From The Capitol: From Pasture to Policy
The 109th session of the Nebraska Legislature adjourned Sine Die on Monday, June 2. There are many things I can reflect on but this week I want to focus on one particular theme of controversy this year; “the will of the people”, specifically related to ballot initiatives. This session we debated proposed changes to three specific ballot initiatives; paid sick leave, minimum wage, and medical marijuana. As a constitutional Republic, the “will of the people” can and is exercised in four specific ways: 1. We vote for representatives, not only in the Legislature but on a variety of boards such as County Commissioner, school boards, NRD boards, City Councils and much more. We vote for the person we believe will best represent our values and beliefs but most importantly, the person who we believe will uphold the Constitution of both Nebraska and the United States.
2. We can vote to change the State Constitution. State and local laws must honor the core constitutional principles, and the Constitution can only be changed by a vote of the people.
3. We can vote by ballot initiative on statutory changes to the law. Statutory ballot initiatives can be amended by a super-majority vote of the Legislature, generally done as a measure to create regulations necessary to carry out the intent of the law.
4. We can vote by ballot initiative to “veto” a law, otherwise known as a referendum.
I want to specifically discuss the Legislative action regarding the ballot initiatives passed last year regarding medical marijuana. There has been a lot of misinformation put out on this, indicating that the Legislature somehow overturned what the people voted for. Nothing could be further from the truth.
Last November, Nebraskans overwhelmingly passed Initiatives 437 and 438. Initiative 437 allows qualified patients to possess up to five ounces of cannabis for medical use with a written recommendation, and it is self-executing, meaning no legislative action is needed. Initiative 438 expressly addresses the “regulation” of medical marijuana, by establishing the Nebraska Medical Cannabis Commission, which must adopt regulations by July 1, 2025, and begin issuing licenses by Oct. 1, 2025. Despite that clear mandate, the Legislature debated LB677, which aimed to establish detailed regulations created by the Legislature, rather than by the Cannabis Commission, as voted on “by the people.” While I support responsible implementation, I shared concerns that the amendment went too far, potentially creating a backdoor recreational framework.
Among the issues raised were lenient medical recommendation standards, broad immunity for practitioners, unrestricted caregiver distribution, allowance of synthetic THC, diminished local control, and licensing provisions that seemed to favor out-of-state interests. It was hard to reconcile how, in one breath, opponents to amendments of paid sick leave and minimum wage insisted on honoring the voters, and in the next, sought to override their decision on medical cannabis regulation.
In the end, LB677 stalled, and the medical marijuana initiatives will now move forward as originally voted on by “the people” last November. So don’t be fooled by the propaganda, the Legislature did NOT subvert the “will of the people”, they honored it.
After Monday’s adjournment, I spent the rest of the week back in District 43. I attended the Bruning Bank Open House, the Broken Bow Dental Ribbon Cutting Ceremony, and visited Culligan’s newly reconstructed water treatment center. I toured the updated facilities at Broken Bow Public School, held a public meet and greet at Ollie’s Coffee Shop, and stopped by the pie social hosted by the local museum. This week I will be in Burwell at the Spot Cafe on June 12 from 10:30-12:00 so please stop in if you’re in the area. I look forward to future engagements across District 43 and reconnecting with the community.
It’s a privilege to represent District 43. I value your input, so please don't hesitate to contact me, whether it's to share your thoughts on legislation, raise a concern, or simply ask a question. Your feedback helps guide my work at the Capitol and ensures I'm representing your interests effectively. I look forward to hearing from you and continuing these important conversations throughout the interim.
Respectfully, Senator Storer