The state of Nebraska is not exactly known for a progressive stance regarding cannabis. As a matter of fact, its medicinal use wasn’t legal until just a few months ago, and its implementation still has a long way to go. However, part of its population will have access to both medical and adult-use cannabis sooner rather than later.

Earlier this week, the Omaha Tribe of Nebraska opted to legalize cannabis in all its forms on its native reservation. The tribal council unanimously adopted a new cannabis regulatory code, named Title 51, as reported by Cannabis Business Times.

“The Omaha Tribe is not waiting on broken systems to deliver,” Omaha Tribal Attorney General John Cartier said in an official statement. “We are asserting our sovereign right to govern, protect our community, and build a sustainable economy that reflects our values. Title 51 is the most comprehensive and forward-looking cannabis code in the region, that is rooted in our traditions and designed for our future.”

Amid the slow and unclear Nebraskan regulations, which still leave much to be desired, the Omaha Tribe took matters into its own hands. The Title 51 Control Code establishes specific and strict requirements for licensing, advertising, testing, enforcement, education and seed-to-sale tracking, according to Marijuana Moment.

Now, not only will medical and adult-use cannabis be available for people over 21, but the tribe will establish a framework for tribal member ownership and business partnerships, and expunge previous cannabis related offenses that would be legal under the new rules.

Thus, more patients will have access to much-needed medicine, and visitors from outside the tribe will also be able to enjoy the plant. Moreover, this tribal community will have an opportunity to thrive in a burgeoning industry that’s still in debt with minorities in general.

How Can Tribes Sell Cannabis Legally?

Thanks to tribal sovereignty, Native nations are treated as self-governing entities within the U.S., allowing them to establish and enforce their own rules on tribal land. This also applies to cannabis, even though it remains federally illegal. As long as tribes stick to rules that avoid the major federal enforcement priorities, they can operate independently.

The foundation for tribal cannabis exemption began with the Cole Memorandum, issued in 2013. The memo told U.S. Attorneys that, unless certain federal priorities were at risk—like preventing sales to minors, drug trafficking, violence, or diversion to other states—they should generally refrain from prosecuting cannabis cases in states with strong regulatory systems.

Then, in 2014, the DOJ released the Wilkinson Memo (officially “Policy Statement Regarding Marijuana Issues in Indian Country”). It extended the Cole guidelines to tribal lands, telling federal prosecutors to apply the same enforcement priorities there and to consult tribes on a government-to-government basis before taking action. That memo emphasized that tribes with solid local regulations would receive the same federal deference as compliant states.

Photo via Wikimedia Commons

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Florida legalization results as well as other states.

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Register to vote today to make your voice heard.

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The deadline for ballot initiatives to submit valid signatures is rapidly approaching, and the advocacy group Nebraska for Medical Marijuana (NMM) is requesting help from supporters to obtain the signatures for their initiative to pass.

NMM campaign manager Crista Eggers recently sent out an email asking for help on June 6. 

“There is no doubt we are farther ahead than in past petition drives, but still have a tremendous push to gather over 30,000 signatures on each petition over the next 27 days to assure we are successful,” Eggers said.

Eggers has spent numerous years advocating for medical cannabis legalization. Her son has suffered from epileptic seizures since he was two years old, and she saw the relief and benefits that medical cannabis offered to him in comparison to pharmaceutical medicines. “There is no doubt Nebraskans want to see this on the ballot, so we need them to step up and help make that happen,” Eggers said. “My personal ask, not as a campaign manager, but as a mother, is that people would react as if their child’s life depends on it and go sign; because for many of us, our child’s life really does depend on it.”

By July 3, NMM’s initiative must be submitted with signatures from 7% of voters. Additionally, the signatures must be collected from voters in at least 38 counties throughout the state (which has a total of 93 counties).  “We made the counties our main focus because they require a great deal of time and resources that cannot wait until the last minute,” Eggers said. “We have the counties, but we have an urgent need to collect bulk signatures.” At least 87,000 signatures would need to be verified by the Nebraska Secretary of State’s Office before being approved to appear on the ballot.

NMM recently shared on social media that one of its volunteers is watching their child suffer from a condition that could be treated with medical cannabis. “There’s a parent sitting in the hospital right now, exhausted and desperate for help for their suffering child who lay in the bed before them,” the post stated. “With nothing left to try, they cling onto the hope that medical cannabis may someday bring relief to this hell they are living. With only 29 days until signature turn in, and thousands of signatures to still be collected, this parent, and patients across this state are begging for help. Be a part of something today, that may change someone’s life tomorrow. #getinvolved #cannabisismedicine”.

