The outcome of November polls that gave the green light for legalizing medical marijuana in Nebraska continues to face legal headwinds.
After failed attempts in previous years, legalizing medical cannabis was put in front of the state’s voters in November and both initiatives passed. One initiative was the Patient Protection Act, which would protect eligible patients and their caregivers from arrest. The other was for the Medical Cannabis Regulation Act; establishing the Nebraska Medical Cannabis Commission to regulate businesses providing medicines.
But the win was overshadowed by an investigation conducted by the Attorney General’s office that uncovered issues with the signature gathering for the ballot initiatives.
In late November, Lancaster County District Court Judge Susan Strong dismissed a related lawsuit, ruling that both initiatives “fulfill all constitutional and statutory requirements” under Nebraska law.
Commenting on the outcome at the time, Nebraskans for Medical Marijuana (NMM) Campaign Manager Crista Eggers said:
“We are grateful that the vote of the people will be upheld and Nebraska patients will soon have access to safe and regulated medical cannabis treatment. We have long been committed to seeing this day through, and we are pleased with Judge Strong’s decision.”
On December 3, the two initiatives were officially certified and the Governor was to sign the measures into law on December 12.
But on December 10, another lawsuit was filed challenging the initiatives.
According to the Nebraska Examiner, the new lawsuit argues state-level marijuana laws are “unconstitutional, unlawful, and impossible”. But the vast majority of US states have some form of state medical cannabis laws.
Commenting on the new action, Ms. Eggers stated:
“The assertion that Nebraska’s new medical cannabis laws violate the Supremacy Clause of the U.S. 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.”
NMM says it remains committed to defending Nebraska’s medical cannabis laws.
If the latest lawsuit is successful; it could have effects outside of Nebraska, serving as template for challenges to other states’ programs.
At the time of writing, it wasn’t clear if Governor Pillen still intends signing the measures into law.
