Verdict of medical cannabis trial may affect those with criminal convictions

The voter-approved ballot initiatives legalizing medical marijuana will stand following a legal challenge alleging they received false signatures. This will have a lasting effect on Nebraskans with criminal convictions. That’s according to Senior Director of Advocacy with The Sentencing Project Nicole D. Porter.

“Legalizing medical marijuana could impact people who are under criminal legal supervision in a number of ways," said Porter. "The collateral sanctions associated with their conviction could put them at risk of criminalization, even if they have a medical marijuana card and they're allowed to medicate themselves using cannabis.”

FBI data shows there were 3,923 marijuana related arrests in Nebraska last year. While the ballot initiatives will not pardon or commute any person’s sentence, they will still make a difference in the quantity of arrests at large according to Porter. She said that increased interaction with law enforcement leads to increased incarceration.

“So, reducing the number of reasons that police might stop residents, even in the context of medical marijuana expansion or recreational marijuana expansion, is a part of a framework to reduce the criminal legal system and hopefully reduce residents' chances of coming into contact with law enforcement,” said Porter.

The voter-approved voted upon initiatives will be certified next Monday December 2nd, but the results of the trial are able to be appealed after certification. The Nebraska Attorney General’s office says it is quote “reviewing the decision and considering next steps.”