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Hilgers criticizes Trump’s move on marijuana reclassification

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ZACH WENDLING

Nebraska Examiner

LINCOLN — Nebraska Attorney General Mike Hilgers criticized President Donald Trump’s efforts to loosen federal restrictions on marijuana as local advocates applauded the change.

Trump, via a new executive order he signed Thursday, seeks to expedite a move started under President Joe Biden to federally downgrade marijuana from a Schedule I to a Schedule III drug. Schedule I drugs, such as heroin, LSD, ecstasy and peyote, are drugs the federal government has classified with a high likelihood of abuse and no currently accepted medical value.

Schedule III drugs are defined as those with moderate to low potential for physical and psychological dependence, such as Tylenol with codeine, ketamine, anabolic steroids and testosterone.

Trump’s order directs U.S. Attorney General Pam Bondi to “take all necessary steps” to complete the rulemaking process related to rescheduling marijuana and to do so in the “most expeditious manner” possible.

“We will evaluate the order closely to determine how we can best continue to engage, protect the public health, and ensure the safety of our citizens,” Hilgers and seven other Republican attorneys general said in a joint statement.

Hilgers was joined by attorneys general from Indiana, Iowa, Idaho, Kansas, Louisiana, Oklahoma and Wyoming.

In Thursday’s joint statement, the attorneys said they had argued against rescheduling for years. The officials also said they believe science around marijuana shows it is correctly listed as a Schedule I drug and that they have “seen firsthand the harm the drug has caused in our communities.”

“The negative impacts of expanded marijuana use, especially on children and adolescents, are worrisome,” the attorneys general said.

Last year, Hilgers’ office, on behalf of Nebraska and 10 other states, submitted a public comment against rescheduling.

Meanwhile, Nebraskans for Medical Marijuana, which ushered in two laws through Nebraska ballot measures in 2024 to legalize and regulate the drug as medicine, applauded the move and said it recognizes the medical value of cannabis, corrects “false narratives” around addiction and allows “long-overdue” research.

“With marijuana now rescheduled, the excuses for inaction are gone, and state leaders can no longer hide behind scheduling as a reason to do nothing,” said Crista Eggers, executive director of the organization.

The order “doesn’t legalize marijuana in any way, shape or form and in no way sanctions its use as a recreational drug,” Trump said Thursday. “Just as the prescription painkillers may have legitimate uses, but can also do irreversible damage … it’s never safe to use powerful controlled substances in recreational matters.”

Trump’s executive order cites a U.S. Department of Health and Human Services determination that marijuana has medical uses, based on a finding that more than 30,000 health practitioners across 43 U.S. jurisdictions are authorized to recommend medical marijuana. The drug has been recommended to more than 6 million registered patients for at least 15 medical conditions, the order states.

Trump also cited a finding by the U.S. Food and Drug Administration for using marijuana to treat pain, anorexia in some situations and nausea or vomiting induced by chemotherapy.

Earlier this week, U.S. Sen. Pete Ricketts, R-Neb., joined 21 other Senate Republicans urging Trump not to reclassify marijuana. Ricketts has long opposed marijuana and, in 2021, made national headlines when he said, “If you legalize marijuana, you’re gonna kill your kids.”

The U.S. Drug Enforcement Administration says no deaths from overdose of marijuana have been reported. National critics, including Hilgers, have said the drug has broader harms.

“We cannot reindustrialize America if we encourage marijuana use,” Ricketts told 10/11 on Thursday. “This change could put our roads, workplaces and communities at risk. Those pushing this are giving bad advice.”

U.S. Rep. Mike Flood, who represents Nebraska’s 1st Congressional District, was one of 26 House Republicans to sign a similar letter Wednesday against rescheduling.

The continued fight could matter in Nebraska, as a voter-created commission, appointees of Gov. Jim Pillen, continues to write rules and regulations around the medicine. The Nebraska Legislature might also act in 2026.

Marijuana could also matter electorally. Jacy Todd of York, a challenger to Pillen in the 2026 Republican gubernatorial primary, helped the 2024 medical cannabis campaign, and possible rematch candidate Charles Herbster — who has not yet entered the race — has sharply criticized Pillen on marijuana.

Dan Osborn of Omaha, a registered nonpartisan challenging Ricketts in the 2026 U.S. Senate race, has pointed to their differences on marijuana.

“I’m not sure what Pete is smoking, since it’s apparently not weed, but these 1930s-style scare tactics and the prohibition of cannabis has only harmed patients and caregivers,” Osborn said Thursday in a campaign statement. “Grow up, Pete.”

Eggers said her group looks forward to working with Hilgers, Pillen and Ricketts “to ensure Nebraska reflects science, supports patients and adheres to voters’ mandate.”

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