Nebraska Officials Propose Emergency Medical Cannabis Regulations

The Nebraska Medical Cannabis Commission last week approved emergency
regulations to begin accepting medical cannabis applications as soon as
Gov. Jim Pillen (R) allows the agency to proceed, the Nebraska Examiner
reports. Under the state’s voter-approved medical cannabis law, the
commission must start accepting applications by July 1.

The regulations largely mirror a legislative proposal that failed in the
legislature last month and would remain in effect for 90 days after being
approved by the governor.

Under the medical cannabis law, medical cannabis licensing must begin by
October 1, and the emergency regulations would allow for the licensing of
cultivators, product manufacturers, dispensaries, and transporters, with
individuals or organizations only permitted one type of license.

Under the emergency regulations, only one dispensary would be allowed in
each of the state’s 12 District Court Judicial Districts; no dispensary
could be located within 1,000 feet of any school, daycare, church or
hospital; at least 51% of an applicant’s business or organization must have
resided in Nebraska and be a U.S. citizen for at least the past four years;
and applicants would have to pay to submit two legible sets of fingerprints
to the FBI and the Nebraska State Patrol for a criminal background check.

The regulations do not specify qualifying conditions for medical cannabis
access but require that a physician’s recommendation specifies the product
being recommended, the recommended dosage and potency, the number of doses,
the directions for use, and the name of the patient.

The regulations allow dispensaries to sell oral tablets, capsules, or
tinctures; non-sugarcoated gelatinous cubes, gelatinous rectangular
cuboids, or lozenges in a cube or rectangular cuboid shape; topical
preparations; suppositories; transdermal patches; and liquids or oils for
administration using a nebulizer or inhaler. Flower is not permitted under
the regulations, neither are infused food or drinks, any products
containing artificial or natural flavoring or coloring, or any products
that can be smoked or vaped.