LB474 LB474
2021 2021
LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 474
Introduced by Wishart, 27; Bostar, 29; Cavanaugh, M., 6; Day, 49; DeBoer,
10; Hansen, M., 26; Hunt, 8; McKinney, 11; Morfeld, 46;
Pansing Brooks, 28; Walz, 15.
Read first time January 15, 2021
Committee: Judiciary
1 A BILL FOR AN ACT relating to cannabis; to amend sections 28-439,
2 77-2701.48, 77-2704.09, 77-27,132, and 77-4303, Reissue Revised
3 Statutes of Nebraska, and sections 28-416 and 60-6,211.08, Revised
4 Statutes Cumulative Supplement, 2020; to adopt the Medicinal
5 Cannabis Act; to provide civil and criminal penalties; to create a
6 fund; to change provisions relating to controlled substances, open
7 containers, and taxation; to harmonize provisions; to provide
8 operative dates; to repeal the original sections; and to declare an
9 emergency.
10 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 78 of this act shall be known and may be
2 cited as the Medicinal Cannabis Act.
3 Sec. 2. For purposes of the Medicinal Cannabis Act, the definitions
4 found in sections 3 to 27 of this act apply.
5 Sec. 3. Allowable amount of cannabis means:
6 (1) Two and one-half ounces or less of cannabis in any form other
7 than a cannabis product;
8 (2) Cannabis products containing no more than two thousand
9 milligrams of delta-9-tetrahydrocannabinol; or
10 (3) A specific greater amount authorized by a medical necessity
11 waiver pursuant to subdivision (3) of section 39 of this act.
12 Sec. 4. Bona fide practitioner-patient relationship means:
13 (1) A health care practitioner and patient have a treatment or
14 consulting relationship, during the course of which the health care
15 practitioner has completed an assessment of the patient's medical history
16 and current medical condition, including an appropriate examination; and
17 (2) The health care practitioner has consulted with the patient with
18 respect to the patient's qualifying medical condition.
19 Sec. 5. (1) Cannabis means any species of the cannabis plant, or
20 any mixture or preparation of any species of the cannabis plant,
21 including whole plant extracts and resins.
22 (2) Cannabis does not include (a) any prescription drug approved
23 under section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
24 355, as such section existed on January 1, 2020, or (b) hemp or hemp
25 products as allowed under the Nebraska Hemp Farming Act.
26 Sec. 6. (1) Cannabis accessory means any delivery device or related
27 supplies and educational materials used in the administration of cannabis
28 as allowed under the Medicinal Cannabis Act.
29 (2) Cannabis accessory does not include a bong, pipe, rolling paper,
30 or other paraphernalia that is used to smoke cannabis in violation of
31 section 57 of this act.
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1 Sec. 7. (1) Cannabis product means a product (a) that is infused
2 with cannabis or an extract thereof or that consists of cannabis resin or
3 extract and (b) that is intended for use or consumption by humans.
4 (2) Cannabis product includes, but is not limited to, a concentrate,
5 a topical product, an ointment, an oil, a pill, or a tincture. Cannabis
6 product does not include an edible cannabis product, except for a pill.
7 Sec. 8. Certified patient means a Nebraska resident who:
8 (1)(a) Has been issued a written certification within the past
9 ninety days;
10 (b) Is not prohibited from participating pursuant to section 54 of
11 this act;
12 (c) Has signed a disclosure form if the department has provided a
13 disclosure form on its web site; and
14 (d) In the case of a patient younger than eighteen years of age, has
15 an affidavit which is signed by the patient's parent or legal guardian
16 with responsibility for health care decisions for the patient, which
17 states that the parent or legal guardian grants permission for the
18 patient's medicinal use of cannabis, and which states that the parent or
19 legal guardian agrees to control the use of cannabis by the patient; or
20 (2) Is enrolled in the registry program.
