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LB 1

Eliminate an incorrect reference in provisions of the medical cannabis initiative petition language adopted by the voters

109th Legislature (2025-2026)

LB 1 makes a technical correction to Nebraska’s medical cannabis laws, fixing a cross-reference to hemp and republishing corrected definitions to ensure proper enforcement.

Approved by Governor on February 25, 2025
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WeVote Research Nonpartisan
Bill Summary · LB 1

Summary — LB 1 (2025)

Status: Approved by Governor (Feb 25, 2025).
Introduced: Jan 9, 2025. Emergency clause — takes effect immediately upon approval.

Purpose

LB 1 makes a technical correction to definitions contained in two voter‑approved initiative laws (Initiative Law 2024, No. 437 — Nebraska Medical Cannabis Patient Protection Act; and Initiative Law 2024, No. 438 — Nebraska Medical Cannabis Regulation Act). The bill eliminates an incorrect subdivision reference related to the Nebraska Hemp Farming Act and republishes the corrected definition sections. The change is intended as a non‑policy, clarifying fix to the language adopted by voters.

Key provisions / changes

  • Amends Section 2 of:
    • Initiative Law 2024, No. 437 (Patient Protection Act) and
    • Initiative Law 2024, No. 438 (Regulation Act).
  • Corrects the statutory reference to the Nebraska Hemp Farming Act so that “hemp” is excluded from the definition of “cannabis” by reference to Section 2‑503(13) of the Nebraska Hemp Farming Act (instead of a broader or incorrect citation).
  • Re‑states and clarifies several definitions used in the initiative measures, including:
    • Allowable amount of cannabis: up to five ounces (weight of other ingredients in preparations excluded).
    • Cannabis / cannabis products / cannabis accessories (examples provided).
    • Caregiver: eligibility and designation rules (caregiver must be at least 21 for adult patients; includes parent/guardian or designated person for minors; a health care facility or home health agency may be designated).
    • Health care practitioner: physicians, osteopathic physicians, physician assistants, nurse practitioners licensed under the Uniform Credentialing Act (or out‑of‑state practitioners practicing in compliance).
    • Qualified patient: adults (18+) with written recommendation; minors require practitioner recommendation plus guardian permission.
    • Written recommendation validity: two years (unless practitioner specifies a different period).
    • Definitions related to the Medical Cannabis Commission, registered establishments, and registrations under the Regulation Act.
  • Repeals the original Section 2 provisions of the two initiatives and replaces them with the corrected text.
  • Declares an emergency — the act is effective when passed and approved.

Who is affected

  • Qualified medical cannabis patients and their caregivers (clarified caregiver rules and allowable possession amount).
  • Health care practitioners issuing written recommendations.
  • Registered cannabis establishments and the Nebraska Medical Cannabis Commission (definitions used for registration and regulation).
  • Hemp producers and manufacturers (clarifies that hemp as defined in Neb. Rev. Stat. §2‑503(13) and certain CBD/FDA‑approved products are excluded from the definition of “cannabis”).
  • State agencies and courts applying the initiative laws (will use the corrected statutory references).

Legislative timeline (selected)

  • Introduced: Jan 9, 2025
  • Final reading passed (with emergency clause): Feb 21, 2025 (vote 48‑0‑1)
  • Presented to Governor: Feb 21, 2025
  • Approved by Governor: Feb 25, 2025
  • Effective: Upon passage and approval (emergency clause)

Impact / Notes

  • LB 1 is primarily a clarifying, technical amendment to correct a statutory cross‑reference and to republish definition text; it does not change the substantive policy choices voters made in the 2024 initiatives.
  • Immediate effect via emergency clause ensures the corrected references are in place without delay for implementation and enforcement of the medical cannabis statutory framework.

Compiled from official sources — confirm details with the bill’s official record.

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