This year’s ballot initiative marks the third time that advocates have worked to get medical cannabis legalized. The first was in 2020, which did not make it onto the ballot because the Nebraska Supreme Court ruled that it violated the state’s single-subject rule. Another attempt was made in 2022, but it also didn’t make it onto the ballot because NMM didn’t collect signatures from voters in at least 38 counties.

Medical cannabis isn’t the only hot-button topic aiming for ballot consideration includes an amendment that would eliminate property tax, income tax, sales tax, and inheritance tax, a law that would require employers to provide paid sick leave for workers, and three separate amendments to either permit or ban abortions.

Nebraska is one of few states that haven’t legalized medical cannabis yet, including Idaho, Kansas, Wyoming, North Carolina and South Carolina.

This year’s voting opportunities include four primary cannabis-related ballots. In Idaho, which doesn’t allow any form of cannabis use, a group called Kind Idaho was working to collect signatures for the Idaho Medical Marijuana Initiative. Although it will not appear on this year’s ballot, it would have allowed patients with chronic conditions or who are terminally ill to use cannabis to treat their symptoms. It would also have included protections for those patients so they wouldn’t have to worry about prosecution for cannabis use.

In South Dakota, Measure 29 (or The South Dakota Marijuana Legalization Initiative) is officially on the ballot, which would legalize adult-use cannabis consumption, possession, and distribution. Technically both medical and recreational cannabis were legalized by voters back in 2020 but in 2021 the recreational initiative was found to be unconstitutional. Voters also rejected another attempt to legalize adult-use cannabis in 2022.

Meanwhile, there has been strong support for adult-use cannabis legalization in Florida. According to a recent poll, 66% of Florida voters plan to support the initiative. By party, 76% of Democrats support the initiative, alongside 71% of Independents and 57% of Republicans. The likelihood of legalization is strong, considering that a constitutional amendment requires 60% or more of votes on the ballot in order to pass. “Floridians want and deserve the same right to consume recreational marijuana that more than half the country already enjoys,” said Smart & Safe Florida campaign manager Morgan Hill. “This poll reflects what we at Smart & Safe Florida know to be true: legalizing recreational adult-use marijuana is good for Floridians’ health, safety, and individual freedom.”

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Wiz Khalifa, Gucci Mane, and our own senior editor David Downs are in the mix this 420.

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A recent property tax relief bill in Nebraska is seeking to create new income opportunities for the state, including a variety of sales tax exemptions. This includes adding sales taxes for products like candy and soda, as well as services such as pet care and grooming, but most importantly, adding a 100% tax to CBD and hemp products.

Legislative Bill 388 was recently passed by the Nebraska Legislature’s Revenue Committee on March 21 in a seven to 10 vote. The bill was initially introduced by Sen. Lou Ann Linehan in January, who is also the chair of the Revenue Committee. “Sales tax exemptions will be removed on pop and candy, on pet services, on advertising revenue over $1 billion dollars, increased taxes on games of skill to 20%, and lottery tickets,” Linehan wrote in an outline. “Taxes on cigarettes will increase from 63 cents to one dollar and on vaping by 20%. We are going to tax hemp and CBD at 100%. This will result in new revenue of $182 million dollars.”

Overall, Linehan estimated that this would allow approximately $560 million in property tax credit funds that would be granted to schools, providing $3,000 per student in foundational aid. It would also create $650 million in property tax relief. The outline also describes “essentials” such as electricity, natural gas, or propane, as things that should not be taxed. “We are in a time of great revenue growth,” the outline concluded. “We have the revenues to pay for this now and for the foreseeable future.”

These proposals have created a rift among Nebraskan legislators. Gov. Jim Pillen approved the committee’s work on approving the bill so it can proceed to the floor for debate. “I want to congratulate the members of the Revenue Committee on advancing historic and transformational property tax relief and reform out of committee on a 7-0 vote,” Pillen said in a statement. “Thank you for delivering once in a lifetime transformational property tax relief plan to all Nebraskans.”

Many others, such as Sen. Julie Slama, expressed shock regarding the CBD and hemp tax increase. “I’m 100% opposed to LB-388, which is the largest tax increase in Nebraska history,” Slama said.

John Gage, state director of Americans for Prosperity, criticized the bill. “There’s nothing innovative about raising taxes on Nebraskans. This bill does not solve our property tax problem and will result in a higher tax bill for hardworking families,” Gage said, according to KETV. “This is the kind of big government nonsense you expect in California, not Nebraska. Legislators will be held accountable if they choose to vote for the largest tax increase in state history.”

