Nebraska Lawmakers Advance Governor’s Medical Cannabis Commission Appointees Who Opposed Legalization
From toxifillers.com with love
“I don’t think an arsonist should be in charge of the fire department.”
By Zach Wendling, Nebraska Examiner
A legislative committee on Thursday advanced the governor’s two appointees to the Nebraska Medical Cannabis Commission, but just one secured the committee’s support before heading to the full Legislature.
The roughly three-hour confirmation hearing and 15-minute executive session to consider and vote on the appointments came just 48 hours after the defeat of Legislative Bill 677 to provide additional guardrails to the commission. That bill sought to aid implementation of the voter-approved laws and delay a July 1 deadline for rules and regulations to be in place.
Gov. Jim Pillen (R), who opposed the ballot measures legalizing and regulating medical cannabis, appointed Dr. Monica Oldenburg of Lincoln, an anesthesiologist, and Lorelle Mueting of Gretna, prevention director at Heartland Family Service in Omaha, to the commission.
The General Affairs Committee voted 5-2, with one member “present, not voting,” to recommend Oldenburg but tied 4-4 on favorably advancing Mueting.
Under legislative rules, all gubernatorial appointments reach the full Legislature anyway. Committees can recommend to approve or reject an appointment, or lawmakers can make no recommendation, which happens in the event of a tie.
Either appointee would need 25 votes to be confirmed to a six-year term. They would join the members of the Liquor Control Commission, whom voters also placed on the Medical Cannabis Commission: Bruce Bailey of Lincoln, Harry Hoch Jr. of Omaha and Kim Lowe of Kearney. Liquor commissioners, too, are appointees of the governor. Hoch’s term ends Saturday.
Appointee backgrounds
Mueting said her role as a prevention specialist for 24 years has been to prevent people from having problems with alcohol and other substances. She said she has looked at medical cannabis from a “360-degree view,” and as a self-described “solutions-focused” person, she said she views the Nebraska medical laws as helping patients with “debilitating” health conditions.
“Helping to guide the rulemaking process around the needs of the people it’s intended to serve is my goal,” Mueting said. “There’s nothing about that goal that says we need to sacrifice public health and safety to attain it.”
Mueting has a psychology and health promotion management degree from Hastings College and has a master’s degree in kinesiology from Kansas State University.
Oldenburg said she is “not a prohibitionist” of cannabis but is “pro-research.” She said cannabis has “a place in pain management” for certain ailments that cause suffering.
“Nebraska needs to seize the opportunity to be slow and deliberate in the manner in which we determine how best to designate appropriate conditions for medical cannabis and regulate those entities that will dispense medical cannabis in our state,” Oldenburg said. “I look forward to working with various parties to ensure that we in the State of Nebraska get this right.”
Oldenburg graduated from the University of Dallas with a degree in biochemistry and chemistry before getting her medical degree from Creighton University. She has been an anesthesiologist for 18 years, first in Colorado and returning to Nebraska in 2017 with her family.
Part of the move, she said, was because of how the “evolution” of medicinal to recreational marijuana went in Colorado. She said there weren’t many medical regulations at the start.
Pillen has described the women as “experienced, well-qualified individuals” who would ensure strong regulations “to the letter of the law the people of Nebraska enacted.” He and other LB 677 opponents, such as State Sen. Jared Storm of David City, say the commission can meet its July 1 deadline.
Oldenburg declined to talk with the Nebraska Examiner prior to the Thursday hearing. Mueting did not respond to repeated requests for comment before or after the hearing.
Committee member ties
Of the appointees, Oldenburg said she was encouraged to apply by Storm, a member of the General Affairs Committee, who called and asked if she had considered the position.
Mueting listed Storm as a personal reference on her application to the governor. Under legislative questioning, Mueting at first said she didn’t know “exactly how the governor got my name” before clarifying she applied. She said she didn’t know appointments would go before the General Affairs Committee, just that full legislative approval was needed in the end.
During the closed-door executive session, which is open to reporters, Storm defended the appointees and said they showed up for a hostile and intimidating environment.
State Sen. Victor Rountree of Bellevue spoke for the first time to criticize what he viewed as a conflict of interest. Storm said the application process was public and flipped the question on Rountree and other committee members for not reaching out to possible applicants, too.
