Nebraska senator seeks elected Medical Cannabis Commission, backers say appointment system has stalled access

LINCOLN — Senator John Kavanaugh introduced LB 9‑34 to convert Nebraska’s governor‑appointed Medical Cannabis Commission into an elected board representing five districts, saying Monday the change would make commissioners more accountable to voters and help restore access for patients, families and licensed businesses.

"LB 9‑34 does not grant any additional powers to the commission or assign it any more responsibilities," Kavanaugh told the General Affairs Committee. "It simply ensures that the commission, rather than appointment at the sole discretion of the governor, will be elected by the people who entrusted them to regulate medical cannabis establishments in good faith." (Senator John Kavanaugh, sponsor)

Why it matters: Backers said the current appointed commission has adopted rules that restrict access beyond what voters approved with ballot initiatives 4‑37 and 4‑38 in 2024. Proponents — including patients, caregivers and industry representatives — described delays in licensing, restrictions on product forms and what they called an unresponsive commission. Several speakers detailed family medical stories, arguing the commission’s emergency rules have left patients without effective options.

Patient testimony was a central focus. Dominic Gillen, whose family has advocated in the Legislature for more than a decade, told senators the commission’s regulations have added paperwork and limitations not required by statute and are "reaching beyond the Commission's authority." He urged the committee to pass HB 9‑34 so commissioners would be accountable to voters rather than appointed political actors.

Other proponents echoed that view. "When commissioners are elected, they must listen to patients and families, explain their decisions and make sure rules follow the law and patient access," said Krista Knorr, a registered nurse who testified as a patient advocate.

Concerns and committee questions: Senators asked whether other statewide commissions are elected, what residency or qualification requirements candidates would need and whether the change would effectively amend the ballot initiatives that created the commission. Kavanaugh said elected members would face the same administrative procedures and legal constraints as the current commission but would be accountable to the electorate.

Some committee members expressed caution. Senator Stan Klaus said he supports patient access but warned that professional subject‑matter expertise on boards can matter for regulatory quality and asked how the bill would address board composition, funding and potential increased costs for an expanded elected body.

Neutral and industry responses: Neutral witnesses and industry groups registered mixed support. Bill Hawkins of Nebraska Hemp Company said he appreciated efforts to "straighten out what has happened with our medical cannabis program" while warning that elected status alone would not solve every operational problem.

What’s next: The committee heard multiple proponent witnesses and several neutrals, then closed the LB 9‑34 hearing. No committee vote was recorded during the public hearing; the sponsor said he would remain available for questions.

The committee moved on to take up LB 12‑35, a committee bill addressing statutory fixtures for the medical cannabis program.