RECOMMENDING CANNABIS IN NEBRASKA

 

Nebraska voters approved medical cannabis in 2024, authorizing qualified patients to use and possess cannabis for medical purposes. Implementation is being handled through the Nebraska Medical Cannabis Commission.  Rules and regulations are still being phased in for licensing, the retail dispensary network, and the patient-card system.

 

In Nebraska, a healthcare practitioner may provide a written recommendation for medical cannabis if they are a physician, osteopathic physician, physician assistant, or nurse practitioner licensed under the Uniform Credentialing Act, or licensed in another state and practicing in compliance with that state's credentialing requirements.

Details about Nebraska’s medical cannabis program are still forthcoming and subject to ongoing state rulemaking.

Nebraska law does not establish a fixed list of qualifying medical conditions in the language provided. Instead, a healthcare practitioner may issue a written recommendation when, in the practitioner’s professional judgment, the potential benefits of cannabis outweigh the potential harms for alleviating a patient’s medical condition, symptoms, or side effects of treatment. 

A written recommendation must be a valid, signed, and dated declaration from a healthcare practitioner. The recommendation must state that, in the healthcare practitioner’s professional judgment, the potential benefits of cannabis outweigh the potential harms for the patient.

A written recommendation is valid for two years from the date it is issued, unless the healthcare practitioner specifies a shorter period on the recommendation.

Details about Nebraska’s medical cannabis program are still forthcoming and subject to ongoing state rulemaking.

Details about Nebraska’s medical cannabis program are still forthcoming and subject to ongoing state rulemaking.

Medical professionals have a legal right to recommend cannabis as a treatment in any state, as protected by the Medical Marijuana and Cannabidiol Research Expansion Act (Title III section 301) which became law on December 2, 2022, and the First Amendment (established by a 2004 United States Supreme Court decision to uphold earlier federal court rulings that doctors, and their patients have a fundamental Constitutional right to freely discuss treatment options).

DOWNLOAD MEDICAL PROFESSIONALS, MEDICAL CANNABIS & THE LAW 

 

State-by-state compassionate use programs are not the ultimate goal for medical cannabis patients; they are a means to aid patients in finding safe cannabis products until federal laws change. Americans for Safe Access is working to create a national program that would include prescriptions, standardized products, and a pathway to insurance coverage. Learn more about ASA Campaigns.

 

*UPDATE: FEDERAL CANNABIS LAWS HAVE CHANGED AS OF APRIL 28, 2026: Learn more here.

More resources for medical professionals are available here.

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