bill\u2019s implementation.<\/p>\n

Amanda McKinney, a physician and educator who specializes in medical cannabis, spoke in favor of LB588. Medical cannabis is safe, she said, especially in comparison to modern Western medicine.<\/p>\n

\u201cThere have never been any reported overdose deaths from cannabis use, while there are over 10,000 deaths annually from 17 FDA-approved drugs that are often used when cannabis could be used instead,\u201d McKinney said.<\/p>\n

Amy Marasco, representing Americans for Safe Access, also spoke in support.<\/p>\n

Currently, there are over 6 million legal medical cannabis patients across the country, she said, but Nebraska is one of only two states that does not provide any access to medical cannabis.<\/p>\n

\u201cThese patients are not nameless, faceless people \u2014 they are our parents, grandparents, children, colleagues and our revered veterans,\u201d Marasco said. \u201cThey deserve the same access to medical cannabis options as patients have in the states that surround Nebraska.\u201d<\/p>\n

Heather Bernard, executive director of Epilepsy Foundation Nebraska, testified in support of the proposal. There are roughly 19,600 people with epilepsy and seizure disorder in Nebraska, she said, and it is the 4th most common neurological disorder in the U.S.<\/p>\n

Currently, use of medical cannabis is legal under state law in a majority of states, Bernard said, and a number of people living with epilepsy in those states report beneficial effects, including a decrease in seizure activity, when using cannabis.<\/p>\n

Testifying in opposition to the bill was Nebraska Attorney General Mike Hilgers. When state law conflicts with federal law, the state law is voided under the Supremacy Clause of the U.S. Constitution, he said. Congress has classified marijuana as a Schedule I drug, Hilgers said, meaning it cannot be sold or used for any purpose \u2014 therefore, the sale and distribution of marijuana, even for medicinal purposes, is unconstitutional.<\/p>\n

Col. John Bolduc, superintendent of the Nebraska State Patrol, also spoke in opposition to LB588. He said a recent study found that three-fourths of legally produced marijuana was diverted to the black market, and that legalizing medical marijuana in Nebraska would burden the state patrol\u2019s crime lab.<\/p>\n

\u201cBecause of the demand and potential profit, decriminalizing the possession and distribution of medical marijuana contributes to the dangerous problem the black market poses to public safety,\u201d Bolduc said.<\/p>\n

Roger Donovick, chief medical officer with the state Department of Health and Human Services, testified against the proposal. Legalizing marijuana for any purpose, including medicinal use, poses risks to the health and safety of Nebraska residents, he said.<\/p>\n

\u201cSubstances in Schedule I are listed as highly addictive and have no currently accepted medical uses,\u201d Donovick said.<\/p>\n

John Massey testified in a neutral capacity on behalf of the Nebraska Medical Association. In past years, the NMA was in opposition to similar legislation, he said, but LB588 addresses earlier concerns by including a list of qualifying medical conditions.<\/p>\n

Massey added that although medical cannabis may be effective in a narrow set of circumstances and for certain diseases, more research is needed on its therapeutic effects.<\/p>\n

The committee took no immediate action on the proposal.<\/p>\n","protected":false},"excerpt":{"rendered":"

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