Judge does not make ruling on Nebraska medical marijuana lawsuit Friday
A judge said the effort to stop both Nebraska medical marijuana petitions from keeping the November general election ballot will have to wait until another week to be heard.The judge told both sides to submit briefs in response to the motion to dismiss by Tuesday. District Court Judge Susan Strong said she hopes to issue her ruling on the motion to dismiss by end of week next week. That will determine how the rest of the hearings are handled. This comes after a former state senator and co-founder of the group Smart Approaches to Marijuana, John Kuehn, asked a judge to stop the Nebraska Secretary of State’s Office from certifying petitions for the ballot or from certifying the results from the election if the case is not settled before citizens cast their vote.On Sept. 13, Secretary of State Bob Evnen certified both medical marijuana petitions for the November general election ballot.In the lawsuit, Kuehn said Evnen did not produce all of the signature pages of the petitions ahead of Friday’s deadline to certify the Nebraska November ballot.MORE COVERAGE: Former state senator files lawsuit to stop secretary of state from certifying medical marijuana petitionsHe alleged seven violations in the lawsuit including the petitions contained invalid signatures and alleged Evnen did not grant enough time to request signatures and challenge the secretary’s certification, which he said violates his rights to review signatures and petitions.Related coverage: What are Nebraskans voting for? Breaking down the ballot initiatives, referendumNebraskans for Medical Marijuana ballot sponsors – Crista Eggers, Adam Morfeld and Anna Wishart – filed two motions to dismiss, one for the original lawsuit and another for Evnen’s cross claim.”Let’s take the first step and see what we get resolved on the motion to dismiss,” said District Court Judge Susan Strong.Crista Eggers, of Nebraskans for Medical Marijuana, issued a statement shortly after the court hearing, saying, “It is unfortunate that an extremely small minority of individuals have taken it upon themselves to attempt to silence the voice of the people. We have long been fighting for Nebraska’s most vulnerable patients, including our children and elderly, who are continuing to suffer through painful medical conditions after other treatments have failed, and when medical cannabis – an evidence-based treatment for many ailments – is accessible to patients one state over in every direction.”Evnen also released a statement following Friday’s court proceedings.“It has been incorrectly reported that I have asked a court to remove the cannabis initiatives from the ballot. I have not. I have asked the court to examine all of the evidence concerning fraudulent signature claims and then decide whether the cannabis initiatives should remain on the ballot.”Kuehn and his legal team did not have a comment following Friday’s hearing. Click here for the latest headlines from KETV NewsWatch 7
A judge said the effort to stop both Nebraska medical marijuana petitions from keeping the November general election ballot will have to wait until another week to be heard.
The judge told both sides to submit briefs in response to the motion to dismiss by Tuesday. District Court Judge Susan Strong said she hopes to issue her ruling on the motion to dismiss by end of week next week. That will determine how the rest of the hearings are handled.
This comes after a former state senator and co-founder of the group Smart Approaches to Marijuana, John Kuehn, asked a judge to stop the Nebraska Secretary of State’s Office from certifying petitions for the ballot or from certifying the results from the election if the case is not settled before citizens cast their vote.
On Sept. 13, Secretary of State Bob Evnen certified both medical marijuana petitions for the November general election ballot.
In the lawsuit, Kuehn said Evnen did not produce all of the signature pages of the petitions ahead of Friday’s deadline to certify the Nebraska November ballot.
MORE COVERAGE: Former state senator files lawsuit to stop secretary of state from certifying medical marijuana petitions
He alleged seven violations in the lawsuit including the petitions contained invalid signatures and alleged Evnen did not grant enough time to request signatures and challenge the secretary’s certification, which he said violates his rights to review signatures and petitions.
Related coverage: What are Nebraskans voting for? Breaking down the ballot initiatives, referendum
Nebraskans for Medical Marijuana ballot sponsors – Crista Eggers, Adam Morfeld and Anna Wishart – filed two motions to dismiss, one for the original lawsuit and another for Evnen’s cross claim.
“Let’s take the first step and see what we get resolved on the motion to dismiss,” said District Court Judge Susan Strong.
Crista Eggers, of Nebraskans for Medical Marijuana, issued a statement shortly after the court hearing, saying, “It is unfortunate that an extremely small minority of individuals have taken it upon themselves to attempt to silence the voice of the people. We have long been fighting for Nebraska’s most vulnerable patients, including our children and elderly, who are continuing to suffer through painful medical conditions after other treatments have failed, and when medical cannabis – an evidence-based treatment for many ailments – is accessible to patients one state over in every direction.”
Evnen also released a statement following Friday’s court proceedings.
“It has been incorrectly reported that I have asked a court to remove the cannabis initiatives from the ballot. I have not. I have asked the court to examine all of the evidence concerning fraudulent signature claims and then decide whether the cannabis initiatives should remain on the ballot.”
Kuehn and his legal team did not have a comment following Friday’s hearing.