In addition to Mueting and Oldenburg, Pillen interviewed Erin Bone, a prevention specialist in North Platte. The governor did not interview a fourth applicant: Ogallala City Manager Kevin Wilkins, according to records shared with the Examiner.
Mueting and Oldenburg are registered Republicans. Bone is a registered Democrat. Wilkins is a registered nonpartisan.
During Tuesday’s debate on LB 677, Storm acknowledged he had talked with Mueting but said he hadn’t talked about the bill with Mueting.
Mueting, when she testified against LB 677 in March, answered questions from Storm about what she’d like to see from medical cannabis in Nebraska. Her answer included limiting allowable forms of cannabis (not smoking or vaping), limiting qualifying conditions and placing restrictions on tetrahydrocannabidiol potency, serving size or servings per package in cannabis products.
Mueting was “neutral” on a Storm bill, LB 483, to reduce the allowable possession down to 300 milligrams, 0.21 percent of what voters approved, and only allow pills or tinctures for the medicine.
Need for neutrality?
Much of Thursday’s hearing focused on opposition to the appointments because Oldenburg and Mueting have both consistently opposed the legislative proposals that long-time medical cannabis advocates in Nebraska have supported in the Legislature.
Oldenburg testified against proposals in 2018, 2019 and 2021, while Mueting opposed legislation in 2019, 2021, 2023 and 2025.
After more than a decade of legislative attempts, advocates succeeded last fall by ballot measure at legalizing up to 5 ounces of medical cannabis with a health care practitioner’s recommendation. “Exclusive” regulatory authority is vested in the Medical Cannabis Commission, per voter directive.
Crista Eggers, executive director of Nebraskans for Medical Marijuana, which led the campaign, said the appointments seemed like a “calculated act” by Pillen. She said lawmakers have an “ethical responsibility” to approve individuals committed to the program’s success, “not its obstruction.”
“I don’t think an arsonist should be in charge of the fire department,” Eggers testified.
Cavanaugh asked whether that meant Eggers should be appointed. She said, “Absolutely not.”
“I do not believe that this commission should be made up of anyone that has spent time, energy, in their personal or professional capacity, being opposed or supportive to this,” Eggers said.
‘Derail, stall and sabotage’
Shelly Gillen of Bellevue, testifying on behalf of her 23-year-old son Will, said that for people “enamored” with requiring U.S. Food and Drug Administration approval first—as has been the consistent policy for Mueting’s Heartland Family Service—Gillen said those people should ask what FDA-approved meds have done to Will Gillen, making him “an innocent, unintentional addict.”
“We were told by a neurologist that weaning him off one of his meds would be similar to weaning off someone on heroin. FDA-approved meds landed him in the hospital for two weeks in complete somnolence that made him develop pneumonia and silent aspiration on his own saliva,” Gillen testified.
The Gillens were among the first families to consistently fight for medical cannabis, back to 2015 legislation from former State Sen. Sue Crawford of Bellevue. Mueting supported that bill.
Gillen said there was “no doubt in my mind” that the appointees would “do everything they can to derail, stall and sabotage access to medical cannabis for as many patients as possible.”
Angelica Marsaglia of Lincoln, who would benefit from medical cannabis, opposed both appointees and noted Mueting is part of an organization in part to help addicts. Marsaglia urged senators to see patients and “please hear us.”
“We are not addicts. We are medical patients,” Marsaglia said. “We just want access to a plant, a plant that grows freely and only the government has made illegal.”
Law enforcement angle
Maggie Ballard and Mary O’Neill, both of Heartland Family Service, defended Mueting, as did Sarpy County Sheriff Greg London.
London attested to Mueting’s character and integrity and said she’s “perfect” for the appointment because she understands the importance of rules and regulations. London was one of 53 sheriffs to join Nebraska Attorney General Mike Hilgers in opposition to LB 677.
The AG’s Office has vowed to sue the Medical Cannabis Commission if it begins licensing medical cannabis dispensaries, which could begin by October 1 under the laws.
Advisement to law enforcement is still a “work in progress” when it comes to medical cannabis, London said, and he argued no one has a medical cannabis recommendation card yet.
Cavanaugh said some people do have a card, to which London asked how many.
