Nebraska medical marijuana suit now includes more state officials

A former Nebraska state senator has added a half-dozen state officials to a lawsuit seeking to undo voter-approved medical marijuana legalization.

John Kuehn, who is also a former member of the state’s Board of Health and a co-founder of anti-cannabis organization Smart Approaches to Marijuana, amended an earlier lawsuit to include four new defendants, according to the Nebraska Examiner.

Kuehn first went to the courts to halt medical marijuana legalization in September, when he attempted to challenge the ballot initiative process that led to two MMJ measures going before Nebraska voters last November.

He previously has named as defendants Nebraska Gov. Jim Pillen, Secretary of State Bob Evnen and the three ballot sponsors.

Voters approved the measures, which legalized medical cannabis in the state and created a regulatory authority that’s tasked with crafting rules by July 1.

In his amended complaint, Kuehn has added as defendants:

• Three members of the Nebraska Liquor Control Commission, which is tasked with setting up a state Medical Cannabis Commission.
• State Treasurer Tom Briese.
• Tax Commissioner Jim Kamm.
• Nebraska Department of Health and Human Services CEO Steve Corsi.

Lancaster County District Judge Susan Strong, who oversaw Kuehn’s first lawsuit, will also preside over the current effort, the Examiner reported.

Some state officials have hinted they support Kuehn’s determined effort.

According to the Examiner, the governor and state Attorney General Mike Hilgers question whether the state medical marijuana measures are legal under either the state constitution or federal law.