LINCOLN, Neb. (KLKN) — A new lawsuit seeks to stop Nebraska’s medical marijuana initiatives from going into effect.
Former State Sen. John Kuehn filed a suit Tuesday against Gov. Jim Pillen, Secretary of State Bob Evnen and the sponsors of the initiatives.
The lawsuit says it is time for a “reckoning” on the constitutionality of the measures “before further taxpayer funds are spent on a futile effort.”
Kuehn is asking a judge to block Pillen from issuing a proclamation declaring the initiatives to be state law, which he must do by Thursday.
SEE ALSO: Judge won’t block counting of votes on Nebraska medical marijuana initiatives
The measures — one legalizing medical marijuana and one establishing a commission to regulate it — passed by a wide margin in November.
The lawsuit argues that they are unconstitutional because they conflict with the federal ban on marijuana.
“The Governor has a duty to refuse to spend taxpayer dollars, or to otherwise exercise the executive powers of his office, in support of a measure or statute that cannot be ‘law’ under the Nebraska Constitution or the U.S. Constitution,” the suit says.
SEE ALSO: Fraud trial begins for Nebraska medical marijuana petitions
Kuehn also argues that the initiative creating the regulatory commission gives that panel broad legislative power, violating the separation of powers in the state constitution.
Crista Eggers, campaign manager of Nebraskans for Medical Marijuana, said Monday night that most states have some form of legal marijuana.
“With 70% support at the polls, Nebraska voters made it overwhelmingly clear that they support safe and regulated medical cannabis access,” she said in a statement. “The assertion that Nebraska’s new medical cannabis laws violate the Supremacy Clause of the U.S. Constitution disregards decades of state-led independence and innovation Under the 10th Amendment of the Constitution, states have the right to address the unique needs of their citizens without undue interference.”
SEE ALSO: Thousands more signatures on Nebraska medical marijuana petitions under scrutiny
The ballot measures have been the subject of multiple court cases.
Kuehn filed a lawsuit before the election alleging that there was widespread fraud by petition circulators and malfeasance by notary publics.
Last month, Lancaster County District Judge Susan Strong dismissed that suit, ruling that there wasn’t enough fraud to invalidate the petitions.
Kuehn is appealing the dismissal.
SEE ALSO: Nebraska notary public charged in fraudulent petition signature probe
Criminal charges were also filed against a circulator and a notary.
The circulator admitted to using a phone book to find names to sign on his petitions and was found guilty of a reduced charge.
A Hall County Court judge dismissed the charges against the notary, but prosecutors have appealed to district court.
The next hearing in that case has been set for Jan. 8.
SEE ALSO: Nebraska judge dismisses 2 challenges to medical marijuana petitions, lets 2 others stand
Kuehn asked that the court hear his new lawsuit as soon as possible.
This case was also assigned to Strong. She has not set a court date.
The lawsuit says it is time for a “reckoning” on the constitutionality of the measures “before further taxpayer funds are spent on a futile effort.” Read More
