Nebraska Cannabis Commission Says Product Testing Timeline Remains Unset

Commission Pushes Back on Testing Assumptions

The Nebraska Medical Cannabis Commission said Tuesday that it has not established a timeline for when lab testing of harvested marijuana or medical cannabis products will be available. The commission pushed back on assumptions that cultivators could wait up to two years for testing guidelines, but offered no new estimate for when such guidance will come.

The two-year figure stemmed from an October discussion, when interim Commission Chair Lorelle Mueting said one cultivator assured her that cannabis could be safely stored for up to two years. In a news release, the commission said it has never given a timeline for available testing.

The commission said it is “committed to transparency, accuracy and public communication,” according to the news release. It added that it takes “a cautious, deliberate approach to communicating timelines and program milestones, ensuring that information released to the public is accurate and supported by facts.”

The release acknowledged that “uncertainty about testing and product distribution creates planning and financial challenges for licensees.” It also noted that inaccurate information about the program’s progress can have significant consequences.

The commission said its responsibility is not to “simply move quickly” but to “establish a regulatory framework that serves patients, supports medical providers and responsible licensees, protects public health and safety and complies with Nebraska law.”

Regulatory Hurdles and Approvals

Commissioners approved an amended set of rules and regulations in September and scheduled a hearing in mid-October. If the regulations are approved without major changes, they would go to Attorney General Mike Hilgers (R) to sign off on legality before going to Gov. Jim Pillen (R), who has the final say.

Both Hilgers and Pillen were reelected to four-year terms last week.

The commission has licensed its four cultivators, the maximum number allowed under self-imposed regulations. Should Hilgers and Pillen approve the amendments, the commission could begin collecting application fees.

Under the voter-approved laws in 2024, regulatory power over registered cannabis establishments is “vested exclusively” in the commission. Unless the Legislature changes the definition of a registered cannabis establishment to include testing, the commission has no authority to grant in-state private facilities legal possession of marijuana.

Changing the law would require at least 33 of 49 state senators, because voters approved it. The commission said some of its work requires external approval, coordination with other agencies, legislative action or local government decisions, which affect regulatory timing.

The commission said definitive timelines can’t always be provided as early as some would prefer, but commissioners want to “avoid creating expectations that may not be met.”

Next Steps for the Program

The Nebraska Examiner asked the commission whether it is pushing for legislation in the 2027 legislative session, which begins January 6. A commission spokesperson said Tuesday that the commission “continues to evaluate the statutory and regulatory steps necessary to fully implement Nebraska’s medical cannabis program.”

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