Nebraska is facing renewed legal battles over its medical cannabis laws. Despite the overwhelming voter approval of two ballot measures in November’s general election, a new legal challenge has emerged seeking to void the results and prevent the state from adopting these initiatives. Former State Senator John Kuehn, a long-standing opponent of medical cannabis in Nebraska, filed a lawsuit on Tuesday against Governor Jim Pillen, Secretary of State Bob Evnen, and Nebraskans for Medical Marijuana campaign members in a bid to block the measures from becoming law.
What Are Nebraska’s Medical Cannabis Ballot Measures Currently Under Fire?
The two ballot measures in question—Initiative Measures 437 and 438—aim to legalize and regulate medical cannabis in Nebraska.
- Measure 437 would allow individuals with a doctor’s recommendation to purchase and possess up to five ounces of medical cannabis.
- Measure 438 would establish the Nebraska Medical Cannabis Commission tasked with creating regulations and licensing medical cannabis retailers, with a target rollout by October 2025.
Both measures passed in the November 5 general election with significant support, receiving approval from 71% and 67% of voters, respectively. Supporters hailed the results as a clear signal that Nebraskans support accessible, regulated medical cannabis.
Yet, these widely supported measures face strong opposition as Kuehn’s lawsuit seeks to halt their enactment once again.
The Legal Challenge at Hand
John Kuehn’s legal efforts represent a staunch opposition to Nebraska’s cannabis initiatives. This latest lawsuit, first reported by the Nebraska Examiner, marks the second he has filed in just a few months, following a previous attempt in September to block the initiatives. While his earlier case was dismissed by a Lancaster County judge, Kuehn has appealed the decision.
Kuehn’s lawsuit argues that the initiatives are unconstitutional for several reasons, largely invoking the federal government’s ongoing classification of marijuana as a prohibited substance. Some of his core arguments include:
- Violation of Federal Law: Kuehn alleges that the measures are “squarely at odds” with federal law, which currently prohibits the production, distribution, and use of marijuana.
- Supremacy Clause of the U.S. Constitution: He argues that state marijuana laws cannot override federal regulations and that allowing these initiatives to become law would create conflicts with federal statutes.
- Improper Delegation of Legislative Power: Kuehn contends that establishing a new regulatory agency, as proposed in Measure 438, unlawfully transfers legislative power to an unelected body.
- Concerns Over Taxpayer Funds: The lawsuit claims taxpayer dollars cannot be spent to support activities deemed illegal under federal law.
Under Nebraska law, Governor Jim Pillen must formally declare the success of ballot measures following an election. This step officially establishes them as law, and the deadline for this declaration is today. However, Kuehn’s lawsuit seeks to block Pillen from making this proclamation. Attorneys for Kuehn argue that Pillen has a greater constitutional duty to refuse the measures based on their alleged unconstitutionality at the federal level.
Nebraska Cannabis Advocates Respond
Crista Eggers, the campaign manager for Nebraskans for Medical Marijuana, has stated since the new lawsuit that “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. Nebraskans made it overwhelmingly clear that they support safe and regulated medical cannabis access.”
“The campaign remains committed to defending Nebraska’s medical cannabis laws to ensure patients and families have access to the care they deserve,” she said.
If successful, Kuehn’s lawsuit could have far-reaching consequences. Not only could it disrupt Nebraska’s medical cannabis implementation, but it could also serve as a precedent to challenge cannabis laws in other states, potentially undermining the progress made by 38 states that already allow some form of medical or recreational marijuana use.
Decades of Legal and Political Battles
Kuehn’s lawsuit is representative of Nebraska’s long-standing challenges to legalize medical marijuana. Previous ballot initiatives have faced significant hurdles, including accusations of fraud and inadequate petition signatures.
For example, Kuehn’s September lawsuit alleged widespread fraud during the petition process that enabled Measures 437 and 438 to qualify for the ballot. When a judge dismissed this challenge, Kuehn withdrew some of his broader legal arguments but later revived them in his current lawsuit.
His opposition is backed by other state officials, including Secretary of State Bob Evnen and Attorney General Mike Hilgers, who have raised objections to the petitions and ballot measures.
Despite these efforts, Nebraska voters have consistently shown support for cannabis reform, a fact reflected in the substantial voter approval of the latest initiatives.
What Happens Next?
The fate of Nebraska’s medical cannabis measures now hangs in the balance as the legal battle intensifies. Lancaster County District Judge Susan Strong, who dismissed Kuehn’s earlier lawsuit as mentioned earlier, will now oversee the latest case. She will hear arguments on Kuehn’s request to block Governor Pillen from issuing the required proclamation.
If Judge Strong grants the injunction, it could delay the implementation of Nebraska’s medical cannabis laws indefinitely, leaving patients and advocates in limbo.
This ongoing legal fight reflects the broader challenges faced by states attempting to regulate cannabis while navigating conflicting federal laws. Even as public support for cannabis legalization grows across the U.S., legal and political barriers continue to impose significant obstacles.
With the federal government considering reclassifying marijuana as less dangerous, as well as increasing state autonomy under the 10th Amendment, these legal battles could hold long-term implications for cannabis policy nationwide.
For now, the future of medical cannabis in Nebraska remains uncertain, hinging on the outcome of this legal dispute. Both opponents and advocates recognize the high stakes of this case, as it could shape state cannabis laws for years to come.
