lcc.frontdesk@nebraska.gov
The Nebraska Examiner three hours ago published an article stating public comment was being requested. See this link: https://nebraskaexaminer.com/2025/06/26/nebraska-commission-approves-emergency-medical-cannabis-regulations/
In response to the public policy making invitation for expert commentary I shared the following expertise.
Dear commissioners,
The Iowa medical cannabis advisory board for three years now has recommended policy makers follow federal law and bring the Iowa medical cannabis program into compliance with federal law.
Concerningly, Nebraska Attorney General Hilgers has made claims that federal law trumps state laws and has threatened legal action against policy makers for doing their job implementing and following the new law voters approved, a law which legally requires policy makers to take action to safely regulate an emerging lawfully ordained legal medical cannabis industry.
Please bear in mind I will personally sue and intervene in any legal proceedings claiming Nebraska is violating federal law. That is untrue. 21 USC § 822(d) makes Nebraska’s medical cannabis program compliant with federal law. If Attorney General Hilgers again falsely claims current federal law forbids state medical cannabis programs, please advise him that 21 USC § 822(d) states:
d) Waiver
The Attorney General may, by regulation, waive the requirement for registration of certain manufacturers, distributors, ordispensers if he finds it consistent with the public health and safety.
Source: https://www.law.cornell.edu/uscode/text/21/822
If Attorney General Hilgers does not respect federal law statutes that clearly authorize states like Nebraska to apply for federal authorization under the above statute please first advise any lawyer threatening legal action that the Iowa Medical Cannabis Advisory Board has been consistently recommending the solution to the federal law concerns is to apply under the above statute not threaten legal action against state officials trying to do their job and follow state laws.
Iowa recommended the application process in 21 C.F.R. § 1307.03 be utilized to apply for federal exemption to state medical cannabis laws as authorized by 21 USC § 822(d). In 2019, the Iowa Medical Cannabidiol Board included this proposal to apply for federal exemption in its recommendations to the legislature. 2019 Annual Report, at page 7.
In 2020, Iowa enacted the Medical Cannabidiol Act. 2020 Acts ch. 1116 (June 29, 2020). The 2020 act removed the 3% THC cap and replaced it with 4.5 grams of THC per 90 days. The 2020 act directed the department of health to make a request for a federal waiver for the state authorized federal racketeering scheme. 2020 Acts ch. 1116, § 31.
In September 2020, the department informed the board that it would seek a federal exemption pursuant to 21 C.F.R. § 1307.03. Medical Cannabidiol Program Update, September 4, 2020, Iowa Department of Public Health.
In April 2021, when no updates on the progress of the application for federal exemption had been provided to the board, the Iowa department reluctantly requested protection of federal funding threatened by the state federal racketeering scheme, after being sued for dragging its feet. Olsen v. Reynolds, Iowa District Court, Polk County, No. CVCV061635, May 3, 2021.
So, as you can see, when Attorney General Hilgers falsely claims federal law doesn’t have remedies for resolving the state versus federal law dispute on medical cannabis, and legally threatens policy makers with lawsuits without knowing his purported merits of action are deficient given the above evidence of the actual federal statutes and their utilization by actual expert policy makers, that any attempt by Nebraska policy makers to cite federal law as an excuse for not following current Nebraska law, will be met with an actual lawsuit, not mere threats of a lawsuit, and the false legal claims that federal law disallows Nebraska from implementing state law will be so thoroughly obliterated the resulting embarrassment will be international. Tell it to the judge.
The Iowa Medical Cannabidiol Board Meeting Minutes from 2022 November 18 show the outcome, “Additionally, a motion was made to assemble a legal task force to assist the Department in requesting an exemption for IA’s program from necessary Federal agencies, which was approved unanimously.”
In December 2022, the Iowa board included the proposal to apply for federal exemption via 21 USC § 822 (d) via the process found in 21 C.F.R. § 1307.03 in its Annual Report to the legislature for the 2023 session.
In December 2023, the Iowa board included the proposal to apply for federal exemption via 21 USC § 822 (d) via the process found in 21 C.F.R. § 1307.03 in its Annual Report to the legislature for the 2024 session.
In December 2024, the Iowa board included the proposal to apply for federal exemption via 21 USC § 822 (d) via the process found in 21 C.F.R. § 1307.03 in its Annual Report to the legislature for the 2025 session.
Of further note it appears the federal government is about to reschedule marijuana into schedule 3. 27 states will automatically reschedule marijuana into schedule 3 if that happens. Nebraska is not one of them. The New York law firm Vicente LLP provided the following research about state laws and how it will impact Nebraska:
Action by the controlling authority and/or the state legislature in Nebraska is required for rescheduling once the feds reschedule and is not optional. This is the full list of states who are required by law to initiate proceedings for the rescheduling of cannabis if and when the Feds reschedule cannabis:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Hawaii
- Kansas
- Maine
- Mississippi
- Nebraska
- New York
- South Dakota
- Utah
The following states retain discretion and may choose to reschedule or not reschedule once the Feds do according to their state laws:
- Delaware
- Florida
- Georgia
- Minnesota
- New Mexico
- Oklahoma
- Pennsylvania
- Vermont
- Virginia
- West Virginia
So, heads up – any rescheduling by the feds will require Nebraska policy makers to reschedule. If requested I can provide the Nebraska statutes and regulations detailing the processes. I’m sure with your Attorney General advising, this will all be messed up and I will initiate legal proceedings detailing the aforementioned legal disputes. The outcome, likely embarrassing, is best avoided if you don’t let an Attorney General tyrant bully and intimidate lawmakers with vague idle threats he will never make good on as any lawsuit claiming federal law has no mechanism for exempting state medical cannabis programs will be turned around and the result will be every state in the country applying for federal exemption after the courts rule the Attorney General of Nebraska intentionally misled the public and public officials for a personal agenda bastardizing the institutions that keep order and law.
Thank you for your attention to this important matter.
Very truly yours,
Jason Karimi
Executive Director, Iowa Patients for Medical Marijuana
Probationer on supervision out of the tyrannical police state of Nebraska
WeedPress: The Paper Trail 
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