LINCOLN, Neb. (Nov. 6, 2024) Nebraska became the 39th state to legalize medical marijuana, despite ongoing cannabis prohibition, with the easy passage of two ballot measures on Tuesday
Nebraska voters passed Initiative 437 by a 71-29 percent margin, adopting the Nebraska Medical Cannabis Patient Protection Act. The law authorizes qualified patients to use, possess, and acquire up to five ounces of marijuana to alleviate or treat a medical condition or its symptoms. Qualified patients are individuals 18 years or older with a written recommendation from a healthcare practitioner or a patient younger than 18 years of age with a written recommendation from a healthcare practitioner along with written consent from a parent or guardian. The law also authorizes caregivers to assist a qualified patient in possessing the allowable amount and marijuana accessories on behalf of the qualified patient.
Voters also approved Initiative 438 by a 70-33 percent margin. The measure repeals penalties for the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes and establishes the Nebraska Medical Cannabis Commission to regulate the medical marijuana industry in the state.
EFFECT ON FEDERAL PROHIBITION
Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains a complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.
The legalization of medical marijuana removes one layer of laws prohibiting the possession and use of marijuana in the state even though federal prohibition remains in effect. This is significant because FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.
Furthermore, figures indicate it would take 40 percent of the DEA’s yearly budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.
