Nebraska Medical Marijuana Commissioners Would Be Elected By Voters Under New Bill

“The voters deserve to have more input. I think it’s clear the voters want this, and this is giving an opportunity to have a board that is directly accountable to the people and will be more reflective.”

By Zach Wendling, Nebraska Examiner

A legislative bill introduced Friday would make the Nebraska Medical Cannabis Commission an elected office. Another bill would protect physicians who want to recommend the medicine.

Both bills, from State Sen. John Cavanaugh of Omaha, come after a yearlong, continued fight to implement a medical cannabis system that voters approved in the 2024 general election. Voters legalized up to 5 ounces of medical cannabis with a health care practitioner’s recommendation.

Voters also created a regulatory, governor-appointed Medical Cannabis Commission with “exclusive” authority to regulate the drug. Under the law, three members of the Nebraska Liquor Control Commission automatically serve on the Medical Cannabis Commission.

Cavanaugh, a Democratic candidate for Congress in Nebraska’s 2nd Congressional District, said making the commission an elected office would instill direct accountability to voters who have “clearly expressed their desire to have a well-regulated, functioning medical cannabis system.”

That’s a desire Cavanaugh said Gov. Jim Pillen (R) and his appointees have “definitely frustrated.”

“The voters deserve to have more input,” Cavanaugh said. “I think it’s clear the voters want this, and this is giving an opportunity to have a board that is directly accountable to the people and will be more reflective.”

Legislative Bill 934 would require the five commissioners to be elected statewide beginning in 2028 for four-year terms. District lines would follow those of the five-member Public Service Commission. Two commissioners would run again in 2030 so future terms would be staggered.

The commission would continue to operate as-is through January 4, 2029.

Cavanaugh also introduced LB 933 with State Sen. George Dungan of Lincoln. It would protect health care practitioners who recommend medical cannabis to patients from any criminal, civil and disciplinary action solely for recommending the medicine.

The Omaha senator made a similar last-minute attempt to pass protections in May 2025, which procedurally fell flat. A more comprehensive legislative framework for medical cannabis, from State Sen. Ben Hansen of Blair, also failed to advance.

Many Nebraskans have said their in-state physicians have been unwilling to issue recommendations. The commission is writing regulations that would allow legal in-state sales.

Said Cavanaugh: “I’m trying to eliminate the fear of retribution from people like the attorney general who are specifically taking action to have a chilling effect on professional judgment.”

This story was first published by Nebraska Examiner.