Medical Marijuana Legalization Takes Effect in Nebraska After Lawsuit Dismissal
Last November, when Nebraska voters overwhelmingly approved a pair of medical marijuana initiatives, the fate of those measures was unclear because of a pending legal challenge. But a subsequent ruling rejected that challenge, allowing authorized patients to possess up to five ounces of marijuana, a change that took effect last month. The decision also cleared the way for state licensing of medical marijuana dispensaries, which could start operating next year.
Initiative 437, which passed by a whopping 42-point margin, eliminated criminal penalties for marijuana possession by patients with a recommendation from a “health care practitioner.” To meet that requirement, a physician, physician assistant, or nurse practitioner must state that, in his professional judgment, “the potential benefits of cannabis outweigh the potential harms for the alleviation of a patient’s medical condition, its symptoms, or side effects of the condition’s treatment.” The initiative does not specify which medical conditions can be treated with cannabis.
Initiative 438, which voters approved by a 2–1 margin, established the Nebraska Medical Cannabis Commission, which is required to establish criteria for licensing growers and distributors by July 1. The commission, which consists of the same three officials who comprise the Nebraska Liquor Control Commission, has to start issuing licenses by October 1.
John Kuehn, a former Republican state senator, tried to block the initiatives by arguing that many of the signatures that put them on the ballot were invalid. On November 1, Lancaster County District Judge Susan Strong ruled that the votes on the initiatives should be counted despite the pending case. Three weeks after the election, Strong dismissed Kuehn’s lawsuit, saying he had fallen far short of showing that the number of invalid petition signatures was large enough to disqualify the initiatives. “The petitions fulfill all constitutional and statutory requirements and are thus legally sufficient under Nebraska law,” Strong wrote.
On December 12, Gov. Jim Pillen issued proclamations that allowed the initiatives to take effect. At the same time, Pillen and Attorney General Mike Hilgers averred that “serious issues remain regarding the validity of the
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