Nebraska\u2019s unicameral legislature on Wednesday debated a bill to legalize medical marijuana in the state. But following hours of discussion, it failed to advance past a filibuster because the body didn\u2019t have enough votes to overcome it.<\/p>\n
Despite pleas from supporters to vote in favor of at least moving the bill to the next stage of the process to continue debate, the measure is effectively dead this session. Now it seems the best chance to enact reform will be through the ballot next year\u2014a route that pro-legalization advocates pledged they will pursue if the legislature did not act.<\/p>\n
The legislation, sponsored by Sen. Anna Wishart (D), would have allowed patients with certain qualifying conditions to purchase and possess cannabis from a licensed dispensary. It wouldn\u2019t have allowed patients to smoke marijuana, however.<\/p>\n
To advance, the the bill would have first had to overcome a filibuster with a vote for cloture. Supporters needed backing from 33 senators to do that, but only 31 members were on board.<\/p>\n
\nIntroducing her bill in #NELeg<\/a> to legalize medical marijuana, Sen. Anna Wishart says Nebraskans have have the right to medical cannabis, and this bill has “overwhelming support across the state.” pic.twitter.com\/vzFMzPI5He<\/a><\/p>\n
\u2014 NET News (@NETNewsNebraska) May 12, 2021<\/a><\/p>\n<\/blockquote>\n\n
For now this means, Nebraska will remain one of the final states without any legal medical cannabis access.<\/p>\n
Wishart emphasized on the floor that residents in the state back legalizing medical access, evidenced by a successful signature gathering campaign to place medical cannabis legalization on the 2020 ballot that she and advocates ran. And while that initiative was quashed in the state Supreme Court<\/a> following a lawsuit, she said that if lawmakers failed to act, activists would pursue a modified measure for 2022<\/a>, and it will pass \u201coverwhelmingly.\u201d<\/p>\n
\u201cNo amount of money or opposition is going to silence the people of Nebraska on this issue,\u201d Wishart said on the floor. \u201cYou would be hard pressed to find someone who doesn\u2019t know a person who has benefited from having access to cannabis for medical purposes.\u201d<\/p>\n
\nGot my game day face on. It\u2019s time to legalize medical cannabis in Nebraska. You can watch the debate here: https:\/\/t.co\/Zmd0mPZxJT<\/a> pic.twitter.com\/Z9PEtcTf31<\/a><\/p>\n
\u2014 Senator Anna Wishart (@NebraskaAnna) May 12, 2021<\/a><\/p>\n<\/blockquote>\n\n
The senator also talked about the history of the medical use of cannabis and the racist and political origins of federal prohibition.<\/p>\n
In order to get to the governor, the bill would have had to go through another round of debate where additional amendments could be filed and then finally go through a third reading on the floor. Because there was an emergency clause attached to the measure, it would have required a 33 vote supermajority for final approval.<\/p>\n
While the bill originally would have generally allowed patients to access marijuana for any condition that the plant may treat, it was\u00a0revised by the body\u2019s Judiciary Committee<\/a> in March to include a specific list of 17 qualifying conditions, including cancer, Crohn\u2019s disease, epilepsy, glaucoma, HIV\/AIDS, post-traumatic stress disorder and chronic pain.<\/p>\n
Wishart and Sen. Adam Morfeld (D) have been consistent champions of cannabis reform, and while this bill is a fairly limited proposal to legalize medical marijuana, the pair announced in December that they\u2019re also working to put the question of legalization for adult use<\/a>\u00a0before voters in 2022.<\/p>\n
If activists do collect enough signatures to qualify either the medical or recreational cannabis measure, they will still likely face a challenge at the polls, as midterms generally see lower turnout as compared to presidential election years.<\/p>\n
Gov. Pete Ricketts (R) is an adamant opponent of marijuana reform, so it seems likely he would have vetoed any medical cannabis bill that lawmakers sent to his desk. Overriding a gubernatorial veto would\u2019ve required 30 votes, meaning at least some members of his own party would have had to move to reject the governor\u2019s action.<\/p>\n
Under last year\u2019s blocked Nebraska medical cannabis initiative, physicians would have been able to recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then have been allowed to possess, purchase and \u201cdiscreetly\u201d cultivate marijuana for personal use.<\/p>\n
For what it\u2019s worth, Nebraska\u2019s attorney general said in an opinion in 2019 that efforts to legalize medical marijuana in the state\u00a0would be preempted by federal law<\/a>\u00a0and \u201cwould be, therefore, unconstitutional.\u201d<\/p>\n
\nMinnesota Marijuana Legalization Bill Sponsor Expects GOP Support In House Floor Vote This Week<\/a><\/p>\n<\/blockquote>\n\n
Photo courtesy of Philip Steffan<\/a>.<\/em><\/p>\n
The post Nebraska Medical Marijuana Legalization Bill Stalls In Legislature Amid Filibuster<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
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