Platte Institute CEO Jim Vokal called LB-388 a bad tax policy. “In recent years, the legislature has repeatedly succeeded and shown the best path to lowering taxes is to constrain all sources of revenue and spending growth,” said Vokal. “Such constraints need to be imposed upon local governments. We believe that constraining state and local revenue and spending growth is the best path forward rather than raising new sales tax revenues to lower property tax revenues.”

Cannabis is illegal in Nebraska, although sales of hemp-derived cannabinoid products continue to thrive. In January, Legislature Bill 199 was introduced by Sen. Teresa Ibach which, if passed, would ban the sale, possession, and consumption of such products. “While a product could be advertised as delta-8 or delta-10, these products could—and most likely do—contain chemicals, compounds and other impurities that are not listed on the label,” Ibach explained.

Meanwhile, advocates with Nebraskans for Medical Marijuana (NMM) are hard at work collecting signatures to qualify their medical cannabis initiative for the 2024 ballot later this year. The group needs to collect signatures from 7% of voters in the state and 5% of voters in 38 of the state’s 98 counties (with approximately 125,000 raw signatures in total) by July 3.

As of March 15, NMM said on social media that it has collected more than 72,000 signatures from voters in nearly all Nebraska counties (with the exception of Grant, Keya Paha, McPherson, Sheridan, and Wheeler). NMM has attempted to get medical cannabis legalized since 2020. Back then, they only collected 14,212 signatures in three qualified counties, followed by 16,328 signatures in four counties in 2022. 

Recent polling conducted by the Neilan Strategy Group in February revealed that 70% of participants want to see medical cannabis legalization. “Nebraskans are clearly ready to legalize medical marijuana,” the Neilan Strategy Group stated.

NMM held its own poll in 2022 and found that 80% of participants said they approved of medical cannabis legalization. “Nebraskans are obviously ready to legalize medicinal cannabis,” said NMM campaign manager Crista Eggers, who explained how excited advocates are to be making so much progress this year. “We’re very excited about where we’re at. This time, we’re going to get it done or it is not going to happen,” Eggers said.

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A half dozen states could pass legalization laws this year. Get the details here!

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Nebraskans for Medical Marijuana (NMM) recently provided an update on its journey to collect the necessary number of signatures to qualify its two cannabis legalization ballot initiatives for 2024. 

In order to qualify, Nebraska initiatives need enough to cover 7% of voters in the state, as well as 5% of voters from 38 of the 98 total Nebraska counties. NMM stated that it has collected signatures in 16 counties so far, and plans to add four more counties to that list before the end of 2023.

According to NMM, it will need to collect 125,000 raw signatures for both of its petitions and submit them no later than July 3, 2024. This includes the Patient Protection Act (which would protect patients using medical cannabis from prosecution) and the Medical Cannabis Regulation Act (which would implement a commission to manage a state program and develop a regulatory framework).

In preparation for the year to come, the advocacy group recently asked its followers and supporters on social media to send in any lingering signature petitions as soon as possible. “Nebraska medical cannabis warriors – we need every petition in the state back ASAP so that we can get an accurate count going in to 2024,” NMM wrote. “Whether you have 1 signature or 100 signatures, please send them now. This is crucial for us to allocate our resources wisely next year.”

In an email newsletter, NMM campaign manager Crista Eggers wrote a positive statement about what they’ve accomplished so far, and praised volunteers for their hard work so far. “Since relaunching our campaign, I’m inspired and hopeful to see Nebraskans of all ages, regions, and political affiliations coming together to support legalizing medical marijuana,” Eggers wrote. “Door knocking, house calls, and stopping by a few local establishments, combined with the force and drive of two amazing grassroots collectors, was a force to be reckoned with.”

Earlier this month, NMM posted a story on its social media pages sharing the efforts of two individuals who put their best foot forward for the cause. “Two amazing people went into a county today to collect what we needed to qualify it. Night fell and they still needed about 15 more signatures. They were told they could call it a day, but they said no. They talked with every single person. They made house calls. And they just collected that final signature that got them to their goal,” Eggers explained. “This campaign is made up of these types of stories. This campaign is made up of these types of people. This campaign doesn’t quit until the job is done. Bring it 2024…”

The medical cannabis ballot initiative campaign was launched by NMM earlier this year in May. “We have no choice but to keep petitioning our government,”said Eggers. “The Legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this.”

Unfortunately, there are key government legislators contributing to the opposition, including Nebraska Gov. Jim Pillen recently said that medical cannabis “poses demonstrated harms to our children.” “Access to medical marijuana should only happen if it has undergone the FDA-approved process,” Pillen said in September.

