The 2024 general election has one high point for cannabis law reformers.
Nebraska has voted to legalize medical marijuana via two related measures—IM 437 and IM 438. The former essentially legalizes medical marijuana possession, and a health care professional’s ability to prescribe medical marijuana. The latter clears the path for a new state commission to write rules and regulations for a medical program. IM 437 passed with roughly 71% of the vote, and IM 438 passed with 70%.
In 2020, anti-marijuana state officials succeeded in knocking a medical marijuana legalization measure off that year’s ballot on the grounds that it violated a ‘single subject’ rule. A separate measure in 2022 failed to gather enough signatures to appear on the ballot.
Even though this year’s measures passed, proponents aren’t out of the woods yet. This September, Nebraska prohibitionists filed a lawsuit accusing signature gatherers for the campaign of “cheating” and gathering invalid signatures. The argument lacks much evidence, however; the case is currently before a District judge.
Here’s what happens next, if the measures move forward:
UPDATE: As of November 26, the measures have survived legal challenges and been cleared to move forward byNebraska District Court.
Is medical marijuana legal for adults in Nebraska right now?
No. IM 438—aka the Nebraska Medical Cannabis Regulation Act—stipulates the creation of the Nebraska Medical Cannabis Commission, which must begin considering business applications by October 1, 2025.
Don’t forget: Implementation of the program hinges on the district court allowing the measure to move forward.
How much marijuana will Nebraska patients be able to legally possess?
IM 437 legalizes the possession of up to 5 ounces of marijuana.
When can I legally buy marijuana?
The measures do not set a specific date that sales will start.
Can medical patients smoke a joint in public?
Neither measure addresses public consumption. But odds are low that patients will be able to legally consume in public.
Can I grow cannabis at home in Nebraska?
Neither measure addresses homegrow.
Who will regulate legal growers and sellers?
If the measures go into effect, the to-be-created Nebraska Medical Cannabis Commission will establish rules and rules for the program.
What kind of products will be available?
IM 438 gives a green-light to marijuana flower, concentrates, edibles, topicals and ointments.
Any equity or small-business licenses?
Neither measure addresses this question.
Will marijuana be taxed?
Neither measure addresses questions of taxation.
Stay tuned for more from Nebraska’s march toward medical cannabis.
