Medical cannabis prevails at the ballot box in Nebraska, but fate depends on legal challenges • Nebraska Examiner

Initiative measure 438the Nebraska Medical Cannabis Regulation Act, would define cannabis; legalize the possession, production, distribution, supply and dispensing of cannabis for medical purposes; and create the Nebraska Medical Cannabis Commission to oversee the new law.

Crista Eggers, the campaign manager for the ballot measures, told the Nebraska Examiner on Tuesday that after more than a decade of fighting and three attempts to get elected, “it's a confirmation to us that we've always fought for the right reason.”

“We fought for patients in this state, and today’s victory is not because of a few people or one campaign,” she said. “The victory tonight is for the patients of Nebraska.”

Legal challenges

The legal challenges were brought by John Kuehn, a former state senator and former member of the State Board of Health who opposes medical marijuana, and Secretary of State Bob Evnen, who launched his own challenges as part of Kuehn's lawsuit, even though his office has already done so had confirmed the ballot measures for the ballot

Attorney General Mike Hilgers' office is defending Evnen in the case. Hilgers has opposed the legalization of medical cannabis and delta-8, which contains THC, the component of the cannabis plant most commonly associated with intoxication. Hilgers served with Kuehn in the Legislature, as did one of Kuehn's lawyers, former state Sen. Andrew La Grone.

The lawsuit could end in a number of ways. Strong could:

• Side directly with Kuehn and Evnen and invalidate the election results.
• Side with Kuehn and Evnen, but allow election sponsors to attempt to resolve the “invalidity” of sufficient signatures in a second phase of the post-election process.
• Side directly with the election sponsors and end the lower court process, which would leave the election results intact.

Strong and lawyers involved in the case have acknowledged that the decision, no matter who prevails, will likely be appealed to the Nebraska Supreme Court.

Eggers, whose 10-year-old son Colton suffers from epilepsy and severe seizures, said there is still work to be done. The campaign remains confident that it will prevail in its lawsuit, Eggers said, and hopes that one day soon patients and families will draw hope and strength from a new treatment option.

“The day that happens, we know we’ve done our job,” Eggers said. “It’s not over yet, there’s still a lot to go, but I think tonight shows that the voice of Nebraskans has been heard on this issue once and for all.”

Third attempt at a ballot measure

Several legislative efforts, including some led by one of the election sponsors, state Sen. Anna Wishart of Lincoln, had previously stalled, shifting the fight to the ballot box.

The campaign for the 2020 ballot began in 2019 with a constitutional amendment that the Nebraska Supreme Court ultimately ruled was too broad and violated the Nebraska Constitution.

For the 2022 vote, sponsors came back with separate petitions to legalize and regulate the drug, but were unable to collect enough signatures, in some cases after the death of a major donor.

The 2024 trial is the furthest Nebraskans have gone yet in medical marijuana.

The US Department of Justice has officially done so Reclassify marijuana as a less dangerous drug, which could support future federal approval.

38 states have legalized medical marijuana, while 24 of them, as well as Washington, DC, have also legalized recreational use. The other states, including Nebraska, allow limited access to cannabis products with little to no THC Pew Research Center.

Nebraska constitutional officers will meet Dec. 2 to certify Tuesday's election results. After this date, legal challenges may proceed.

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