Nebraska Supreme Court Takes Up Case Seeking To Overturn Medical Marijuana Measures Approved By Voters

“The fall of 2025 is likely the earliest to expect a system to be set up where you can get a medical card.”

By Zach Wendling, Nebraska Examiner

The Nebraska Supreme Court has decided to expedite the appeal of a lawsuit seeking to invalidate the state’s incoming medical cannabis laws, which will take effect within the next day.

In a brief order Wednesday, the highest Nebraska court ordered the legal challenge led by a longtime marijuana opponent—John Kuehn v. Secretary of State Robert Evnen et al.—to bypass the Nebraska Court of Appeals. Kuehn is appealing after a Lancaster County District Court judge ruled November 26 against his case.

District Judge Susan Strong ruled there was not enough evidence of alleged circulator fraud or notary malfeasance in the case, upholding the placement of the measures on the ballot.

The Supreme Court will set a deadline for briefs and then a date for oral arguments. The seven-member court is currently down to six after the retirement of Chief Justice Mike Heavican and elevation of Justice Jeffrey Funke in southeast Nebraska to fill the seat.

Kuehn, a longtime marijuana opponent, former Republican state senator and former member of the State Board of Health, filed a second lawsuit earlier this week arguing that legalizing medical marijuana would violate federal law and unconstitutionally delegate lawmaking authority.

The latest lawsuit—Kuehn v. Gov. James Pillen et al.—continues in Lancaster County District Court, again in front of Strong.

Strong denied a request Wednesday to block Pillen from signing the measures into law by his end-of-Thursday deadline. She left consideration of the merits until the future.

Pillen proclaimed the success of both measures Thursday, affirming the overwhelming support that the Nebraskans for Medical Marijuana campaign received at the ballot box to legalize (Initiative Measure 437) and regulate (Initiative Measure 438) the drug. Both measures are now law in the state of Nebraska.

Measure 437, which will legalize up to five ounces of medical marijuana with a licensed health care practitioner’s written recommendation, passed with 71 percent voter approval. The medical recommendation must state the potential benefits of cannabis outweigh the potential harms.

Measure 438, which will regulate the licensing for establishments to sell, distribute and manufacture medical cannabis in Nebraska, passed with 67 percent voter approval. It will create the Nebraska Medical Cannabis Commission, similar to the Nebraska Liquor Control Commission.

The new agency will have sole regulatory authority and must establish criteria to registered cannabis establishments by July 1, 2025. Licensing can begin no later than October 1, 2025.

Until those regulations are in place, it will not be legal to purchase medical cannabis within the Cornhusker State.

The Nebraskans for Medical Marijuana campaign cautioned supporters in a Saturday statement that it has always been the campaign’s goal to have a safe and regulated medical cannabis system, which a state regulatory body will ultimately decide next steps for.

“The fall of 2025 is likely the earliest to expect a system to be set up where you can get a medical card,” the campaign said. “Until then, we caution you to be wary of any scams that are popping up regarding obtaining medical cards or recommendations.”

This story was first published by Nebraska Examiner.

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