Dismissed Nebraska Lawsuit Seeking To Overturn Voter-Approved Medical Marijuana Measures Is Appealed

The Nebraska Supreme Court can opt to take up the case, bypassing the Court of Appeals, which it has done with other cases related to ballot measures.

By Zach Wendling, Nebraska Examiner

A district court ruling has been appealed in the lawsuit against Nebraska’s successful ballot measures to legalize and regulate medical cannabis.

John Kuehn, a former state senator and former member of the State Board of Health, filed the appeal Thursday with the Nebraska Court of Appeals. Kuehn alleges that not enough valid petition signatures were collected to appear on the 2024 ballot.

Lancaster County District Judge Susan Strong ruled November 26 that not enough evidence was presented to invalidate the petitions. She also rejected arguments to extend alleged circulator fraud or notarial malfeasance, or improper notarizations, to all signatures those circulators or notaries touched.

Strong dismissed Kuehn’s lawsuit, as well as a joint “cross-claim” from Nebraska Secretary of State Bob Evnen (R).

Kuehn is also appealing Strong’s refusal Thursday to allow Kuehn and Evnen to amend their complaints after her ruling.

Though Kuehn first sued Evnen and the three ballot sponsors behind Nebraskans for Medical Marijuana, Evnen and the Nebraska Attorney General’s Office ultimately joined Kuehn to challenge and seek to invalidate the ballot measures.

Kuehn had until Friday to file for appeal. The AG’s Office, which has signaled it is considering an appeal, has an additional 20 days to decide.

The AG’s Office and attorneys for the ballot sponsors declined to comment.

If the Court of Appeals accepts the case, a panel of three judges would consider the case. A motion could be filed to bypass the Court of Appeals and go directly to the Nebraska Supreme Court.

The Nebraska Supreme Court can also opt to take up the case, bypassing the Court of Appeals, which it has done with other cases related to ballot measures.

The November 5 election results were certified Monday by the Nebraska Board of Canvassers, which includes Evnen and Attorney General Mike Hilgers (R).

About 71 percent of Nebraskans voted to legalize the drug, and about 67 percent voted to regulate it.

Gov. Jim Pillen (R) has until December 12 to declare those ballot measures were successful. As soon as he does so, the measures would take effect, legalizing possession of up to 5 ounces of medical marijuana with a doctor’s written recommendation.

The regulatory measure creates the Nebraska Medical Cannabis Commission, which must write regulations for approving licenses for registered medical cannabis establishments by July 1, 2025, and begin to license by October 1, 2025.

This story was first published by Nebraska Examiner.