Swapped out: New Nebraska medical cannabis regs advance to final approval, draw public ire

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September 03 2025

Overview

The Nebraska Medical Cannabis Commission unanimously passed stricter regulations on Tuesday, replacing emergency rules set to expire by September’s end.

These changes, pending Governor Jim Pillen’s approval, aim to meet the voter-mandated October 1, 2025, deadline for licensing medical cannabis establishments.

The rules introduce limits on cultivator and manufacturer licenses, stricter testing, security measures, and a health care practitioner directory.

Key Regulatory Changes

• License Limits: Caps cultivator and manufacturer licenses at four each, down from no limit in prior rules, raising concerns about supply chain risks.

• Dispensary Restrictions: Maintains a limit of 12 dispensaries statewide, allocated by judicial district (e.g., one each in Douglas, Lancaster, Sarpy/Cass, and Buffalo/Hall Counties, based on 2020 census data).

• Purchase Limits: Patients or caregivers can buy up to 5 ounces of cannabis every 30 days (about 142 grams), with a 90-day cap of 5 grams of delta-9 THC per dispensary.

• Product Restrictions: Prohibits smoking, vaping, and most edibles; allows flavored oral tablets but bans non-sugarcoated gelatinous cubes.

• Practitioner Requirements: Physicians must complete 10 hours of initial cannabis education and two hours annually, prescribing specific dosages and potency.

Public and Advocate Reactions

Crista Eggers, executive director of Nebraskans for Medical Marijuana, called the vote “outrageous,” arguing the commission ignored the 2024 ballot measures—approved by 71% for legalization and 67% for creating the commission.

Eggers criticized the cultivator cap as “counterintuitive,” risking supply shortages.

Commissioner Bruce Bailey supported more cultivators and vaping, warning of potential black market growth, but Commissioners Monica Oldenburg and Lorelle Mueting cited oversaturation concerns.

Confusion Over Drafts

The commission released a 46-page “Version A” and a 47-page “Version B” of the regulations, causing confusion.

Version B proposed 21 dispensaries and allowed vaping, but Version A, limiting dispensaries to 12, was adopted. Advocates struggled to review the lengthy drafts before the 1 p.m. hearing.

Legal and Funding Challenges

The commission faces a lawsuit arguing state laws conflict with federal cannabis prohibitions, dismissed but under appeal.

Attorney General Mike Hilgers threatens further legal action when licensing begins, possibly by September 30.

With no state budget allocation, the commission will share up to $150,000 with the Nebraska Liquor Control Commission for expenses.

A seed-to-sale tracking system is proposed with Metrc, funded by businesses, not state funds.

Next Steps

Cultivator license applications are open from September 4 to 23, 2025, via email to mcc.contact@nebraska.gov or mailed to the Liquor Control Commission.

The next meeting is scheduled for 1 p.m. on September 30. Eggers urged the commission to honor the voter mandate for patient access, emphasizing, “This doesn’t have to be a knock-down, drag-out process.”