Nebraska Medical Cannabis Commission pushes back on testing timeline, offers no new estimate

LINCOLN — The Nebraska Medical Cannabis Commission pushed back Tuesday on assumptions that cultivators could wait up to two years for testing guidelines, but commissioners offered no new estimate for when such guidance will come.

In a news release, the commission said it had not established a timeline for when lab testing for harvested marijuana or medical cannabis products will be available. During a discussion in October, interim Commission Chair Lorelle Mueting had said one cultivator assured her that cannabis could be safely stored for up to two years.

The commission said Tuesday that it is “committed to transparency, accuracy and public communication,” but that the commission has never given a timeline for available testing.

“The commission recognizes that uncertainty about testing and product distribution creates planning and financial challenges for licensees. It also recognizes that inaccurate information about the program’s progress or anticipated timelines can have significant consequences,” the news release states. 

The release continued: “For that reason, the commission takes a cautious, deliberate approach to communicating timelines and program milestones, ensuring that information released to the public is accurate and supported by facts.”

Updated regulations?

Commissioners are waiting for Attorney General Mike Hilgers to sign off on the legality of amended rules and regulations the commission approved in October. If approved, Gov. Jim Pillen will have the final say. Both Hilgers and Pillen were reelected to four-year terms last week.

But as for when legally harvested marijuana can be tested, the commission has not said. The commission has licensed its four cultivators, the maximum number allowed under self-imposed regulations.

Should Hilgers and Pillen approve the amendments, the commission could begin collecting application fees. But licensees, too, have worried the proposed fees are too high and could damage the supply chain. The cultivators are also urging the commission to support legislation to protect physicians from legal consequences solely for recommending medical cannabis.

The licensed cultivators in October also collectively urged the commission to amend its regulations to clarify the testing process, outline who could transport samples to labs under what requirements and explain whether out-of-state labs could be used.

The Nebraska Legislature

Under the voter-approved laws in 2024, regulatory power over “registered cannabis establishments” for the possession, manufacture, distribution, delivery and dispensing of medical cannabis is “vested exclusively” in the voter-created commission.

A registered cannabis establishment is defined as a private entity licensed to possess, manufacture, distribute, deliver or dispense cannabis for medical purposes. 

Unless the Legislature changes that definition to include testing, the commission has no authority to grant in-state private facilities legal possession of marijuana. The commission also can’t guarantee legal safety for recommending physicians.

Changing the law would require at least 33 of 49 state senators, because voters approved it.

The two legislative committees that have recently considered medical cannabis bills are General Affairs and Health and Human Services. The chairs of those committees, state Sens. Rick Holdcroft of Bellevue and Brian Hardin of Gering, respectively, will again seek those spots in 2027 after winning reelection last week.

‘Long-term success’

The commission said Tuesday that its responsibility is not to “simply move quickly” but to “establish a regulatory framework that serves patients, supports medical providers and responsible licensees, protects public health and safety and complies with Nebraska law.”

Some of that requires external approval, coordination with other agencies, legislative action or local government decisions, the commission said, which affect regulatory timing. The commission said that means definitive timelines can’t always be provided as early as some would prefer, but commissioners want to “avoid creating expectations that may not be met.”

The Nebraska Examiner has asked the commission whether it is pushing for legislation in the 2027 legislative session, which begins Jan. 6. The Nebraska Department of Health and Human Services, as of Oct. 19, had still not issued any guidance to in-state physicians.

“The commission remains focused on advancing this work in a deliberate and responsible manner,” the commission said, “with the goal of establishing a functional, compliant medical cannabis program for Nebraska patients that provides a clear regulatory framework for licensees, avoids preventable mistakes and makes informed decisions that support long-term success.”

The next commission meeting is set for 1 p.m. Monday at the State Office Building in Lincoln.