Nebraska Reverses Access to Botanical Cannabis Under Emergency Regulations

LOS ANGELES- Nebraska Governor Jim Pillen approved emergency rules on June 29, establishing a medical cannabis licensing framework effective immediately for up to 90 days. The regulations respond to Measure 438, approved by voters in November 2024, which permits patients access to up to 5 ounces of medical cannabis with a practitioner’s recommendation.

The emergency rules propel the Medical Cannabis Commission to begin licensing cultivators, manufacturers, dispensaries, and transporters by October 1. However, the regulations notably exclude raw flower products, combustion, vaping, edibles, flavored or colored preparations, and hemp-derived intoxicating cannabinoids . Advocates characterize this as a de facto ban on botanical forms, conflicting with voter intent.

Geographic and ownership limits were imposed: only one dispensary per each of Nebraska’s 12 judicial districts, avoiding proximity to schools, churches, daycares, or hospitals; vertical integration is prohibited. Applicants must be U.S. citizens with at least 51% Nebraska residency for four years, and must pass background checks; licenses are non-transferable and valid for two years.

Testing requirements remain undefined. The emergency regulations permit—but do not mandate—lab testing, as the Commission currently lacks explicit legislative authority to enforce it. Packaging is required to be tamper-evident, dated, child-resistant, and labeled with standard warnings.

These provisions prompt concern among patient advocacy and medical professionals. Crista Eggers of Nebraskans for Medical Marijuana stated regulators “failed on day one” by removing access to whole-plant cannabis. A pharmacist representative, Jim Wilson, urged alignment with prescription monitoring programs to track interactions between cannabis and other medications.

The public comment period remains open through July 15, guiding formal rulemaking ahead of the October deadline. The Commission is expected to finalize regulations over the summer, which will then undergo legal review and gubernatorial approval.