UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 19 / May 10 - 13, 2021 Proposal to assist Legalization of medical children with cannabis stalls developmental disabilities advanced bill that seeks to supplement existing services for children A with developmental disabili- ties in Nebraska advanced from gen- eral file May 11. LB376, as introduced by Omaha Sen. Machaela Cavanaugh, would require the state Department of Health and Hu- man Services to apply for a waiver to ad- minister a home and communi- Sen. Machaela Cavanaugh ty-based support pilot program for families of children with disabilities. The waiver would supplement existing Sen. Anna Wishart said LB474 was the Legislature’s last chance to put parameters around developmental disability services and: medical cannabis before voters engage in another initiative petition drive next year. • have an annual budget for bill that would approve cer- She said it is time for Nebraska to long-term services and supports tain forms of cannabis for view patients as sick people in need of capped at $12,000 per person; A medical use did not advance assistance, not as criminals. • offer Medicaid eligibility for from general file May 12 after a mo- “This bill will not fail because of a children with disabilities by tion to end debate and force a vote on lack of compromise or thoughtfulness disregarding parental income; the proposal failed. on the part of myself and medical can- • be administered by the state LB474, introduced by Lincoln Sen. nabis advocates,” Wishart said. “If it Division of Developmental Dis- Anna Wishart, would create a frame- fails, it is because of the political pres- abilities of DHHS; and work for legalizing medical cannabis sure from a few who wield their power • allow families to self-direct use in Nebraska. to stamp out the voice of the people.” services. A proposed constitutional amend- To qualify for a medical cannabis Nebraska currently does not have ment to legalize medical cannabis registration card under the bill, a pa- a Medicaid waiver designed for chil- received overwhelming support from tient must receive written certification dren, Cavanaugh said, leaving many Nebraskans, Wishart said, but was that medical cannabis would improve families unable to afford services, blocked by a last-minute legal chal- their condition from a health care treatments and equipment that often lenge from appearing on the 2020 practitioner with whom they have an are not covered by insurance. This general election ballot. (continued page 3) (continued page 2) INSIDE: Sports wagering narrowed, keno parity added to casino regulation • Digital asset bill advanced May 10 - 13, 2021 Proposal to assist children Correction: with developmental On page 11 of Issue 18 of the Unicameral Update, disabilities advanced dates for the Unicameral (continued from front page) gap in coverage has caused the state’s The amendment also would re- Youth Legislature were listed developmental disabilities wait list to quire DHHS to collaborate with pri- incorrectly. The event runs grow to 2,964 individuals, she said, 55 vate nonprofits, if private funding is from June 13-16, 2021, and percent of whom are children. available, to complete an independent the registration deadline is “Fifty-three percent of the indi- evaluation of the program. May 28. viduals on the waiting list receive no La Vista Sen. John Arch, chair- services at this point and rely solely person of the committee, said the Further information on family and friends,” Cavanaugh amended bill would reduce the state’s is available on the said. “[The Health and Human Ser- wait list, which he said has grown at an Legislature’s Unicameral vices Committee] received absolutely “alarming rate” in recent years. Youth Legislature page: heartbreaking calls from families who “Individuals waiting for services … NebraskaLegislature.gov/uyl. were forced to consider moving from could be waiting for anywhere from the state or divorce so that they can two to eight years,” he said. “Some continue to receive care for their fam- individuals have waited for services ily member.” longer than a decade.” A Health and Human Services Sen. Lynne Walz of Fremont said Committee amendment, adopted the bill was innovative and would give 35-0, would reduce the annual per families the ability to plan for services person cap on services to $10,000, for their children — something not limit the number of participants to possible given the length of current 850 and require DHHS to apply for a wait times. three-year Medicaid waiver rather than “If we keep doing things the way establishing a pilot program. The fam- we have been, we’re just going to see ily support program would be set at an that list continue to grow,” Walz said. intermediate care facility institutional Senators advanced LB376 to select level of care. file on a 32-0 vote. n UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 10 - 13, 2021 Legalization of medical cannabis stalls (continued from front page) established, bonafide relationship. Lathrop said. “If we don’t, what we’re was Lincoln Sen. Suzanne Geist. Registered medical cannabis users going to have is an amendment to She said lab-created marijuana with could purchase cannabis through the [state] constitution that is simple, “extraordinarily high” levels of THC regulated in-state dispensaries or home straightforward and won’t permit us is far from the natural plant curated delivery from out-of-state suppliers. the regulation we’d like and that we for thousands of years and touted by Patients would be limited to no more have the opportunity to do today.” proponents of LB474. than two and one-half ounces of can- Sen. Carol Blood of Bellevue “What we’re talking about with nabis — or a greater amount approved also supported the bill. Research has this bill is an unlimited, uncapped by a medical necessity waiver — or can- shown that medical cannabis can THC level,” Geist said. “There’s ac- nabis infused products with no more alleviate the opioid addiction crisis tually no therapeutic use for highly than 2,000 milligrams of THC. among veterans, she said. concentrated levels of THC and this Cannabis infused edible products “An estimated 65 percent of veter- bill allows for [that].” — other than pills — and cannabis used ans suffer from chronic pain and are Sen. Tom Brewer of Gordon op- in vaporizers would not be permitted. twice as likely to die from an acciden- posed LB474 but acknowledged that LB474 would prohibit any regis- tal overdose caused be prescription the right proposal possibly could yield tered user of medical cannabis from [opioids], more so than non-veterans,” good outcomes in the future. driving, operating a boat, train or Blood said. “Our veterans are looking He said he spent two years after aircraft, or undertaking any task that for alternatives. In fact, the VA has retiring from the U.S. Army working would be negligent or constitute mal- made it clear that veterans who use with wounded veterans. Of the 27 practice while under the influence of cannabis are not in danger of losing VA soldiers he worked with, Brewer said, cannabis. They also could not work on benefits — and that’s because it’s safe.” nine had died by suicide. transportation equipment, property Despite his personal objections “Sometimes, leaving reality is the or facilities. to marijuana use, Norfolk Sen. Mike part that really causes you to lose Medical cannabis would not be Flood said he was open to legalizing track of life and its purpose,” he said. covered by Medicaid under the bill medical cannabis. “I worry that the way we would use a and private insurers would not be re- “If we want to avert recreational self-dispensing painkiller could have quired to cover its costs. Any registered marijuana, we’re going to have to negative effects, not positive.” user who sells their medical cannabis think about something very restrictive The bracket motion failed on a would suffer immediate revocation of or we will see it everywhere and it will 16-27 vote. their registration card. be bad,” he said. “I don’t want to see After eight hours of debate, Wis- A pending Judiciary Committee it in every strip mall, I don’t want to hart offered a motion to invoke amendment would limit the chronic see it on every corner ... I really don’t cloture, which would end debate and illnesses that could qualify for medical want any of it, to be honest, but I’m force a vote on the bill and any pend- cannabis use to a specific list, includ- not going to close my eyes to what I ing amendments.