Nebraska Attorney General Opposes Reclassification of Marijuana

On Monday, July 22, 2024, Nebraska Attorney General Mike Hilgers led a coalition of eleven States in submitting a public comment letter opposing the Biden Administration’s proposal to reschedule marijuana from Schedule I to Schedule III on the federal Controlled Substances Act.Monday was the last day for public comment on the proposed regulation change. The comment letter was submitted in response to the Department of Justice’s Notice of Proposed Rule Making (NPRM) regarding the proposed change. Moving marijuana to Schedule III would be a significant step toward fully legalizing marijuana at the federal level and represents, in practical effect, a significant tax break for marijuana retailers. Nebraska’s 40-page comment letter outlines several reasons why the rescheduling of marijuana is both unlawful and ill-advised. “There is a myth that marijuana is relatively safe and that expanding legal access to it would not significantly harm the public health. Our comment letter explains why nothing could be further from the truth,” Hilgers said. “The Biden Administration’s effort ignores the science, ignores our decades-old treaty obligations, and ignores the law, all while acting to give marijuana companies a tax break.Nebraska law makes marijuana illegal in all circumstances. Nebraska has long recognized and strived to protect its citizens from the negative consequences of marijuana. Marijuana is addictive and has many harmful health effects. It is particularly harmful to child and adolescent development and has links to both mental health conditions like psychosis and schizophrenia as well as physical ailments such as heart disease and several forms of cancer.” According to the Biden administration, the motivation for making the change is that rescheduling marijuana will help with research about the drug and its use as a medicine.This comes as two petitions for the legalization of medical marijuana have been handed in to the Nebraska Secretary of State for review. Currently, the possession of marijuana is illegal in Nebraska, even for medicinal uses.

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