21 Sec. 9. Department means the Cannabis Enforcement Department.
22 Sec. 10. Designated caregiver means:
23 (1) In the case of a person who is not the parent or legal guardian
24 of a patient, a natural person who:
25 (a) Is at least twenty-one years of age;
26 (b) Has been designated by a patient to assist the patient with the
27 medicinal use of cannabis in a sworn and signed affidavit, signed by the
28 patient, that affirms that the person is the only person serving as a
29 caregiver for the patient unless more than one designated caregiver is
30 authorized by the department as provided in section 34 of this act; and
31 (c) Is not prohibited from participating in the registry program
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1 pursuant to section 54 of this act;
2 (2) The parent or legal guardian of a patient if not prohibited from
3 participating in the registry program pursuant to section 54 of this act;
4 or
5 (3) A health care facility as defined in section 71-413 or a home
6 health agency as defined in section 71-417 if the facility or agency has
7 registered with the department and agreed to serve as a designated
8 caregiver.
9 Sec. 11. Dispensary means an entity registered by the department to
10 acquire, possess, or dispense cannabis, cannabis products, and cannabis
11 accessories.
12 Sec. 12. Felony offense means a violation of Nebraska or federal
13 law that is a felony or of another state's law which would be a felony if
14 committed in Nebraska, regardless of the sentence imposed. Felony offense
15 does not include an offense that consists of conduct for which the
16 Medicinal Cannabis Act would likely have prevented a conviction, except
17 that the conduct either occurred prior to the operative date of this
18 section or was prosecuted by an authority other than this state.
19 Sec. 13. Health care practitioner means a person licensed (1) under
20 the Medicine and Surgery Practice Act to practice medicine and surgery or
21 osteopathic medicine and surgery, (2) under the Medicine and Surgery
22 Practice Act to practice as a physician assistant, or (3) under the
23 Advanced Practice Registered Nurse Practice Act to practice as a nurse
24 practitioner.
25 Sec. 14. Laboratory means a person or entity registered by the
26 department to test cannabis for potency and contaminants.
27 Sec. 15. (1) Medicinal use includes the acquisition,
28 administration, delivery, possession, preparation, transfer,
29 transportation, or use of cannabis, cannabis products, or cannabis
30 accessories relating to the administration of cannabis to treat or
31 alleviate a patient's qualifying medical condition or symptoms associated
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1 with the patient's qualifying medical condition.
2 (2) Medicinal use does not include:
3 (a) The cultivation of cannabis unless the cultivation is done by a
4 producer; or
5 (b) The extraction of resin from cannabis by solvent extraction
6 unless the extraction is done by a processor.
7 Sec. 16. Nonresident caregiver means a person who:
8 (1) Is the parent, legal guardian, conservator, or other person with
9 authority to consent to the medical treatment of a patient who has been
10 diagnosed with a qualifying medical condition;
11 (2) Is not a resident of Nebraska or has been a resident of Nebraska
12 for less than forty-five days; and
13 (3) Holds a currently valid registry verification or its equivalent
14 under the laws of another state, district, territory, commonwealth,
15 insular possession of the United States, or country recognized by the
16 United States that allows the person to assist a patient to use cannabis
17 for medicinal purposes in the jurisdiction of issuance.
18 Sec. 17. Nonresident patient means a person who:
19 (1) Has been diagnosed with a qualifying medical condition;
20 (2) Is not a resident of Nebraska or has been a resident of Nebraska
21 for less than forty-five days; and
22 (3) Holds a currently valid registry verification or its equivalent
23 under the laws of another state, district, territory, commonwealth,
24 insular possession of the United States, or country recognized by the
25 United States that allows the person to use cannabis for medicinal
26 purposes in the jurisdiction of issuance.
27 Sec. 18. Participating health care practitioner means a health care
28 practitioner who (1) is treating a certified patient and (2) complies
29 with the requirements of section 37 of this act.
30 Sec. 19. Patient registry number means a unique identification
31 number assigned by the department to a patient enrolled in the registry
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1 program.
2 Sec. 20. Process means to process harvested cannabis materials into
3 cannabis products or concentrated cannabis.
4 Sec. 21. Processor means a person registered by the department to
5 process cannabis in this state.
6 Sec. 22. (1) Produce means to manufacture, plant, cultivate, grow,
7 or harvest cannabis.
8 (2) Produce does not include:
9 (a) The drying of cannabis by a processor if the processor is not
10 otherwise producing cannabis; or
11 (b) The cultivation and growing of an immature cannabis plant by a
12 processor if the processor purchased or otherwise received the plant from
13 a producer.
14 Sec. 23. Producer means a person registered by the department to
15 produce cannabis in this state.