“I’ve met at least one,” Cavanaugh said.
“Oh. Congratulations,” London responded.
Keith County Attorney Randy Fair, in his personal capacity, said that while both appointees may be very good people, he said appointees should be neutral-minded individuals who can support good regulations.
Fair said that cops will do the same thing they do now during traffic stops: Pull people over now if they smell marijuana for probable cause, search vehicles and issue arrests or tickets if people have more than 5 ounces of marijuana, or not if someone has a recommendation.
“We don’t try to arrest tons of people for that because, quite frankly, it would be a waste of resources,” Fair said. “I do think that a lot of these concerns are blown over.”
It would be Fair’s “ethical duty,” he said, not to prosecute someone unless they have actually violated the laws of Nebraska.
‘One of the biggest hearts’
Ballard said she’s served on Heartland Family Service’s prevention team with Mueting for 11 of Ballard’s 13 years with the organization. When learning that there might have been an overflow room because of widespread opposition, Ballard said, “Honestly, that hurts my heart.”
While Mueting and Ballard have different backgrounds and don’t see eye-to-eye on everything, Ballard added, Mueting “has one of the biggest hearts of anyone I’ve ever met.”
“I just can’t think of anyone better than her to serve on this commission, because she will do a very good job of balancing public health and public safety against people who need help with their debilitating conditions,” Ballard said.
Ballard and Mueting said voters have spoken, despite the Heartland Family Service position. Ballard said her coworker’s job would be to oversee and “try to do things as well as possible and not to just bang her head against the wall saying, ‘No, we can’t do this here.’”
“That’s not practical, and it’s not in Lorelle’s nature either,” Ballard continued.
Nothing in the law requires “debilitating” conditions, Cavanaugh noted. Any health care practitioner, including out-of-state, can recommend cannabis if they feel a patient could benefit.
‘I don’t have the power’
While no one spoke in favor of Oldenburg’s appointment, multiple senators said after the hearing that they were impressed with her credentials. State Sen. Stan Clouse of Kearney, who opposed Mueting but supported Oldenburg, said there were some unfair shots taken at Oldenburg whose skill set he highlighted. He did not specify his reservations on Mueting’s appointment.
State Sen. Bob Andersen of north-central Sarpy County said he was “very impressed” by Mueting’s 24 years in the prevention field and that she was qualified for the role.
Mueting said she didn’t view her appointment as trying to “squash” the law, “because I don’t have the power to do that.”
“My goal is not to make this harder for people,” Mueting said. “My goal is to put some rules around the substance as we were given in statute.”
Oldenburg noted that in residency, she was taught to never be afraid of prescribing opioids for patients’ pain, but that’s changed. She added that Nebraska can learn from other states in the interest of health, safety and well-being for a better program.
Multiple opponents of the appointees, including Angela Cornett of Norfolk, a nurse, said patients were tired of waiting, including for new research. Cornett said her mom was one of dozens of advocates who died waiting for possible relief over the past decade.
Oldenburg stayed for the whole hearing, but Mueting left after her invited witnesses testified. State Sen. Rick Holdcroft of Bellevue said she had a previously scheduled appointment.
‘Obligation to protect society’
Cavanaugh grilled both appointees over what they view as the commission’s role, such as whether commissioners should list qualifying conditions, limit permissible forms of using cannabis, restrict how many dispensaries can be licensed and more.
Mueting and Oldenburg, noting they are “one of five” on the commission, said they didn’t know and weren’t attorneys. They said they would seek guidance as a team, though both said they opposed smoking as a form of using cannabis.
“I’m a law-abiding citizen of the State of Nebraska, and I have to follow the will of the people, and I have to follow the statutes,” Oldenburg said.
Andersen, who also opposed LB 677, criticized Cavanaugh’s line of questioning about Mueting’s personal views on medical cannabis and compared it to asking a public defender whether a client is guilty.
“They’re going to do a job and defend the person,” Andersen said.
“That’s a really good analogy,” Mueting responded.
Storm said that at the end of the day, he and others want to help Nebraskans in the right way.
“If cannabis can help people with ailments, we should do that, very much should do that,” Storm said. “But we have an obligation to protect society, and we can’t let this get out of control.”
This story was first published by Nebraska Examiner.
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