Sen. John Cavanaugh Challenges Nebraska’s Emergency Marijuana Regulations

4 October 2025

Nebraska Senator Challenges Emergency Medical Cannabis Rules as Too Restrictive

Nebraska State Senator John Cavanaugh (D) has filed a formal complaint against the Nebraska Medical Cannabis Commission, accusing it and Governor Jim Pillen of implementing emergency regulations that defy what voters approved in the state’s medical cannabis law.

Cavanaugh’s complaint, submitted in early October to Executive Board Chair Senator Ben Hansen, argues that the commission’s emergency rules conflict with both the Nebraska Medical Cannabis Regulation Act and the Nebraska Medical Cannabis Patient Protection Act, passed by voters in 2024. The senator contends that the commission overstepped its authority by:

• restricting allowable forms of medical cannabis,
• tightening physician approval requirements, and
• setting strict limits on how much product patients can possess.

The regulations permit only oral, topical, and inhalable liquid cannabis products, excluding commonly used forms such as flower and concentrates. They also restrict recommendations to Nebraska-licensed physicians who undergo state-approved training, contrary to statutory language that allows recommendations from out-of-state doctors. Another rule limits patients to five grams of cannabis every 90 days, which is significantly less than the five ounces allowed by law.

“The Commission is not free to adopt its own definition of cannabis that is more restrictive than the definition contained in statute,” Cavanaugh wrote. He added that under the new restrictions, a patient would not even be able to obtain a single ounce of cannabis within a year.

Cavanaugh also cited procedural failures, including missing the October 1 deadline to issue business licenses after two commission members resigned at Governor Pillen’s request. The senator called the missed deadline and plant cultivation caps “a clear breach of duty” and said the lack of planning does not constitute an emergency.

The complaint requests that the General Affairs Committee hold a public hearing on October 31 to determine whether the emergency regulations should be rescinded or amended. If the complaint is upheld, Nebraska’s rollout of its voter-approved medical cannabis program could face further delays.