This past week, the Legislature gave second-round approval to LB 10, which would return Nebraska to a winner-take-all system for the distribution of electoral votes in presidential elections. Our current system awards a presidential electoral vote to the winner in each of the state’s three congressional districts, while giving two votes to the statewide winner. In addition to Nebraska, only Maine does not deliver all of their electoral votes to the statewide presidential winner.
LB 10, introduced in 2015 by Senator Beau McCoy, has been filibustered at every stage of debate, requiring a cloture motion to cut off debate and allow for a vote on the advancement of the bill. Last year, at the first stage of debate, the cloture motion was successful, but it fell two votes short at the second stage of debate. After being prioritized again in 2016, the cloture motion was successful this year at the second stage of debate. Senator Ernie Chambers is very much opposed to this legislation and promised to halt the session if it was advanced. Consequently, the next couple days proceeded at a very slow pace.
Senators debated LB 643, which would allow medical marijuana in Nebraska, for four hours this past week. After a cloture motion failed, the bill was pulled from the agenda for the year.
Supporters of LB 643 argued that almost half of the states have laws permitting medical marijuana. They pointed out that under the provisions contained in LB 643, Nebraska would have had one of the most tightly regulated medical marijuana programs in the nation. Persons seeking medical cannabis would have needed certification from a health care practitioner and must have been suffering from one of the conditions specified in the bill, such as cancer, seizures, terminal illness, or Parkinson’s disease. Furthermore, patients would have been limited to taking the drug in the form of pills, liquid, or through a vaporizer. Smoking marijuana was not permitted under the bill.
Opponents included Governor Ricketts, Attorney General Peterson, the Department of Health and Human Services, the Nebraska Medical Association, the County Attorneys Association and the Nebraska Sheriff’s Association. Senators opposing the bill reminded their colleagues that marijuana is still classified as a Schedule I substance under the federal Controlled Substances Act. Schedule I substances are considered to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense. Although the current administration has chosen to be lax in enforcement of marijuana laws, senators pointed out that this could change with the next administration. They were also concerned with the use of marijuana by our youth, as studies have confirmed that casual marijuana use causes structural harm in the brain of young users and has long-term impact on their mental health, making them more susceptible to serious mental health conditions. Opposing senators felt that marijuana should go through the research and testing protocols required by the FDA before it should be used as a medicine.
This was a very emotional issue and the rotunda was full of families who have a loved one with severe health issues. They have tried conventional drugs and they haven’t worked. They were pleading for another option.
As I understand, a decision on whether to reclassify the drug may be made in the near future. If it is reclassified, it will allow for more research on marijuana for medicinal purposes. The pharmaceutical grade marijuana extract of purified cannabidiol is already being tested through FDA authorized trials and it is possible that a FDA approved product could be on the market soon. Furthermore, a ballot initiative to reform marijuana laws has been filed with the Secretary of State.