Nebraska Medical Cannabis Protections May Be Restored Under New Federal Spending Bill
Why It Matters
Nebraska’s state-authorized medical cannabis program has been operating in a legal gray area under federal law, with no explicit congressional protection against Department of Justice interference. A newly proposed federal spending bill could close that gap — offering relief to patients, regulators, and the voter-created Nebraska Medical Cannabis Commission as it moves forward with licensing and rulemaking.
The development comes as federal marijuana policy is shifting rapidly, creating both opportunities and legal uncertainty for states that have moved ahead with their own cannabis frameworks.
What Happened
The U.S. House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies released the text of its fiscal year 2027 spending bill this week, which includes a provision that would restore Nebraska’s protection from federal interference with its state medical cannabis laws.
Since 2014, Congress has annually passed a provision barring the DOJ and related agencies from using federal dollars to interfere with state medical marijuana programs. Nebraska voters overwhelmingly approved medical cannabis legalization in 2024, but when the most recent spending bill passed in January, Nebraska was not added to the noninterference list — a first-of-its-kind omission for a state that had taken action on the issue.
The other two states not covered under the list — Kansas and Idaho — do not have active state medical cannabis programs, making Nebraska’s exclusion particularly notable. Nebraska’s all-Republican congressional delegation has not publicly explained why the state was left off the previous bill.
By the Numbers
47 states were covered under Section 531 of the most recent spending act’s noninterference protections before Nebraska’s omission. 2024 was the year Nebraska voters approved medical cannabis legalization at the ballot box. The program has existed federally since 2014, when Congress first added the DOJ spending restriction. The new bill would bring Nebraska back into alignment with the 47 other covered states. The fiscal year 2027 spending bill also contains Section 591, which would prohibit federal dollars from being used to reschedule or reclassify marijuana under the Controlled Substances Act.
Zoom Out
Nebraska’s situation reflects a broader tension between state voter-approved cannabis programs and federal law. Under the country’s federalist system, each state must be explicitly named in federal spending bills to receive DOJ noninterference protections — a process that has generally been routine but became complicated for Nebraska this cycle.
At the federal level, Acting U.S. Attorney General Todd Blanche recently downgraded state-licensed medical marijuana and FDA-approved marijuana products from Schedule I to Schedule III under the Controlled Substances Act. President Trump has called for rescheduling, and federal officials have restarted a public hearing process to reclassify marijuana more broadly. Schedule I drugs — which include heroin and LSD — are defined by the federal government as having a high likelihood of abuse and no accepted medical use, while Schedule III drugs, such as ketamine and certain codeine-based medications, carry moderate to low dependence potential.
Nebraska officials have not uniformly embraced these federal shifts. U.S. Sen. Pete Ricketts and U.S. Rep. Mike Flood have opposed marijuana rescheduling at the federal level. Gov. Jim Pillen and Attorney General Mike Hilgers have taken similar positions at the state level, though Pillen noted rescheduling would not change the Nebraska Medical Cannabis Commission’s work. Hilgers’ office said it was reviewing the rescheduling decision.
U.S. Rep. Don Bacon, who is not seeking reelection, offered a different view, stating in remarks reported by the Nebraska Examiner that he supports rescheduling because Schedule I classification “restricts the ability of scientists and doctors to conduct proper research into marijuana in a way that is counterproductive.” Bacon added his support is contingent on individual state laws not being preempted. For a deeper look at how state-level legal disputes are shaping healthcare and insurance policy, see how a former chief justice is battling State Farm as sitting justices weigh the insurance giant’s fate.
Ricketts, meanwhile, joined U.S. Sen. Ted Budd of North Carolina on April 20 to introduce the Marijuana Impact on Medicaid Act of 2026, a measure that would require the Secretary of Health and Human Services to collect and publicly report data on the cost of marijuana-related hospital and emergency room visits charged to Medicaid. Expanding federal health program oversight is also a theme in the Rx Kids program’s largest expansion yet, which has drawn support from both parties in the legislature.
What’s Next
The spending bill must still advance through the full U.S. House Appropriations Committee before moving to a floor vote in both chambers of Congress. Only after passing the House and Senate can it be sent to President Trump for his signature.
In the meantime, the Nebraska Medical Cannabis Commission continues its work on licensing and regulations. The outcome of the federal spending process will determine whether Nebraska’s medical cannabis program remains in a legal gray area or receives the same DOJ noninterference protections that have shielded other state programs for more than a decade.