Former GOP Senator Wants To Stop Cannabis Ballot In Nebraska: Lawsuit Targets Secretary Of State Over Medical Marijuana Petitions

A former Republican member of the Nebraska State Senate initiated a lawsuit on Thursday aimed at preventing the Secretary of State Bob Evnen from certifying two petitions, backed by Nebraskans for Medical Marijuana, that seek to legalize medical cannabis in the upcoming November election, reported Nebraska Examiner.

John Kuehn of Heartwell, a long-time opponent of cannabis reform, backed by attorneys Steven E. Guenzel, Cameron E. Guenzel and Andrew La Grone, said the measures should not be placed on the November 2024 ballot naming seven reasons why, including:

• Nebraska Secretary of State's Office has been slow in providing copies of signatures for public review upon request.
• Insufficient valid signatures to qualify for the ballot.
• Evnen's failure to remove duplicate signatures.
• An invalid sponsor statement from State Sen. Anna Wishart of Lincoln.
• A breach of the state's constitutional "single subject" rule, which mandates that each measure address only one topic.
• An illegal delegation of authority to a proposed Nebraska Medical Cannabis Commission for regulating medical cannabis.
• Overriding federal laws that classify marijuana as a Schedule I drug.

Kuehn filed the lawsuit, which names Evnen alongside campaign manager Crista Eggers, state Senator Anna Wishart of Lincoln and former state Senator Adam Morfeld of Lincoln, in the Lancaster County District Court. The case was assigned to Judge Susan Strong.

In addition to serving in the state Legislature from 2015 to 2019, Kuehn also led the prohibitionist group Smart Approaches to Marijuana (SAM). He is a rancher and a veterinarian.

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Read Also: Medical Marijuana Will Be On The November Ballot In Nebraska, Officials Confirm

Cannabis In Nebraska: Is Third Time The Charm?

The Nebraska Medical Cannabis Patient Protection Initiative and the Nebraska Medical Cannabis Regulation Initiative have both exceeded the 87,126 valid signatures threshold required to be placed on the November 2024 ballot.

The first initiative seeks to protect medical marijuana patients and their caregivers from legal repercussions, while the second aims to create the Nebraska Medical Cannabis Commission, which would regulate the state's medical marijuana businesses.

Even though both petitions met the necessary signature requirements, Evnen has requested that county election offices proceed with verifying signatures until they reach the 110% threshold provided under state law allowing them to stop with the process.

Following two failed attempts in 2020 and in 2022 to place the measure on the ballot, the third time might be the charm.

Why? Recent polls have shown that Nebraskans are ready to embrace legal medical marijuana, which Eggers overwhelmingly supported.

“This [medical cannabis legalization] is an issue that is supported by 81% of people all across the state,” Eggers said earlier, adding that “it has just been so difficult to get this done. But there is time left.”

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