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Nebraska Medical Marijuana Campaign makes a ‘final’ push for the ballot, as an activist blasts the Governor’s opposition as a ‘cop out’

September 26, 2023 by Kyle Jaeger

Crista Eggers is leading the charge for medical marijuana legalization in Nebraska’s ballot this third election cycle. She says that this is her last attempt. She is not willing to lose.

In a recent telephone interview, she said: “There is no other choice.” “I call it the last time – not because I’m giving up but this is the last time. “We’re going get it done.”

Nebraskans for Medical Marijuana’s (NMM) last two attempts were a disaster. The state Supreme Court invalidated their measure after they collected enough signatures to place it on the 2020 ballot. Last year, a grassroots campaign was unable to collect enough signatures because one of its main donors had died in a plane accident, financially crippling the petitioners.

The campaign is taking a new tone. This is a determination based on experience, and motivated by stories of Nebraskans sick and desperate who lost all faith in their legislators to allow them any access to the plant.

Eggers is the campaign manager for NMM and has “a very personal connection” to this issue. Her son, age nine, suffers from a severe epilepsy. The medications he is prescribed don’t stop the seizures, and they have serious side effects. Eggers believes that medical cannabis is a natural and effective alternative. She wants her son, as well as other patients to have access to it.

Gov. Jim Pillen (R), who has voiced his opposition to reform efforts, said this month that the legalization of medical cannabis would “pose demonstrated harms to children” and that it should be available only if approved by the Food and Drug Administration. Eggers called this argument “a cop out” and said the campaign would let voters decide.

“We cannot stop until this is done. “That’s the way our campaign feels,” said she. “We just show up.” We have no choice but to keep showing up.

This cycle, the campaign started collecting signatures early. Since July volunteers are filling out petitions, roughly two months after submitted the complementary legalization initiatives to the secretary’s office . They’ve already reached the signature threshold for two counties out of the 38 required.

Eggers, along with NMM cochairs Sen. Anna Wishart and former Sen. Adam Morfeld were present at this month to kick off the fundraising campaign. A couple dozen supporters are also in attendance. They told the state that it would take a village to make this happen. Every dollar, petition, volunteer, and vote counts.

“The child who is experiencing seizures, or the patient with ALS, or cancer – they don’t have a option. They must show up. Eggers stated that they must keep moving forward. “That’s also what we need to do.”

In order to avoid the challenge of a single topic, there are two initiatives. The first initiative would require legislators to codify protections that protect doctors who recommend marijuana and patients who buy and possess it, essentially creating qualified immunity. The second step would be to create a Nebraska Medical Cannabis Commission that would “provide necessary registration and regulation for persons who possess, manufacture and distribute cannabis for medical use.”

To make it on the ballot for November 2024, activists must collect 87,000 valid signatures total from registered voters per petition (in addition to the county goal) and turn them in before July 5, 2024.

Eggers talked with Marijuana moment about the medical marijuana legalization campaign, lessons they learned from past efforts and reform for Nebraska. This interview has been edited to make it more concise and clear.

Just a moment: your campaign has just launched its official fundraising. How did it go? What was your main takeaway?

Crista eggers: The petition was well received. We had a group of amazing people who came to sign the petition, and to also collect petitions. It’s a very exciting time. We received some great news coverage that was favorable to us and helped spread the word about our launch.

Sometimes, when we move forward for the third time, it can be a bit confusing. This is a brand new petition. The more we spread the word, the better it is to inform people that this is a new petition drive. This is for the year 2024. We’ve always believed that millions of dollars are needed to make this happen. So often, ballot initiatives in Nebraska are funded heavily. We faced a dilemma last time around. Our funder had left us, so we were forced to decide whether we should continue with the grassroots campaign and run it as a volunteer effort with no funding, or give up and try again another time. It was a no-brainer.

It was not an option for us to stop pushing forward. We are trying to be the voice and group that advocates for many people who cannot. Last time, we were so close. We were just a bit short of the total signature threshold required. We also didn’t get enough counties to meet the requirement of 38 counties.

We learned that Nebraskans strongly support this issue. This was enough to make us put out an appeal and say, “Nebraska is up to you.” We have to be there, and you must sign if you want to see this issue on the ballot. This is not your traditional signature drive. You will have to come here. We will not be able come to you.” In just three-and-a-half weeks, we had collected thousands upon thousands of signatures. We now know we can achieve this goal, even on a very small budget, in 2024. We hope we won’t need to repeat this experience. Although it was a very difficult task, it was still possible.

