Nebraska Has Legalized Medical Weed: Here's What's Next

The 2024 general election brings a high point for cannabis law reformers.

Nebraska voted to legalize medical marijuana through two related measures – IM 437 and IM 438. The former essentially legalizes the possession of medical marijuana and the ability of a healthcare professional to prescribe medical marijuana. The latter paves the way for a new state commission to develop rules and regulations for a medical program. IM 437 voted with around 71% of the vote and IM 438 with 70% of the vote.

In 2020, anti-marijuana state officials managed to remove a measure legalizing medical marijuana from that year's ballot on the grounds that it violated a “single subject” rule. A separate measure in 2022 failed to collect enough signatures to appear on the ballot.

Even though this year's measures have passed, advocates are not out of the woods yet. In September, Nebraska prohibitionists filed a lawsuit accusing signature collectors of “cheating” the campaign and collecting invalid signatures. However, the argument lacks much evidence; The case is currently before a district judge.

Here's what happens next as the action progresses:

Is medical marijuana currently legal for adults in Nebraska?

No. IM 438 – also known as the Nebraska Medical Cannabis Regulation Act – mandates the creation of the Nebraska Medical Cannabis Commission, which must begin reviewing business applications by October 1, 2025.

Do not forget: the implementation of the program depends on the district court allowing the measure to be carried out.

How much marijuana can patients legally possess in Nebraska?

IM 437 legalizes possession of up to 5 ounces of marijuana.

Related

Marijuana Laws in Nebraska

When can I buy marijuana legally?

The measures do not set a specific date for the start of sales.

Can medical patients smoke a joint in public?

None of the measures affect public consumption. However, the likelihood that patients can legally consume in public is slim.

Can I grow cannabis at home in Nebraska?

Neither measure addresses home growing.

Who regulates legal growers and sellers?

When the measures take effect, the newly established Nebraska Medical Cannabis Commission will establish rules and regulations for the program.

Related

Leafly's Guide to Marijuana Legalization

Which products will be available?

IM 438 greenlights marijuana flower, concentrates, edibles, topicals and ointments.

Any equity or small business licenses?

Neither measure addresses this issue.

Is marijuana taxed?

None of the measures address taxation issues.

Stay tuned for more on Nebraska's march toward medical cannabis.