16 Sec. 24. Qualifying medical condition means any illness for which
17 cannabis provides relief as determined by the participating health care
18 practitioner.
19 Sec. 25. Registry program means the voluntary patient registry
20 established under the Medicinal Cannabis Act.
21 Sec. 26. Registry verification means the verification provided by
22 the department that a patient is enrolled in the registry program
23 pursuant to subsection (5) of section 35 of this act.
24 Sec. 27. Written certification means a document that is made in
25 accordance with sections 37 and 39 of this act and that states that a
26 patient has been diagnosed with a qualifying medical condition.
27 Sec. 28. (1) Nothing in the Medicinal Cannabis Act permits any
28 person to engage in or prevents the imposition of any civil, criminal, or
29 other penalties for:
30 (a) Undertaking any task that would constitute negligence or
31 professional malpractice due to the use of cannabis;
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1 (b) Possessing or engaging in the use of cannabis:
2 (i) On a school bus or van;
3 (ii) On the grounds of any preschool or primary or secondary school
4 except as provided in section 29 of this act;
5 (iii) In any jail, adult or juvenile correctional facility, or youth
6 rehabilitation and treatment center; or
7 (iv) On the grounds of any child care facility or home daycare
8 except as provided in section 29 of this act;
9 (c) Inhaling cannabis by means of vaporization:
10 (i) On any form of public transportation;
11 (ii) Where the vapor would be inhaled by a nonpatient minor child;
12 or
13 (iii) In any public place, including any indoor or outdoor area used
14 by or open to the general public or a place of employment as defined in
15 section 71-5724;
16 (d) Inhaling or consuming cannabis or cannabis products in a motor
17 vehicle;
18 (e) Having a container or package of cannabis within the passenger
19 area of a motor vehicle in violation of section 60-6,211.08; or
20 (f) Operating, navigating, or being in actual physical control of
21 any motor vehicle, aircraft, train, or motorboat, or working on
22 transportation property, equipment, or facilities, while under the
23 influence of cannabis.
24 (2) Nothing in the Medicinal Cannabis Act:
25 (a) Requires an employer to permit or accommodate the growing,
26 possession, consumption, use, distribution, display, transfer,
27 transportation, or sale of marijuana, cannabis, or cannabis products;
28 (b) Affects the ability of an employer to restrict the use of
29 marijuana, cannabis, or cannabis products by employees;
30 (c) Requires any employer to accommodate the medicinal use of
31 marijuana, cannabis, or cannabis products; or
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1 (d) Requires the medical assistance program or any employer or
2 insurance carrier pursuant to the Nebraska Workers' Compensation Act to
3 reimburse a person for costs associated with the medicinal use of
4 marijuana, cannabis, or cannabis products.
5 (3) Nothing in the Medicinal Cannabis Act shall be construed to:
6 (a) Prohibit an employer from including in any contract a provision
7 prohibiting the use of marijuana, cannabis, or cannabis products;
8 (b) Permit a cause of action against an employer for wrongful
9 discharge or discrimination;
10 (c) Prohibit a person, an employer, a corporation, or any other
11 entity which occupies, owns, or controls property from prohibiting or
12 otherwise regulating the growing, possession, consumption, use,
13 distribution, display, transfer, transportation, or sale of marijuana,
14 cannabis, or cannabis products on or in that property; or
15 (d) Prohibit an employer from establishing and enforcing a drug-
16 testing policy, drug-free workplace policy, or zero-tolerance drug
17 policy.
18 (4) An employee who is discharged from employment for misconduct
19 relating to (a) the consumption or use of marijuana, cannabis, or
20 cannabis products, (b) working while under the influence of marijuana,
21 cannabis, or cannabis products, or (c) testing positive for a controlled
22 substance shall be disqualified from receiving benefits under the
23 Employment Security Law as provided in section 48-628.10.
24 (5) For purposes of this section, marijuana has the same meaning as
25 in section 28-401.
26 Sec. 29. (1) Any school, health care facility or health care
27 service licensed pursuant to the Health Care Facility Licensure Act,
28 licensed child care facility as defined in section 43-4308, or foster
29 care facility as defined in section 43-1301 may adopt reasonable
30 restrictions on the use of cannabis by students, reside