Back in 2021, Sen. Pete Ricketts made headlines when he said: “If you legalize marijuana, you’re going to kill your kids.” Eggers, who is mother to a son who has suffered from epileptic seizures since he was two, responded to the statement at the time, explaining that she knows what’s best for her child. “I know what is killing my child, and that is having horrific seizures daily for the last five, six years,” Eggers said.

A medical cannabis ballot initiative was initially proposed in 2020 but it did not make it onto the ballot because of a Supreme court ruling about the state’s single-subject rule. Advocates got right back to work in 2021 with their eyes set on 2022. “We’ve received so much encouragement from individuals all across the state, who support the many patients like our son Colton, who desperately need access to this medicine,” Eggers wrote at the time. “No matter what your political background is, we should all agree that criminalizing a medicine that has the potential to alleviate suffering, is both cruel and inhumane.” Unfortunately, that initiative didn’t meet the requirement either because volunteers didn’t quite meet the 5% voter signature requirement from 38 out of 93 counties.

Sen. Anna Wishart is the NMM co-chair and has been supporting medical cannabis legislative efforts in the past, although many attempts were met with opposition and stalled in the legislature. Most recently in January 2023, she introduced a medical cannabis bill that she called “one of the most conservative medical cannabis bills in the nation,” but it didn’t not receive any additional advancements after April.

In September Eggers said she looks forward to the day when she can tell her son that they finally succeeded in bringing medical cannabis to their home state. “I do know that day will come when I get to tell him and that he will understand that by sharing something that’s very personal and very painful, he helped make a change,” Eggers told the Nebraska Examiner. “Someday there will be a parent that I get to talk to and they won’t have had to fight this battle.”

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Nebraskans for Medical Marijuana (NMM) is continuing to ramp up its medical cannabis ballot campaign for a third, and hopefully last time.

NMM officially launched its campaign on Sept. 13 with two different measures: The Patient Protection Act and The Medical Cannabis Regulation Act. The former would provide protection for both patients as well as caregivers, and the latter would set up a regulated market. In order to qualify for the November 2024 ballot, NMM must collect at least 87,000 signatures per measure by July 3, 2024.

NMM campaign manager, Crista Eggers, who has been involved in previous ballot initiatives for medical cannabis in her state, is remaining hopeful and steadfast in her mission. “I do know that day will come when I get to tell [my son] and that he will understand that by sharing something that’s very personal and very painful, he helped make a change. Someday there will be a parent that I get to talk to and they won’t have had to fight this battle,” Eggers told the Nebraska Examiner. “It will be worth it for that one parent that does not face what so many of us face.”

Eggers is a mother of a nine-year-old son who has suffered from epileptic seizures since he was two years old. Although they had tried a myriad of pharmaceutical medications, medical cannabis became the best option. In 2020, Eggers praised the possibility of the first medical cannabis legalization ballot initiative as a way for parents to help get treatments for their children without being criticized. “Right now to get our son the help he needs, we’re criminals and that’s what this is about, empowering Nebraskans to have this choice and be patients, not criminals,” Eggers said at the time. “We do expect the opposition to do whatever possible to derail this.”

The 2020 Nebraska Medical Marijuana Initiative did not make it on the ballot because the Nebraska Supreme Court ruled that the initiative violated the state’s single-subject rule.

Eggers and other advocates also pushed for legalization again in 2022. “We’ve received so much encouragement from individuals all across the state, who support the many patients like our son Colton, who desperately need access to this medicine,” Eggers said. “No matter what your political background is, we should all agree that criminalizing a medicine that has the potential to alleviate suffering, is both cruel and inhumane.” The 2022 Nebraska Medical Marijuana Initiative also did not make it onto the ballot in 2022 because volunteers did not collect the necessary 5% of voters signatures from a minimum of 28 out of the state’s 93 counties.

In January this year, Eggers explained that she will continue to advocate for legal access to cannabis as medicine. “There is one thing we will not do, and that is give up,” she told the Nebraska Examiner. She also said she’s hopeful that more progress can be made with a new administration and new governor.

Nebraska Gov. Jim Pillen took office in January 2023, and his stance on medical cannabis is similar to that of his predecessor, former Gov. Pete Ricketts. “Access to medical marijuana should only happen if it has undergone the FDA-approved process,” Pillen has previously said.

Sen. Anna Wishart, who co-chairs NMM alongside former Sen. Adam Morfeld, has been a longtime supporter of medical cannabis legalization. Wishart has previously introduced medical cannabis bills on the legislative side, including one bill in 2021 that was two votes short of passing in a judiciary committee.

