Nebraska Governor Signs Emergency Regulations Guiding Implementation of Medical Cannabis, Including Ban on Smokeable Products

Rules are required today (July 1) for the Commission to be able to accept or deny applications for registration. The rules, presented to Governor Pillen following the meeting, were signed on Sunday, June 29, after his review.

The regulations define four license types: dispensary, cultivator, product manufacturer, and transporter. Vertical integration is prohibited, meaning no entity can hold more than one license type. All licensees must be majority-owned (51% or more) by U.S. citizens who have resided in Nebraska for at least four years. Criminal background checks and fingerprinting are mandatory for all applicants.

Each license type has specific location restrictions, including a 1,000-foot buffer from schools, daycares, churches, and hospitals. Licenses are valid for two years and cannot be transferred or relocated. Only one dispensary license is allowed per judicial district.

Dispensaries may only sell approved non-smokable cannabis products—such as tinctures, tablets, gels, and patches—to qualified patients or caregivers with a valid written recommendation. Products must be tested, properly labeled, and sold in tamper-evident, child-resistant packaging. Edibles, flavored products, and anything meant for smoking or vaping are prohibited.

Cultivators and manufacturers may only sell to other licensees, not directly to patients. Transporters must follow strict manifest and vehicle security requirements.

All licensees are subject to inspections, recordkeeping rules, and penalties—including fines, license suspension, or revocation—for violations.

Also at the June 26 meeting, the Commission entered into a memorandum of agreement (MOA) with the Governor’s Policy and Research office and the Department of Health and Human Services (DHHS) to assist with legal and administrative processes during the creation of the permanent rules, which are due Oct. 1.  Gov. Pillen said the participation of those agencies will ensure Nebraska’s new cannabis industry is properly regulated as outlined in the ballot initiatives passed by voters and signed by him into law.

The link to the signed emergency regulations can be found by clicking here.