Former Nebraska state senator John Kuehn has filed a second lawsuit seeking to nullify two voter-approved medical cannabis access initiatives.
Late last month, a district court judge rejected another legal challenge that sought to invalidate the measures. Kuhn had been a party to that litigation as well.
The latest suit argues that state officials cannot legally regulate medical cannabis because marijuana remains federally prohibited. The suit alleges, “In November 2024, taxpayers paid for two statewide votes which together sought to obtain an objective that was unconstitutional, unlawful, and impossible: the legalization of the manufacturing, dispensing, and profiting off marijuana products for so-called medical purposes.”
Voters overwhelmingly approved the two ballot proposals: Measure 437 and Measure 438. Seventy-one percent of voters decided in favor of Measure 437, which permits qualified patients to possess and use cannabis. Sixty-seven percent of voters backed Measure 438, which establishes a regulated system for the production and distribution of medical cannabis.
Despite the pending lawsuit, Republican Governor Jim Pillen on Thursday signed proclamations codifying the measures into law.
In response to the litigation, Nebraskans for Medical Marijuana Campaign Manager Crista Eggers said: “With 70 percent support at the polls, Nebraska voters made it overwhelmingly clear that they support safe and regulated medical cannabis access. The assertion that Nebraska’s new medical cannabis laws violate the Supremacy Clause of the U.S. The Constitution disregards decades of state-led independence and innovation. Under the 10th Amendment of the Constitution, states have the right to address the unique needs of their citizens without undue interference. The campaign remains committed to defending Nebraska’s medical cannabis laws to ensure patients and families have access to the care they deserve.”
The newly filed litigation in Nebraska is the latest in a series of legal efforts spearheaded by marijuana legalization opponents. Since 2020, groups opposing marijuana policy reforms have litigated against a number of cannabis-related ballot measures. In some cases, those efforts have resulted in measures either being struck from the ballot or having the election results set aside.
“Whether or not one personally supports or opposes cannabis legalization, these cynical and undemocratic tactics ought to be a cause of deep concern,” NORML’s Deputy Director Paul Armentano said.
Additional information is available from Nebraskans for Medical Marijuana.
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