Also in January 2023, Wishart introduced another medical cannabis bill, Legislative Bill 588, entitled the “Medicinal Cannabis Act,” which Wishart described as “one of the most conservative medical cannabis bills in the nation.” “It is long past time that Nebraskans have access to a far safer alternative medicine,” Wishart added. Although LB-588 was introduced in January, it did not receive any further hearings after April.

In Nebraska, legislators are limited to two consecutive terms, and must wait for four years to run for congress again. Wishart is somewhat nearing the end of her two terms in January 2025, and expressed her desire to fight for medical cannabis while she’s still in office.

Legislative opposition to medical cannabis has been presented with negative, antiquated comments. In 2021, former Gov. Ricketts said: “If you legalize marijuana, you’re going to kill your kids.”

Eggers responded to the comment, explaining that she knows better than Ricketts in terms of what’s best for her son. “I know what is killing my child, and that is having horrific seizures daily for the last five, six years,” Eggers said, noting that cannabis was helping, not harming.

Nebraska is just one of a few states that have not legalized medical cannabis at this point, including Alabama, Idaho, North Carolina, South Carolina, Tennessee, and Wyoming. Even in these regions where cannabis has not yet been embraced, progress is slowly making its way forward. 

For example, although North Carolina has no medical cannabis, let alone recreational cannabis, the North Carolina Eastern Band of Cherokee Indians recently voted on a proposal to approve recreational cannabis sales and regulation on its territory. The Tribal Council must now choose to pass the proposal in order for it to become official.

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Advocates in Nebraska, one of the few remaining states in the U.S. that have not enacted medical cannabis legislation, recently filed paperwork to get a medical cannabis initiative on the ballot in 2024.

According to the Nebraska Examiner, Nebraskans for Medical Marijuana will need more than 200,000 signatures for the initiative to qualify. The group’s spokesperson, Crista Eggers, hopes that the people will override the decisions of her state legislature who have refused to listen to their constituents. “We have no choice but to keep petitioning our government,” said Eggers. “The Legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this.”

Eggers also spoke to the Lincoln Journal Star about their hope for medical cannabis. “We know the people support this,” said Eggers. “We are going to execute and put that into motion to have safe and regulated medical cannabis in Nebraska.”

Eggers’ eight-year-old son has been experiencing epileptic seizures since he was two years old. She and her family tried multiple medications that didn’t improve her son’s condition, but eventually tried medical cannabis with success. She has spent the last seven years advocating and working toward legalization for her son and other families across the state.

According to the group’s website, it takes approximately three weeks for the state to certify the initiative. After that, the group can begin to collect signatures.

Medical cannabis can provide relief to Nebraskans who are suffering. We are among the thousands of families and patients who need access,” the Nebraskans for Medical Marijuana states on its website. “Whether it’s a neighbor or a loved one or a friend, most Nebraskans know someone who struggles with a serious health condition. But medical cannabis isn’t an option in our state—even if a doctor recommends it.”

In 2020, Nebraskans for Medical Marijuana’s ballot initiative was stripped from the ballot by the Nebraska Supreme Court. The court stated that the initiative violated constitutional requirements for a “single subject” rule, which prompted the group to instead create two initiatives that separately addressed a regulatory framework and established protections for caregivers from arrest.

LB-474 was also introduced in the state legislature in 2021 to consider medical cannabis, but was two votes short in order to pass. Nicole Hochstein, a Nebraska mother of a child who suffers from epilepsy, described her feelings as “Devastated. Broken. In pieces because they literally voted my child’s life away.”

A petition drive in August 2022 failed to receive enough signatures for the 2022 ballot. Although the 184,000 signatures the group collected were not enough, and despite funding woes, the group decided to continue working toward 2024.

In December 2021, former Nebraska Gov. Pete Ricketts was featured in an ad paid for by Smart Approaches to Marijuana that solidified his opposition on the topic of medical cannabis. “The only difference between medical marijuana and recreational marijuana is word choice,” the governor said. “Doctors can’t prescribe it and pharmacists can’t provide it because it’s not medicine.”

Earlier that year, he made statements claiming that cannabis “is a dangerous drug that will impact our kids” and “if you legalize marijuana, you’re gonna kill your kids.”

Current Gov. Jim Pillen isn’t a staunch advocate of cannabis, but in February he did confirm support of FDA-approved medicines. “I’m a 100% believer in prescription authority. That’s a place the FDA has done a good job in over the past several years. I’m a proponent of prescription marijuana use if it’s approved through the FDA,” he said.

Medical cannabis laws are still lacking in other states such as Idaho, Indiana, South Carolina, Wisconsin, and Wyoming. In the Americans for Safe Access 2022 State of the States Report, all of these states, including Nebraska, were scored with an “F” across the board for lack of legislation and access for patients.

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