The campaign will spend every penny on printing petitions. That’s what we do best–printing and distributing petitions to volunteers. We’re excited to get some funding back from our event to help us recruit more volunteers and we are looking forward to what the fall will bring for our movement in California.

MM: For one reason or another, the last two attempts failed. It must be frustrating for all supporters, but it is especially frustrating to you, as the mother of an epileptic child.

CE It’s hard to describe the destruction that last year’s election campaign caused. We received so many blows. In life, this is just what happens. We rise above and push on. At the end of my last campaign I had to take a step back and think about how to go forward for me and my family.

This is something that I am very passionate about. I have been fighting desperately for my son for many years. What happened was that on the day I said “I can’t do this anymore. I cannot continue this journey.” I couldn’t throw myself into it and I had to stop. It’s time for someone else to take charge. I looked at my son, thinking of all the parents in the state who were feeling the same pain. And all the patients and caregivers who knew that the issue would not be brought to the voters until 2022. We had to wait. I realized that I could not move forward without returning to the fight and ensuring it was won for everyone in the state, and not just my son.

Our sole mission is to ensure that those in this state suffering from pain have the option of using cannabis as a treatment when all else fails, or if what they are currently using causes more harm than good. We won’t stop until this is done. This is where we are and this is how our campaign feels. We keep showing up because we don’t have any other choice. Children with seizures, or patients with ALS and cancer have no choice. They must show up. They have to show up. We must do the same.

MM: Governor said he opposed the reform. He called medical marijuana dangerous for kids and argued that it should be only available after FDA approval. What is your opinion on that?

CE : My initial thought is that I disagree. Every day I see what’s going on around me. I’ve seen the news, listened to the radio and watched social media. I don’t think marijuana is the biggest problem for children in this state or, I believe, across the nation. Alcohol is the main culprit. It’s prescription drugs. It’s street drugs laced with fentanyl. It’s fentanyl. There’s a huge opioid epidemic in the United States that has gotten so out of hand that it’s impossible to go a single day without hearing about how this is affecting people. So I’d say it is a cop-out to claim that marijuana harms our children. There are other things I believe that harm them more than the medical cannabis system I propose to help those who are sick and in pain.

What’s the next part about FDA approval? You know, it seems to be two parts. This drug should never have been classified as Schedule I. Everyone can agree that marijuana is not the same as ecstasy. We know the federal government has said that this will be rescheduled but that still hasn’t been done. Meanwhile, other states have passed laws and created systems for both adult-use and recreational marijuana. The federal government has never repealed a law or said “no, no no, you cannot do that.” I believe it is very clear the federal has said let’s leave this to the states. Look around the country and we see that everyone has done this. Everyone else has realized that we must do something to help the people.

You could ask me what I think is wrong with my child. I don’t worry about the marijuana oil and cannabis oil I put under his chin. What I am worried about every day, however, is the medication I inject into his body in an attempt to stop these horrible seizures. When I think about what’s causing him harm, it is his constant seizures. His brain is constantly stumbling. That’s what is killing my child. These are the pharmaceutical drugs which are so bad and that they use off-label, because they do not know what else to. These drugs are FDA approved.

My son takes a blackbox drug, which means the FDA approved the medication and then later said “Wait, people are getting hurt by this.” Now, those who are prescribed the drug and take it sign a document that states that they are aware of the risks in hopes that the benefit proposed is worth the risk. FDA approval doesn’t mean it is safe. This does not mean there are no side effects. It does not mean that future unknowns cannot happen. My son, who is nine years old, takes medications that have been approved by the FDA. So, I have a hard time with the FDA argument. I do.

We know, at the end of it all, that the FDA or the federal government can push through something. Still, they have not. I won’t let this change my fight for what I believe to be right and best for patients in our state.

MM: There has been a constant stalling of legislative efforts to legalize marijuana for medical purposes, including the bills introduced by Sen. Anna Wishart (co-chair NMM). Do you think that legislators will eventually pass reform?

CE Although I am hopeful, I also look at the situation realistically. The Nebraska legislature has tried over 10 years to pass medical marijuana laws. They have attempted to pass the most restrictive and conservative medical cannabis laws. Many people in the cannabis industry say that this will not help anyone.

