November 15, 2024
Nebraska voters have recently approved two new ballot measures to legalize the use of medical cannabis. If certified, this measure would create a new authority to regulate a new medical cannabis program and develop specific limits on the possession and use of the substance.
However, these initiatives must first overcome potential legal challenges to reach certification. The initiatives in question are Ballot Initiative 437 and Ballot Initiative 438. Ballot Initiative 437 is also called the Nebraska Medical Cannabis Patient Protection Act. Ballot Initiative 438 is called the Nebraska Medical Cannabis Regulation Act.
Ballot 437 Act would eliminate penalties for the “use, possession, and acquisition of limited quantities of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner, and for a caregiver to assist a qualified patient in these activities.” Under this initiative, qualified patients would be permitted to “use, possess, and acquire” up to five ounces of cannabis.
The Act describes “qualified patients” as individuals 18 years old with a written recommendation from a health authority. It also included individuals younger than 18 who have acquired written permission from a legal guardian or parent with authority to make health care decisions. Those under eighteen must also have a written recommendation from a healthcare practitioner.
Ballot Initiative 438 would remove penalties for the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes by registered private entities. It also established a Nebraska Medical Cannabis Commission to regulate such activities. This measure also permits registered cannabis establishments to possess, manufacture, distribute, deliver, and dispense cannabis for medical purposes.
However, such conduct must comply with applicable rules and regulations enacted by the Nebraska Medical Cannabis Commissioner to state law. The Commission would possess the exclusive authority to “regulate all phases of the control of the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes by registered cannabis establishments in the state.”
Neither Ballot Initiative 437 nor Ballot Initiative 438 addresses the obligations employers may have regarding medical cannabis users. However, they may have some protections under the Nebraska Employment Practice Act. It remains uncertain whether this assumption will hold.
Ballot Initiative 437 and Ballot Initiative 438 continue to face legal challenges concerning the validity of signatures on the petitions for ballot access. Regardless, employers should stay aware of these initiatives if they take effect. Employment regulations such as these constantly change, so employers should remain vigilant to ensure consistent compliance.
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