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Dist. 40 Report
Last week, the Legislature considered a measure to increase property tax relief. LB170 by Sen. Brandt would raise revenue through (1) the removal of sales tax exemptions on 18 luxury goods and services like limousine rentals, (2) increasing the excise tax on cigarettes, and (3) creating new taxes on cigars and vapes.
The purpose of this bill was to raise revenue which would then be allocated to help offset school district property taxes paid.
During debate, however, it soon became apparent there was strong opposition to subjecting many of the discretionary goods and services on the proposed list to sales tax. As such, Sen. Brandt moved to strip out the proposed list and instead limit his bill to just dealing with cigarettes, cigars, and vapes. This effort was not sufficient to garner enough support for LB170. After an 8-hour filibuster, the bill fell three votes short of the 33-vote threshold needed to invoke cloture and advance.
I voted in support of LB170. If this bill had been enacted, there would have been approximately $100 million per year for property tax relief. Despite opposition stating how regressive sales taxes are on the average consumer, those who can afford limousine rentals or lobbying services on a regular basis can absolutely afford to pay the sales taxes.
Senators then debated LB677, which proposed to amend the two ballot initiatives approved by voters last year which legalized medical marijuana.
The two ballot initiatives had each collected nearly 89,000 signatures from more than 5% of voters in 52 counties before being certified to be placed on the ballot.
However, several thousand signatures are being challenged by the Attorney General in a case relating to alleged wrongful and dishonest conduct by several of the ballot initiatives’ notaries that is currently pending appeal to the Nebraska Supreme Court.
In the meantime, both of the initiatives ultimately became law on Dec. 12, 2024 and will require the Nebraska Medical Cannabis Commission to (1) establish criteria to license registered cannabis establishments by July 1, 2025, and (2) begin granting registrations by Oct. 1, 2025 prior to people being allowed to possess five ounces of medical marijuana.
Under LB677 as amended by the committee amendment, patients are required to be examined by a doctor, physician assistant, or nurse practitioner for at least six months to establish a clear bona fide practitioner-patient relationship.
If the patient has one of 15 qualifying conditions (such as cancer, epilepsy, Parkinson’s disease, or terminal illness), the patient could then enroll in a registry created by the Nebraska Medical Cannabis Commission. Once registered, the patient could then go to a dispensary to receive cannabis. The amendment also modified the 5-ounce limit so no more than 2 ounces of that amount can be dried flower or bud.
Smoking would also be prohibited as a permissible form of using medical marijuana, though opponents of the bill, and its committee amendment, argued the availability of dried flower or bud created a substantial loophole for this prohibition.
Sen. Hansen, the introducer of LB677, argued the implementation of medical marijuana could become the “wild west” if the Legislature did not pass his legislation, largely because of the lack of funding dedicated to and guidance given to the Nebraska Medical Cannabis Commission.
He and other supporters of the bill also pointed to the broad support for the ballot measures at the polls and the fact that 38 other states have a medical marijuana program. Ultimately, however, Sen. Hansen was unable to garner sufficient support for his measure, and LB677 failed to obtain cloture by a 23 to 22 vote.
This was a difficult vote for me. I agree people dealing with medical conditions like epilepsy should have the option to try medical marijuana if there is no other medical intervention that has worked for them.
I have heard from and met with parents who want the ability to use marijuana as an alternative for prescription drugs with harsh side effects for their children who are experiencing severe seizures.
However, there is ongoing litigation by the Attorney General against the medical marijuana ballot measures pending an appeal. I believe this litigation needs to be worked out first before additional legislation is considered regarding medical marijuana.
In the meantime, the two ballot initiatives will remain law as passed by the voters, providing access to medical marijuana while litigation plays out in the courts.
If there are bills that interest you, I encourage you to let me know your opinion.
You can call my Capitol office telephone number at (402) 471-2801 or send email to [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.
