Why It Matters
Nebraska’s voter-approved medical cannabis program could gain federal protection from Justice Department interference under a House spending proposal released this week. The state was conspicuously excluded from similar protections in January despite voters legalizing medical marijuana in 2024, creating uncertainty as regulators work to implement the program.
What Happened
The House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies released text of its fiscal year 2027 spending bill Wednesday. The measure includes Nebraska in a longstanding provision that bars the Justice Department from using federal funds to interfere with state medical marijuana laws.
Congress has passed similar language annually since 2014, covering 47 states. When the latest spending bill passed in January, Nebraska was left off the list despite voters approving medical cannabis legalization months earlier. It marked the first time a state had not been added after voters or state leaders acted to establish a medical marijuana program.
The omission left Nebraska in a legal gray area as the Nebraska Medical Cannabis Commission moves forward with licensing and regulatory work. Kansas and Idaho remain the only other states without federal protections, but neither has a state medical cannabis program.
By The Numbers
Nebraska voters overwhelmingly approved medical cannabis legalization in 2024. The federal noninterference provision previously covered 47 states. Under the federalist system, each state must be explicitly named in the spending bill to receive protection from federal enforcement actions.
The proposed bill also includes language in Section 591 aimed at preventing federal funds from being used to reclassify marijuana under the Controlled Substances Act. Last week, Acting Attorney General Todd Blanche downgraded state-licensed medical marijuana and FDA-approved marijuana products from Schedule I to Schedule III.
Schedule I drugs carry a high likelihood of abuse and no accepted medical value under federal classification. Schedule III drugs have moderate to low potential for dependence and include substances such as Tylenol with codeine and ketamine.
Zoom Out
Federal officials are restarting a public hearing process to downgrade marijuana generally from Schedule I to Schedule III. President Donald Trump has endorsed rescheduling, putting him at odds with several Nebraska officials he has backed for reelection.
Nebraska’s all-Republican congressional delegation has not explained how or why the state was excluded from the January spending bill. Senator Pete Ricketts and Representative Mike Flood have opposed federal marijuana rescheduling, as have Governor Jim Pillen and Attorney General Mike Hilgers at the state level.
Ricketts told reporters last week he remains committed to combatting what he called the public health and safety threat marijuana poses. He joined Senator Ted Budd of North Carolina in April to introduce legislation requiring federal health officials to collect data on marijuana-related hospital and emergency room visits covered by Medicaid.
Representative Don Bacon, who is not seeking reelection, said he supports rescheduling to allow further research. Bacon said Schedule I classification restricts scientists and doctors from conducting proper research in a counterproductive manner.
What’s Next
The spending bill must advance through the House Appropriations Committee and pass both chambers of Congress before reaching the president’s desk. Pillen said rescheduling would not alter the work of the Nebraska Medical Cannabis Commission. A spokesperson for Hilgers said the attorney general’s office is reviewing the rescheduling decision.