A former state senator and ex-member of the Nebraska State Board of Health, John Kuehn, has filed a legal challenge aimed at blocking two medical cannabis ballot petitions from appearing on the upcoming November 5 ballot.
As Business of Cannabis reported earlier this month, Nebraska is set to vote on two cannabis initiatives during the November presidential elections after each passed the threshold of signatures needed to place them on the ballot.
Among these are the Nebraska Medical Cannabis Patient Initiative, and the Nebraska Medical Regulation Initiative.
The former would seek to protect medical cannabis patients and their caregivers from facing legal recourse due to their medical cannabis usage.
Meanwhile, the second initiative seeks to create a state Medical Cannabis Commission to regulate medical cannabis businesses across the state.
Kuehn, a long-time opponent of cannabis legalization, argues that the petitions—backed by Nebraskans for Medical Marijuana—violate state constitutional procedures and federal law.
The lawsuit, filed in Lancaster County District Court, outlines seven key complaints, including the alleged invalidity of signatures and procedural violations.
Kuehn’s challenge seeks to prevent Nebraska Secretary of State Bob Evnen from certifying the petitions and, if they make it to the ballot, seeks to nullify any election results related to the measures.
These petitions aim to legalize and regulate medical cannabis, defining patient protections, caregiver roles, and medical provider guidelines.
Kuehn, represented by attorney Steven Guenzel, claims that many signatures were improperly accepted, pointing to a lack of public access to signature records and other discrepancies.
This marks the third attempt by Nebraskans for Medical Marijuana to place the issue on the ballot after previous efforts were blocked or failed to gain enough valid signatures.
The legal battle comes amid increasing national momentum for cannabis reform, with 38 states already allowing medical cannabis use and the federal government considering rescheduling marijuana under a lower classification.
The case could ultimately head to the Nebraska Supreme Court, with a tight timeline before early voting begins on September 20.