Nebraska AG Prepares To Ask Supreme Court To Overturn Voter-Approved Medical Marijuana Measures

“We want to make sure our case is fully prepared for an appeal.”

By Zach Wendling, Nebraska Examiner

The Nebraska Attorney General’s Office filed a second “amended cross-claim” Friday on behalf of Secretary of State Bob Evnen (R) in a lawsuit against two successful medical cannabis measures.

The brief formally adds allegations of circulator fraud and widespread malfeasance to Evnen’s complaint. However, Lancaster County District Judge Susan Strong anticipated those arguments already last Tuesday when she dismissed the case and ruled in favor of the ballot sponsors behind Nebraskans for Medical Marijuana.

The AG’s Office has not formally filed an appeal to the Nebraska Supreme Court, but Attorney General Mike Hilgers (R) told the Nebraska Examiner on Monday that his office was “taking advantage” of court rules that allow a party to formally amend a cross-claim, even after a verdict, to conform to the evidence presented at trial.

“It’s just a post-trial motion,” Hilgers said Monday. “We want to make sure our case is fully prepared for an appeal.”

Strong said last week the specific allegations were “not properly before the Court” but were presented at trial. The judge, in her ruling:

• Questioned the specific circulator’s credibility and said she found other witnesses to be more credible. She concluded that some of the circulator’s signatures were notarized outside the circulator’s presence and lost their “presumption of validity.”

• Rejected what she described as Evnen’s “numbers-optional theory” of widespread fraud and questioned whether it was allowed under the Nebraska Constitution. Even if it was, she said, the evidence would be “insufficient to invalidate the petitions.”

“The petitions fulfill all constitutional and statutory requirements and are thus, legally sufficient under Nebraska law,” Strong wrote.

Today, the election results of our two initiatives were officially certified! Thank you Nebraska for your overwhleming support of compassionate medical cannabis access for the patients in our state! https://t.co/2glajDFxurpic.twitter.com/RhNzDi5tw3

— Nebraskans for Medical Marijuana (@NebraskaMJ) December 2, 2024

Evnen and Hilgers joined Gov. Jim Pillen (R), State Treasurer Tom Briese (R) and State Auditor Mike Foley (R) to unanimously certify the November election results Monday, including the cannabis measures. They are set to take effect within 10 days at Pillen’s proclamation.

This story was first published by Nebraska Examiner.

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Photo courtesy of Chris Wallis // Side Pocket Images.