Nebraska Judge Upholds Medical Marijuana Legalization Initiatives
12/06/2024
A Nebraska district court judge has ruled in favor of two voter-approved medical marijuana initiatives, paving the way for a likely showdown at the state Supreme Court. Lancaster County District Court Judge Susan Strong upheld the measures after a legal challenge sought to block their certification, marking a victory for the pro-cannabis campaign Nebraskans for Medical Marijuana.
The initiatives, passed during the November general election, aim to legalize the medicinal use of cannabis (Initiative Measure 437) and establish regulations for the medical marijuana industry (Initiative Measure 438). Together, the measures received overwhelming support from voters, with 71% approving the legalization of medical cannabis and 67% endorsing industry regulation.
The lawsuit, filed by former state senator John Kuehn and supported by Secretary of State Bob Evnen and the Nebraska Attorney General’s Office, alleged that misconduct during the petition process invalidated the initiatives. However, Judge Strong’s 57-page ruling dismissed the claims, emphasizing that the plaintiff failed to disqualify enough signatures to invalidate the petitions.
“To prevail in this action, the plaintiff and Secretary had to show that more than 3,463 signatures on the Legalization Petition and 3,357 signatures on the Regulatory Petition are invalid. The Plaintiff and Secretary are well short,” Strong wrote.
The ruling acknowledged irregularities, including violations of petitioning laws by circulators, but concluded that the petitions met constitutional and statutory requirements. Even with some signatures deemed invalid, both measures comfortably exceeded the threshold of 86,499 signatures required for ballot qualification.
Crista Eggers, campaign manager for Nebraskans for Medical Marijuana, celebrated the decision, highlighting the years of effort from volunteers, patients, and families. “Knowing that another mother will soon have an option for her suffering child makes it all worthwhile,” Eggers said.
While proponents of medical cannabis see this as a critical step forward, the legal battle is not over. The Nebraska Attorney General’s Office has signaled a potential appeal to the state Supreme Court, leaving the future of the initiatives uncertain.
If upheld, the measures will allow patients with a healthcare provider’s recommendation to possess up to five ounces of cannabis and establish a regulatory framework for the cultivation, distribution, and sale of medical marijuana under state oversight.
Reference
The initiatives, passed during the November general election, aim to legalize the medicinal use of cannabis (Initiative Measure 437) and establish regulations for the medical marijuana industry (Initiative Measure 438). Together, the measures received overwhelming support from voters, with 71% approving the legalization of medical cannabis and 67% endorsing industry regulation.
The lawsuit, filed by former state senator John Kuehn and supported by Secretary of State Bob Evnen and the Nebraska Attorney General’s Office, alleged that misconduct during the petition process invalidated the initiatives. However, Judge Strong’s 57-page ruling dismissed the claims, emphasizing that the plaintiff failed to disqualify enough signatures to invalidate the petitions.
“To prevail in this action, the plaintiff and Secretary had to show that more than 3,463 signatures on the Legalization Petition and 3,357 signatures on the Regulatory Petition are invalid. The Plaintiff and Secretary are well short,” Strong wrote.
The ruling acknowledged irregularities, including violations of petitioning laws by circulators, but concluded that the petitions met constitutional and statutory requirements. Even with some signatures deemed invalid, both measures comfortably exceeded the threshold of 86,499 signatures required for ballot qualification.
Crista Eggers, campaign manager for Nebraskans for Medical Marijuana, celebrated the decision, highlighting the years of effort from volunteers, patients, and families. “Knowing that another mother will soon have an option for her suffering child makes it all worthwhile,” Eggers said.
While proponents of medical cannabis see this as a critical step forward, the legal battle is not over. The Nebraska Attorney General’s Office has signaled a potential appeal to the state Supreme Court, leaving the future of the initiatives uncertain.
If upheld, the measures will allow patients with a healthcare provider’s recommendation to possess up to five ounces of cannabis and establish a regulatory framework for the cultivation, distribution, and sale of medical marijuana under state oversight.
Reference
