Nebraska’s dual medical cannabis bills, which were passed earlier this month as part of the election, are now set to go ahead after a lawsuit was dismissed by a county judge.
Business of Cannabis previously reported that Nebraska voters have approved two medical cannabis legalization measures, marking the third attempt by advocates to bring medical cannabis to the state.
The initiatives, led by Nebraskans for Medical Cannabis (NMM), aim to establish protections for qualified patients and create a state-regulated medical cannabis program. However, both measures still faced legal challenges that could prevent them from taking effect.
One such challenge has now been dismissed by Lancaster County District Court, Susan Strong, enabling the state’s medical cannabis framework to proceed, though appeals remain likely.
In her 57-page order, Judge Susan Strong emphasized that the case ‘was about numbers’, and the plaintiffs, including former State Senator John Kuehn and Nebraska Secretary of State Bob Evnen, failed to demonstrate that enough signatures were invalid to overturn the petitions.
NMM gathered over 114,000 signatures in July for each initiative. If enacted, the measures will require lawmakers to protect the rights of patients who obtain medical cannabis through a doctor’s recommendation and set up a Nebraska Medical Cannabis Commission to regulate the program.
Specifically, the court found that only 711 signatures on the legalization petition and 826 on the regulatory petition lost their ‘presumption of validity’, far short of the 3,463 and 3,357 signatures needed to challenge the petitions.
Judge Strong also rejected allegations of ‘widespread, coordinated’ wrongdoing in the gathering and submitting of signatures, citing insufficient evidence to support this claim.
NMM has welcomed the ruling, with Campaign Manager Crista Eggers stating: “Many years of hard work have gone into this effort… Knowing that another mother will soon have an option for her suffering child makes it all worthwhile.”
As the medical cannabis industry in Nebraska prepares for this new chapter, the initiatives will proceed to the State Board of Canvassers on Monday, consisting of five state constitutional officers, including Governor Jim Pillen and Secretary of State Evnen.
Following certification by the Governor, the new laws are expected to take effect within 10 days.
