NE Governor Signs MedMJ Inits into Law, NY Activists Begin Push for Sentencing Reforms, More... (12/16/24)

A South Carolina legislative champion of medical marijuana is back to try with another bill this coming session, and more. 

Medical marijuana dispensaries should be coming soon to the Cornhusker State after a November victory at the polls. (Creative Commons)

Nebraska Governor Signs Medical Marijuana Initiatives into Law. Gov. Jim Pullen (R) has signed into law a paired set of medical marijuana initiatives approved last month by the voters. With a stroke of his pen, he declared that the initiatives are "in full force and effect as part of the statutes of the State of Nebraska."

Initiatives 437 and 438 would provide protections to medical marijuana patients and providers and set up a system of medical marijuana access, respectively. 

They passed only after years of effort by activists, including two campaigns that were unsuccessful at qualifying for the ballot. 

"There was a brave and courageous group of parents who, years and years ago, saw the help this plant was giving to patients in other states," said Crista Eggers, campaign manager for Nebraskans for Medical Marijuana. "That group began fighting, they began educating and opening other people's minds and hearts to change the lives of their fellow Nebraskans."

Pillen's signature last Thursday came a day after a district court judge denied a request from a Republican former state lawmaker for a temporary injunction to block the governor from signing the initiatives into law. "The public interest does not favor the issuance of the injunction," the judge ruled.

But that case has been appealed, and the state Supreme Court agreed last Wednesday to hear the case. And even Pillen, who signed the initiatives into law, warned that he wanted to "caution the public on the limited nature of these proclamations." Pillen said he still had "serious issues" with the initiatives' legality under federal law. "The federal government has designated marijuana as a Schedule I controlled substance," they said. "Under federal law, it is unlawful to either possess or sell Schedule I controlled substances.

South Carolina State Senator Files Medical Marijuana Bill. Longtime medical marijuana advocate Sen. Tom Davis (R) has pre-filed Senate Bill 53, a medical marijuana bill for the legislative session that begins next month.

Marijuana "can be a therapeutic benefit in many respects, and a lot less intrusive way than opioids or the pharmaceuticals," Davis said.

His bill is highly restrictive, in line with sentiment in his state, he added. 

"It requires doctors in patient authorization, doctor supervision," Davis said of the legalization plan. "It requires pharmacists to dispense it. It is a very conservative bill, because that’s what South Carolinians want."

Davis authored a similar bill last session. It passed the Senate in February, only to languish in the House all spring, never getting a floor vote. 

"I do think this was a worthwhile effort. It certainly isn’t time wasted," Davis said at the time. "We learned a lot today and got some good information."

The new bill would allow people suffering from a specified list of "debilitating medical conditions" to use marijuana with a doctor's recommendation. It would not allow smoking or patients to grow their own medicine. The state Department of Public Health and the Board of Pharmacy would regulate the industry, and a Medical Cannabis Advisory Board would decide whether to add or remove qualifying conditions for the program. 

Sentencing Policy

New York Activists Start New Push for State-Level Sentencing Reforms. Activists rallied Monday in cities across the state to kick off next year's effort to win sentencing reforms in Albany. This will mark the fourth year in a row that they have pushed for a package of three sentencing reform bills. 

The Earned Time Act would allow prisoners to earn good time for good behavior—not just completing educational or vocational programs. The Second Look Act would allow judges to revisit past harsh sentences and consider imposing less harsh ones. And the Eliminate Mandatory Minimums Act would do just what it says, abolishing mandatory minimums as the last vestige of the draconian Rockefeller drug laws. 

Activists have created a broad coalition including unions, business leaders, civil rights groups, and former Department of Corrections and Community Supervision Commissioner Brian Fischer. 

"As someone who has spent my career in corrections, I support the Earned Time and Second Look Act, along with sentencing reforms because they seek to look at each case on an individual basis acknowledging that every person’s situation is unique," Fischer said.

Last year, activists claimed a victory with the passage of the Clean Slate Act, which will clear the criminal records of people with past convictions provided they have stayed out of trouble. But they face tough headwinds in Albany, where they have to reckon with a continued backlash against the state's 2019 bail reform and Republican fearmongering on crime. 

Assembly Member Anna Kelles, sponsor of the Earned Time Act, said the trio of bills serve to improve both prison safety and the safety of the public. "We need to pass this legislative package in 2025 to increase participation in rehabilitative opportunities so that we can reduce violence inside prisons, change lives, preserve families, allow for effective reintegration back into society upon completion of a sentence, and improve public safety for all," she said.