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LINCOLN — Nebraskans made their voices heard this November on various ballot measures — medical cannabis, paid sick leave, abortion and school choice — and most of the measures are set to take effect in December.
Six ballot measures were on Nebraska’s Nov. 5 ballot and five got majority support across the state.
The State Canvassing Board will meet Dec. 2 to certify the election results. The canvassing board consists of Gov. Jim Pillen, Secretary of State Bob Evnen, Attorney General Mike Hilgers, State Auditor Mike Foley and State Treasurer Tom Briese.
Within 10 days of certification, or by Dec. 12, Pillen must formally proclaim how many votes were cast to approve and reject each measure.
If there are any issues or changes resulting from recounts, which are planned for Dec. 4, the canvassing board could meet again Dec. 10, which would extend the proclamation deadline for Pillen until Dec. 20.
The day that Pillen issues his proclamation is the day all but one measure takes effect. It’s unlikely to be the same day as certification.
For example, former Gov. Pete Ricketts presided over eight successful ballot measures during his time in office, related to the death penalty, Medicaid expansion, payday lending, gambling, voter ID and minimum wage.
Ricketts signed the proclamations an average of five days after the initial certification meeting — four days in 2016; eight days in 2018 and 2020; and the day after in 2022, according to records from the Nebraska State Historical Society.
Gambling and voter ID went to the Legislature for further legislation. This year’s measures do not require legislative approval.
The measures may still go through the Legislature for tweaks, which would require at least 33 votes in the 49-member body because the measures were approved at the ballot box.
Here is a breakdown of what comes next for the different measures: Initiative Measures 437 and 438, from the Nebraskans for Medical Marijuana campaign, to legalize and regulate medical cannabis, will take effect the same day as Pillen’s proclamations.
Measure 437, the Nebraska Medical Cannabis Patient Protection Act, will immediately allow Nebraskans to legally possess 5 ounces of medical cannabis with the written recommendation of their health care practitioner.
That recommendation, which is not a one-to-one “prescription” under federal law, is valid for two years, or for the period of time the health care practitioner specifies.
Measure 438, the Nebraska Medical Cannabis Regulation Act, will also take effect immediately but has more steps in 2025 with the creation of the Nebraska Medical Cannabis Commission.
The new law authorizes a “registered cannabis establishment” and its employees or agents to possess, manufacture, distribute, deliver or dispense cannabis for medical purposes. It will be up to the commission to set rules and regulations.
The Nebraska Liquor Control Commission will comprise the commission, and the governor can appoint two more members. By July 1, 2025, the commission must establish criteria to accept or deny applications for registered establishments. By Oct. 1, it must begin granting those registrations.
The legalization measure, 437, received 71 percent approval. The regulatory measure, 438, received 67 percent approval.
Initiative Measure 434 will enshrine a ceiling in the Nebraska Constitution for abortion and prohibit most procedures after the first trimester, with exceptions for sexual assault, incest and the life of the mother.