We have attempted to reach a compromise with those who are against it and to find a middle ground. We have tried to compromise and find a balance with those who are against it, but we still end up with nothing, session after session, every year. It’s clear to me now that this is not what will happen. Any movement that is made within the legislative body will not help patients, in my opinion.

We brought the narrowest and most conservative medical bill ever presented in 2023’s spring session. We could not get it out of the committee because of its very limited scope, strict rules and regulations. We decided to further narrow the scope in hopes of moving it forward. So we introduced a Right to Try amendment, which only covered severe forms of epilepsy. It also did not create an industrial sector in the state, so patients would still have no way to obtain cannabis, even if it was recommended for their seizures. The only way to get cannabis would be to bring it from another state. They couldn’t even get our Right to Try Law passed by committee, since there is no industry to help patients.

The moment I saw this, I knew it would never be possible and effective. I am 100 percent convinced that the only way patients in Nebraska can have access to safe care is by going directly to them.

According to your experience, is it common for families and patients in Nebraska to relocate to Colorado to gain access to medical cannabis?

CE : This happens all the time. It happens more often, and now that Missouri – with whom we share a border – is now a legal State, it’s a little easier. Patients are now going to other states. Unfortunately, some patients are also trying to get it in our state, but in a very dangerous way. They’re buying products they don’t even know the source of, or what is in them. These patients have no other choice. They are forced to make the decision: “I will be a criminal if I bring it across the border or get it here.”

I’d say that the majority of those who do this are either suffering themselves or their family members and are trying to treat some medical condition. Unfortunately, these individuals must talk to their doctors. The cancer patient should be able speak to their doctor to find out what is best for them, and how cannabis could be used to treat their specific situation, such as wasting syndrome, or nausea caused by chemotherapy. Patients can’t currently ask their doctors. Patients can’t ask their doctor about it.

I know this from having a son, who –I can’t say the words “medical cannabis” to his practitioners as they know legally that they cannot handle this issue. It’s illegal. We can’t talk about it because it is illegal. It puts many patients in a terrible position. If they are caught crossing the border with marijuana, it could cost them their livelihood. These are people who should not be crossing state borders to obtain their medication.

It’s a tragedy inside a tragic story. I can’t believe people who say it works, or that their loved ones have had success with it, but they themselves cannot. They cannot get it safely. Many people choose to move because they do not feel safe going and getting the item.

I’ll tell you that I speak to people constantly – former supporters of our initiative, past volunteers – and they have moved since. They decided they could no longer stay in this place. Unfortunately, it’s not possible for everyone to uproot their families and move. They shouldn’t be forced to. It’s a terrible thing to think that it is okay for people to uproot their family in order to get medical treatment. All of those are challenges that I see.

In the last two weeks, I have actually started reaching out to some amazing people in every part of the United States who have collected signatures. Some of these individuals have passed on. In that moment I thought about the future and what lies ahead. These two patients were in pain, were depressed, and were still collecting signatures. It’s sad to think they couldn’t get the help they needed and were forced to become criminals, spending the rest of their lives fighting for access to everything, even something that could have helped them. It’s that part of the process that is most difficult.

I swear that we won’t let another election cycle pass without completing this. It’s impossible to choose. It’s the last time. Not because I would give up. We will get it done. We’re motivated. We are motivated.

MM: What would you say to Nebraskans about this “final push”?

CE : Our campaign has three main parts. We need funding. We need grassroots money, and I can’t begin to describe how valuable all donations are. A $5 donation will put $5 worth of gas in a volunteer car that is going to a particular county. A $100 donation from someone helps us collect 100 more petitions that we can send with volunteers throughout the state.

Next, not everyone can contribute financially. That’s fine. There are other ways to help. One of them is to contact us. Another is to go to [ our campaign website] to sign up for petitions. Then, you should go and collect signatures. You could do this with your family and friends or in your community. We would be finished if all Nebraskans who say this issue is important did so. We would be finished, and would have to collect so many signatures on the day of submission that we would need U Hauls. This is a small and tangible way people can have an impact.

It’s okay if you cannot volunteer or donate. Not everyone is in a place to do so. We know that everyone will come at the last minute when we send out the alert and all-call. We hope that next time we won’t need to do this. Next spring, we will feel confident that we have reached our target and that we are just working on excess so that the issue is on the ballot.


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Photo by Mike Latimer.

The post Nebraska Medical Marijuana campaign makes a ‘final’ push for the ballot, as an activist blasts Governor’s opposition as a ‘cop out’ first appeared on Marijuana moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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