Nebraska belongs to one of the first states that have put decriminalization laws in place to handle its cannabis. Decriminalization in Nebraska has delayed the legalization of cannabis but the efforts towards this direction remain persistent. There are a few initiatives with different agendas that are pushing for cannabis legalization, in particular, for medical purposes.
Unique Geographic Location
One of the factors influencing Nebraska’s open-minded attitude to embrace cannabis legalization is that it is surrounded by different states that either legalized medical and recreational cannabis use (Colorado), legalized medical use (Missouri), legalized limited medical use (Iowa, Kansas and Wyoming) or have the same decriminalized laws for cannabis (South Dakota).
Current Decriminalization Laws
In Nebraska it is illegal to possess cannabis but you don’t go to jail immediately if you are in possession. One ounce is a violation that could lead to a fine of a maximum $300 and a possibly drug education course. Getting caught with the same amount, or less, a second time is punished as a misdemeanor with a maximum fine of $500. If caught a third time with the same amount, or less, it is a misdemeanor that could include seven days in jail and a maximum fine of $500. It is forbidden to plant personal cannabis and cultivate.
With less strict possession laws, open access to cannabis in the illegal market is still prevalent and does not ensure a safe consumption. At the same time, there are no medical cannabis programs established in Nebraska sufficiently supporting the needs of medical patients.
Leaving Decriminalization Behind
Implementing cannabis legalization also means establishing state regulations and stepping out of the “criminal monopoly” that is often associated with decriminalization of cannabis. With this step, a legal framework would be in place for medical patients so they can receive the proper medical cannabis treatment for their serious health conditions, while stable state regulations would effectively control cannabis production, market and businesses.
In May 2019, a bill was passed by the Nebraska Legislature’s Judiciary Committee under the revision and sponsorship of Senator Anna Wishart. This bill is meant to legalize medical marijuana but still needs to go through another round of passing the legislature.
Included in this proposed bill is a system for medical patients “to use, possess and purchase certain amounts of cannabis from licensed dispensaries.” Limitations were given in terms of smoking and growing the plant. The catch-all provision permitted doctors and physicians to provide cannabis to patients no matter what condition they are enduring, was removed. Under this bill, cannabis can only be given to the patient, if they qualify with specific medical conditions. Registering with the state is no longer one of the requirements for medical patients to receive cannabis. However, the amount of cannabis they are allowed to have is more restricted than before. Wishart is convinced their approach to medical legalization with this bill is “moderate” and focuses on people who need it the most but also represents “one of the best public health models in the country.”
Nebraska’s Signature Requirements
Nebraska is the only state requiring a specific number of signatures depending on the amount of registered voters. Precisely “equal to 10 percent of registered voters as of the deadline for filing signatures“ in order to be eligible for the ballot. Due to this aspect, petition sponsors will not find out if they met the required number of signatures until after these are presented to the Secretary of State. The submission deadline was July 2nd, 2020.
Initiatives Efforts to get on the Ballot
Nebraska is already heading towards the direction of leaving decriminalization behind because just a couple weeks ago Marijuana Policy Project (MPP) reported they have collected 182,000 signatures, so far, for Nebraska to get on the November’s ballot for medical cannabis legalization. However, these signatures are still in the process of being validated. According to the polls of MPP, legalizing medical cannabis would bring in revenue, job opportunities and reduce crime.
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