Lawmaker challenges medical cannabis regs he says 'override' Nebraska voter intent
Source: Nebraska Examiner
The Legislature must act to ensure that the will of the voters is observed, says State Sen. John Cavanaugh of Omaha
By: Zach Wendling - October 2, 2025 3:00 pm
LINCOLN A state lawmaker is formally challenging regulations from the Nebraska Medical Cannabis Commission that he says override the clearly expressed will of Nebraska voters.
A Thursday complaint led by State Sen. John Cavanaugh of Omaha, a lawyer, narrows in on a handful of issues Cavanaugh cites in emergency regulations passed by the commission this summer. Commissioners hope to make the regulations final and have scheduled a 1 p.m. public hearing at the Nebraska State Office Building in Lincoln on Oct. 15 to receive feedback.
Among Cavanaughs complaints are that the regulations would:
Restrict the availability of medical cannabis products that could be sold at licensed dispensaries to a narrow list, while the law has no restrictions.
Only allow in-state health care practitioners to recommend medical cannabis, while voters approved allowing any physician to do so.
Prohibit smoking or vaping of medical cannabis, while the law expressly allows any device used for vaporization or inhalation.
All without the benefit of a public hearing or public scrutiny, the commission and the governor have chosen to override the clearly expressed will of Nebraska voters, Cavanaugh wrote to State Sen. Ben Hansen of Blair, chair of the Legislatures Executive Board.
State lawmakers hosted a series of three public forums in eastern Nebraska on medical cannabis, including one in Lincoln on May 5, 2025. From left, State Sens. Rick Holdcroft of Bellevue, Jane Raybould of Lincoln, Tom Brandt of Plymouth, John Cavanaugh of Omaha, George Dungan of Lincoln, Myron Dorn of Adams, Danielle Conrad of Lincoln, Jana Hughes of Seward, Margo Juarez of Omaha and Merv Riepe of Ralston. State Sens. Ben Hansen of Blair, Machaela Cavanaugh of Omaha and Terrell McKinney of Omaha attended earlier forums. (Zach Wendling/Nebraska Examiner)
Read more: https://nebraskaexaminer.com/2025/10/02/lawmaker-challenges-medical-cannabis-regulations-says-they-override-nebraska-voter-intent/
Donate to State Sen. John Cavanaugh of Omaha here: https://secure.actblue.com/donate/du4johncavanaugh
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Our first 5 links for the 2026 mid-term cycle are in (Omaha) the Blue Dot.
Both Cook Political Report and Larry Sabatos Crystal Ball, two of the leading election forecast publications, have upgraded their ratings for Nebraskas 2nd District from toss-up to leans Democratic. Making it a likely candidate for big spending as the GOP attempts to maintain or bolster its small majority, and Democrats try to take back control.
https://www.cookpolitical.com/ratings/house-race-ratings
https://centerforpolitics.org/crystalball/2026-house/
The Cook Political Report wrote: If Democrats dont win Nebraskas 2nd District next year, its almost impossible to see them taking control of the House.
There will be at least 6 Democrats that will be running in the primary next May. The DU is neutral in all races between Democrats. That said, here are the five DU ActBlue links we have so far for the NE-2 primary Blue Dot race.
Democratic Underground for Denise Powell (NE-2) https://secure.actblue.com/donate/du4denisepowell
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Blues Heron
(7,666 posts)Old Crank
(6,279 posts)As tobacco products.
OldBaldy1701E
(9,195 posts)Unfortunately, there are people out there who just refuse to accept that they live in a world with other people in it. And, those people are not little automatons who will just sit in their closet until they have to go out and make someone else richer.
Smoking flower is fine outside. Yes, the smell will travel ,just as being near a porto-potty will have smells that travel. I have yet to see someone create an ordinance that porto-potties be banned from parks, high traffic areas, and the like. Yet, there are folks who are pushing legislation (and in some cases made it law) that would make this so. Here in Minnesota, there was a significant backlash to the de-criminalization. Every single renter immediately banned any smoking and vaping in their structures. Basically, it is banned inside anywhere (even under something like a carport), unless it is in a home that you own. Well, that removes most of the people who need it to survive each day. Yes, there are eatables and concentrates, but they do not have the same effectiveness for some people. So, I am supposed to not take my lawfully administered medication because I do not own my dwelling? That is the nature of cannabis being 'decriminalized' around here. To say it is 'legal' is to not understand just how insidious the powers that be were when it happened.
So, they 'sort of' decriminalized it. Just as they do with anything that the 'status quo' does not like. (Mostly due to erroneous information... anyone see 'Reefer Madness'? They used to show it in schools like it was some kind of expose`.)
I myself don't smoke inside, as this is an apartment building and, outside of building a special chamber in the apartment, there is no way to contain the smell to the level that some here want it contained. (The bathroom vents are connected and the pipe is in a straight line. I live at the bottom. So, any venting that we do is going to be noticed above us.) I used to live in a place that had a garage in it. That made things easy. We managed to secure a garage here at the apartments. Of course, those are detached and are not as capable of being made more hospitable for a human who wanted to step outside to it and smoke a bit. This is not going to be easy for me, but I will just do what I can. I just prefer not to smoke in the apartment. Of course, the fact that the other tenants stink up the entire building with some of their recipes isn't considered a problem, even among those who, for example, are allergic to certain ingredients. It doesn't matter though, trying to get someone to reign in their desire to make dishes that have a strong smell is impossible. Yet, they would all rage at me for letting the smell of cannabis escape my apartment.
I suppose there is a hypocrisy to this. Hell, I know there is. But, after all of this rambling, I do agree with you in that businesses that do not cater to such behavior should not have to deal with the odor. Some should be able to, if they want to. When one is in a situation like I am, they should consider the physics of doing that and what effect it will have on others.
I just wish that some people would understand that this does not mean banning it from being outside in public. Those are the people that I have no patience with. At all.
Old Crank
(6,279 posts)Every red state fights the will of the people when the people pass a referendum the GOP doesn't like.