Nebraska state Sen. John Cavanaugh (D) last week submitted a formal complaint to the state Medical Cannabis Commission over the emergency regulations adopted by the commission and signed into law by Gov. Jim Pillen (R) last month. The complaint contends that the regulations run afoul of what voters approved and that the commission and governor “have chosen to override the clearly expressed will” of the public.
“The Nebraska Medical Cannabis Commission has exceeded its statutory authority in adopting emergency regulations which conflict with both the voters’ intent and the plain language of the Nebraska Medical Cannabis Regulation Act and the Nebraska Medical Cannabis Patient Protection Act, while failing to meet statutory deadlines…” — Cavanaugh in the complaint
In the complaint, Cavanaugh argues that the voter-approved proposal legalized “all forms of cannabis” for medical use and that the regulations offer patients only a narrow selection of products, namely oral tablets, capsules, tinctures, topicals, suppositories, patches, and liquids or oils for use with an inhaler or nebulizer.
“The regulatory authority given to the commission over registered cannabis establishments was never intended to restrict delivery of forms clearly allowed by statute,” Cavanaugh wrote. “The Commission is not free to adopt its own definition of cannabis that is more restrictive than
