Jacy C. Todd, a former notary involved in separate Nebraska medical cannabis petitions in 2024, is appealing 24 criminal convictions related to allegations of improper notarizations. The appeal follows a February jury verdict and subsequent sentencing in Hall County, Nebraska, concerning the verification steps required for ballot initiatives.
The legal proceedings underscore the scrutiny applied to signature gathering processes for ballot measures, particularly those pertaining to medical cannabis access, building on earlier coverage of signature gathering issues for medical cannabis initiatives in Nebraska.
Legal Proceedings and Convictions
A Hall County jury found Mr. Todd, 55, guilty in February of 23 counts of official misconduct, each a Class II misdemeanor, and one count of making a false statement under oath. Hall County Court Judge Alfred Corey subsequently sentenced Mr. Todd to a fine of $3,866.44, payable by mid-April 2027, without imposing jail time. Each Class II misdemeanor charge carried a maximum fine of $1,000 and up to six months imprisonment, while the Class I misdemeanor carried a potential sentence of up to one year.
On May 11, Mr. Todd and his attorney, Mark Porto, filed a notice of intent to appeal the conviction and sentence, directing the matter to the Hall County District Court, according to a report by the Nebraska Examiner, syndicated by 1011now.com.
Context of the Notarization Dispute
The charges, filed by the Nebraska Attorney General’s Office and Hall County Attorney Marty Klein, stemmed from allegations that Michael K. Egbert, a paid petition circulator from Grand Island, never appeared before Mr. Todd to have his petitions notarized. This verification step is a legal requirement for ballot initiatives, including those for Nebraska medical cannabis petitions.
During a separate Lancaster County civil case in October 2024, which sought to invalidate the medical cannabis petitions, Mr. Todd stated he had always notarized documents correctly. Prosecutors contended that Mr. Todd’s statements were false and could have had a material effect on the outcome of that civil lawsuit, which is currently before the Nebraska Supreme Court. The high court heard arguments on December 3 but has not yet issued an opinion. Despite the challenges to Mr. Todd’s notarizations, the 2024 Nebraskans for Medical Marijuana campaign reportedly gathered a sufficient number of valid signatures to qualify for the 2024 ballot.
Appellate Arguments and Broader Implications
The appeal is expected to address several legal points. Initially, Judge Corey dismissed the criminal case against Mr. Todd, agreeing with the defense that notaries are not public officials subject to criminal prosecution for official misconduct. However, Hall County District Court Judge Andrew Butler reversed this decision in April 2025. Judge Butler, while reversing, noted his reservations regarding the prosecutorial resources allocated to the case, citing the significant public support for medical cannabis in the state, with approximately 71% of voters supporting legalization and 67% supporting regulation in 2024.
Mr. Porto has indicated that the appeal will also challenge the disparity in these judicial rulings and argue that the trial was compromised from its outset due to interruptions by prosecutors during a key part of the defense’s opening statement. The legal process could potentially extend to the Nebraska Supreme Court to resolve Mr. Todd’s conviction, setting a precedent for the enforcement of notarization requirements in future ballot initiatives.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
