The verdict in the civil trial that will determine the legality of two ballot initiatives to legalize medical cannabis has been decided.
Lancaster County District County Judge Susan Strong dismissed the major legal challenges against Nebraska’s two medical cannabis petitions. She ruled that the number of valid signatures was over the 86,499 baseline, and are "thus legally sufficient."
In a statement the Attorney General's office said, "We are reviewing the decision and considering next steps.”
Voters strongly supported both measures in the general election, passing both with around 70% of voters in favor.
Ballot initiative 437 was to make it so healthcare practitioners would be able to recommend the use of medical cannabis, and patients, with or without the assistance of a caregiver, would be able to possess and use medical cannabis.
Ballot initiative 438 was to create a Nebraska Medical Cannabis Commission to regulate the possession, manufacture, distribution, delivery, and dispensing of medical cannabis by registered private businesses.
The legal battle was over fraudulent signatures and fraudulent notarizations. John Kuehn, a veterinarian from central Nebraska and former state senator, filed the lawsuit, saying because of the discrepancy, the petition backers did not have enough signatures.
Those arguing on behalf of the petitioners said there was no “clear and convincing evidence” of fraud, and throwing out entire petitions would punish thousands of Nebraskan voters.
The pair of ballot initiatives was led by the group Nebraskans for Medical Marijuana, and supported by Families 4 Medical Cannabis, Growing the Good Life and Teamsters Local 554.
Supporters of the initiatives cite a 2017 report released by The National Academies of Science that cannabis is effective in treating chronic illness, as well as a 2015 study and the DEA saying there have been no reported deaths from overdose of cannabis.
Those against the initiatives have argued the initiatives contradict federal law, and that passing them prior to FDA approval is premature. Opponents of the initiatives also argued there is no regulation over where patients can or cannot use the cannabis.
There have been multiple efforts to legalize medical cannabis both in the Unicameral and by petition since the mid-2010s. In 2020, the Nebraska Supreme court ruled that a medical cannabis measure set to appear on the ballot was unconstitutional. The Justices concluded it violated Nebraska’s “single subject rule,” in that the proposed ballot measure contained more than one subject for voters to consider.
For that reason, there were two ballot initiatives on the 2024 ballot. There was an attempt to get the two initiatives on ballot in 2022, but the campaign fell short on signatures.