NE Monthly Puff: Supreme Court Upholds Medical Cannabis, Fee Hearing Set
October is a defining month for the Nebraska medical cannabis commission. The state Supreme Court unanimously upheld the voter-approved medical cannabis laws, a public hearing on proposed fee amendments is set for October 15 in Lincoln, and manufacturer license applications remain open through December 14. Dispensary licensing is still waiting on legislative action.
Top Headlines This Month
- Public hearing on proposed fee amendments set for October 15
- Supreme Court unanimously upholds voter-approved medical cannabis laws
- Manufacturer license applications open through December 14
Nebraska: Medical Cannabis Commission to Hold Public Hearing on Proposed Fee Amendments
The Nebraska medical cannabis commission will hold a public hearing on October 15, 2026, from 1 p.m. to 4 p.m. at 301 Centennial Mall South in Lincoln. The hearing will receive comments on proposed amendments to the commission’s regulations, which primarily establish application, registration, renewal, and other fees. Oral comments are limited to three minutes per speaker, though the commission may reduce that to two minutes if participation is high. Written comments can also be submitted by mail or email no later than 11:59 p.m. on October 15 to the commission’s Lincoln mailing address or to mcc.contact@nebraska.gov. The proposed fee amendments are a central piece of the commission’s ongoing rulemaking process. All comments received will be provided to the Commission for consideration as part of the rulemaking process.
Source:
https://mcc.nebraska.gov/about-us/events/2026/public-hearing
Nebraska: Supreme Court Unanimously Upholds Voter-Approved Medical Cannabis Laws
The Nebraska Supreme Court unanimously upheld Nebraska’s two voter-approved medical cannabis laws, rejecting a legal challenge from former state Sen. John Kuehn, Secretary of State Bob Evnen, and Attorney General Mike Hilgers. Chief Justice Jeffrey Funke authored the 7-0, 49-page opinion, ruling that signatures on petition pages notarized by a notary did not lose the presumption of validity based solely on improper notarization of other pages by the same notary, distinguishing the case from a 1919 precedent involving circulators. Evnen and Hilgers had alleged widespread fraud and notarial malfeasance in the 2024 petition process. The campaign had 6,822 more signatures validated than the 172,998 total required across both petitions when Evnen certified the measures in September 2024. Lancaster County District Judge Susan Strong had previously found that about 1,500 signatures lost a presumption of validity, but ruled those challenges fell well short of affecting ballot access. Hilgers’ office secured misdemeanor convictions against a circulator from Grand Island and a notary public from York in connection with the petition effort, though the notary is appealing. The ruling removes the last major legal obstacle to Nebraska’s medical cannabis program moving forward. The voter-created medical cannabis commission has been rewriting its regulations to allow fees for new applications before granting any new licenses, under authority granted during the 2026 legislative session, though that process is still in the early stages.
Nebraska: Manufacturer License Applications Open through December 14
The Nebraska medical cannabis commission is accepting manufacturer license applications through December 14, 2026, at 11:59 p.m. CDT. Applications submitted during this window will remain active but must be updated and resubmitted after new permanent regulations take effect, anticipated in early 2027. Background check requirements changed effective September 1, 2026, now requiring fingerprint-based national criminal history record checks through the Nebraska State Patrol and FBI, replacing the previous Nebraska-only process. The commission will hold a public hearing on proposed regulations on October 15, 2026, and is scheduled to consider the rulemaking package at its October 19 public meeting. Under Nebraska law, the commission may select up to four manufacturers. Cultivator applications are no longer being accepted after a window that ran September 4 through September 23, 2025, and dispensary applications remain pending legislative action. The December 14 deadline gives prospective manufacturers time to submit under current emergency regulations, though all applications will need to be resubmitted once permanent regulations take effect in early 2027. Dispensary licensing has no open timeline, leaving that portion of Nebraska’s program dependent on future legislative action.
Source:
https://mcc.nebraska.gov/how-to-apply
The Bottom Line
The Nebraska medical cannabis commission heads into October with legal certainty from the Supreme Court, an active fee rulemaking process, and an open manufacturer application window. Permanent regulations are anticipated in early 2027, and dispensary licensing remains dependent on future legislative action.
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