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A Nebraska district court judge has ruled in favor of two medical marijuana legalization initiatives that voters approved in this month’s election, setting the stage for a lawsuit challenging the measures to head to the state Supreme Court. Lancaster County District Court Judge Susan Strong ruled in favor of Nebraskans for Medical Marijuana, the campaign backing the ballot the measures, in a suit brought by a former state senator to block the initiatives.
Nebraska voters approved the two ballot measures, one to legalize the medicinal use of cannabis and a second to regulate the medical marijuana industry, in the November general election. Prior to the vote, however, John Kuehn, a former state senator and former State Board of Health member, filed a lawsuit challenging petitions that qualified the initiatives for the ballot.
The lawsuit alleged that the petitions were tainted by misconduct and thus invalid. The lawsuit was joined by Nebraska Secretary of State Bob Evnen with the assistance of the Nebraska Attorney General’s Office.
In a 57-page ruling released on Tuesday afternoon, Strong wrote that “case was about numbers,” according to a report from the Nebraska Examiner.
To qualify for the ballot, the campaign needed to collect at least 86,499 signatures from registered voters. Evnen, who certified the initiatives for the ballot, said that each had exceeded the required number by nearly 3,500 signatures.
Judge Rules Petitions Are Valid
The lawsuit challenged the validity of the petitions based on allegations of misconduct in the gathering and submitting of signatures. In a four-day trial in the suit earlier this month, witnesses included two petition circulators who admitted they violated the law in gathering signatures and delivering 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 Associated Press reported.
In her ruling, Strong wrote that the “presumption of validity” was lost for 711 signatures on the legalization petition and for 826 signatures for the regulation petition.
“In a record of this size, it is likely, perhaps inevitable, that the Court has made some mathematical errors,” Strong wrote. “It is also possible that the Court missed a few petitions that should lose their presumption of validity under this Court’s reasoning.”
The judge added, however, that the Evnen and Kuehn “would still fall short” of successfully challenging enough signatures to invalidate certification of the petitions.
“The petitions fulfill all constitutional and statutory requirements and are thus, legally sufficient under Nebraska law,” Strong wrote.
Medical Cannabis Legalization Campaign Praises Ruling
Crista Eggers, the campaign manager for Nebraskans for Medical Marijuana, praised Strong’s ruling after it was released.
“Many years of hard work have gone into this effort — from volunteers, patients and families across the state,” Eggers said in a statement. “Knowing that another mother will soon have an option for her suffering child makes it all worthwhile.”
While the campaign has won this round of the legal battle, lawyers for both sides said any decision would likely be appealed to the Nebraska Supreme Court. A spokesperson for the Nebraska Attorney General’s Office said in a text that Strong’s ruling would be reviewed.
“We appreciate the Court’s time and thoughtful consideration in deciding this matter,” the spokesperson wrote. “We are reviewing the decision and considering next steps.”
Initiatives Legalize Medical Marijuana Possession And Sales
Initiative Measure 437, also known as the Nebraska Medical Cannabis Patient Protection Act, legalizes the medicinal use of cannabis for patients who have a written recommendation from a healthcare professional. The new law, which passed with 71% of the vote, also legalizes the possession for medicinal purposes of up to five ounces of cannabis by patients and caregivers.
Initiative Measure 438, the Nebraska Medical Cannabis Regulation Act, was approved by voters in the November 5 election with 67% of the vote. The initiative legalizes the possession, production, processing, distribution, and dispensing of medical cannabis for businesses licensed by the state. The measure also establishes the Nebraska Medical Cannabis Commission to oversee the enactment of the law and regulate the state’s newly legal medical cannabis industry.
“}]] A Nebraska district court judge has ruled in favor of two medical marijuana legalization initiatives that voters approved in this month’s election. Read More
