LINCOLN — A Lancaster County District Court judge has dismissed key legal challenges against Nebraska’s two medical cannabis ballot measures, though the ruling is expected to be appealed. Judge Susan Strong issued a 57-page order on Tuesday, concluding that the lawsuit brought by former state senator John Kuehn, supported by Nebraska Secretary of State Bob Evnen and the Attorney General’s Office, failed to invalidate enough petition signatures to block the measures from the ballot.
The Nebraskans for Medical Marijuana campaign secured over 86,499 valid signatures for each measure, exceeding the required number by approximately 3,500. The two initiatives, Measures 437 and 438, aim to legalize and regulate medical cannabis. Voters overwhelmingly approved the measures with 71% and 67% support, respectively.
Judge Strong acknowledged some flaws in the petition process, including invalid signatures, but determined these issues were not significant enough to disqualify the petitions. She emphasized that the measures met all constitutional and statutory requirements, deeming them legally sufficient. However, Strong noted the likelihood of an appeal to the Nebraska Supreme Court.
Crista Eggers, campaign manager for Nebraskans for Medical Marijuana, expressed hope that the ruling will pave the way for regulated medical cannabis treatments in Nebraska. “Many years of hard work have gone into this effort,” Eggers stated, adding that the campaign’s goal is to provide safe options for patients in need. Meanwhile, the Attorney General’s Office said it is reviewing the ruling and considering its next steps.
The legal challenge centered on allegations of circulator fraud and improper notarizations. Kuehn and Evnen argued that all signatures associated with circulators or notaries accused of misconduct should be invalidated. However, Judge Strong rejected this broad application, stating that such a rule does not exist in Nebraska law and that the evidence of widespread fraud or misconduct was insufficient.
One circulator, Michael Egbert of Grand Island, admitted to forging signatures and received a misdemeanor conviction and a fine. Strong invalidated hundreds of signatures associated with Egbert but declined to extend that finding to other circulators or notaries. She also rejected claims that campaign leaders directed volunteers to destroy evidence or withhold information.
The medical cannabis petitions will proceed to the State Board of Canvassers on Monday for certification alongside other voter-approved measures. Certification is expected within 10 days, with the measures taking effect shortly afterward. Governor Jim Pillen and other state officials have indicated they will certify the results regardless of any appeal.
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