Nebraska Medical Cannabis Initiatives on Trial Amid Early Voting

Nebraska Medical Cannabis Legalization Campaign Faces Last-Minute Court Challenge Amid Early Voting

Opening arguments began Tuesday in a last-minute legal challenge to Nebraska’s medical marijuana (MMJ) legalization campaign, as voters continue casting ballots just one week before Election Day. The case, brought by former state senator and anti-cannabis advocate John Kuehn, and later supported by Secretary of State Bob Evnen, questions the validity of signatures submitted for two ballot initiatives on medical marijuana legalization.

The lawsuit centers on whether votes cast for the MMJ initiatives—one that would legalize medical cannabis and another that would establish a regulated market—will ultimately be counted. Both measures gained a spot on the ballot following a certification of signatures by Secretary Evnen in September, despite allegations of questionable petition signatures and charges filed against a paid signature gatherer accused of forgery.

The Challenge Against Nebraskans for Medical Cannabis

The legal battle emerged as Nebraskans for Medical Marijuana gathered nearly 115,000 signatures to qualify the two MMJ measures for the ballot. On September 12, Kuehn filed a lawsuit asserting that a substantial number of these signatures were invalid. Hours before Evnen certified the petitions, criminal charges were also filed against a signature gatherer, who allegedly submitted forged voter signatures. This incident prompted Evnen to join the suit, arguing that nearly 50,000 of the signatures might be invalid.

Kuehn’s lawsuit alleges multiple signatures should be disqualified based on the forged signatures, leading to a separate legal challenge from Secretary Evnen. He claims that roughly 50,000 of the campaign’s submitted signatures are potentially invalid due to the involvement of the accused gatherer and additional questions around notary practices.

Legal Burden of Proof on the State

Lancaster County District Court Judge Susan Strong, presiding over the case, noted earlier this month that the burden of proof rests on Evnen and Kuehn. According to pretrial instructions, the plaintiffs must demonstrate that the alleged fraud was intentional and not simply the result of clerical errors. If they can prove intentional fraud affected a significant number of signatures, the court could invalidate the MMJ initiatives. However, if the plaintiffs fail to meet this burden, the case will conclude without further impact on the ballot measures.

In their defense, Nebraskans for Medical Marijuana contends that any alleged wrongdoing was isolated, arguing that Secretary Evnen has not demonstrated intentional malfeasance on the part of the notaries. The campaign’s court filing argues that disqualifying an entire group of signatures due to the actions of a single notary would be unreasonable and overly punitive.

Public Opinion and Ongoing Voting

As the court proceedings continue, early voting remains active in Nebraska, with voting underway for more than three weeks. A recent Midwest Newsroom/Emerson College Polling survey indicates that medical marijuana legalization has broad public support, with 59% of respondents in favor, 33% opposed, and 8% undecided. This widespread support suggests that, if the measures remain on the ballot, they stand a strong chance of passing.

The History and Structure of Nebraska’s MMJ Ballot Measures

The current MMJ ballot initiatives were structured separately in response to a 2020 ruling from the Nebraska Supreme Court, which deemed a combined legalization measure unconstitutional. As a result, cannabis advocates developed two distinct initiatives: one to legalize medical marijuana for qualified patients and another to establish a regulatory framework for MMJ distribution and sales. These separate measures were intended to comply with constitutional guidelines and avoid legal pitfalls that derailed previous efforts.

The legal dispute unfolding in Lancaster County District Court, however, places these carefully crafted measures at risk. Judge Strong’s ruling could potentially invalidate one or both measures if the plaintiffs successfully demonstrate widespread issues with the signature-gathering process.

Signature Verification and Potential Witness Testimony

The state’s attorney general, acting on behalf of Secretary Evnen, has subpoenaed election officials to testify about the verification process for the disputed signatures. Additionally, Jacy Todd, a notary facing charges related to the disputed petitions, has reportedly been contacted by the attorney general’s office. Todd’s attorney filed an affidavit stating that the attorney general suggested potential legal benefits for Todd if he agreed to testify in the case, though Todd ultimately declined to do so.

If Judge Strong finds that the state has not proven its case, the MMJ initiatives will remain on the ballot. Alternatively, if the plaintiffs demonstrate sufficient evidence of intentional fraud, the court could deem the petitions invalid, nullifying the measures just before Election Day.

Looking Ahead: Potential Outcomes and Impact

The timing of the case means a decision might not come before Election Day, leaving voters in uncertainty as to whether their votes on the MMJ initiatives will ultimately be counted. If Judge Strong invalidates the measures, the ballots cast for medical marijuana legalization would effectively be disregarded. If the case fails to meet the burden of proof, however, the votes will remain valid, allowing Nebraskans to decide on medical marijuana legalization.

The outcome of this case holds significant implications for both cannabis advocates and opponents in Nebraska, potentially setting precedents for future ballot initiatives. If the MMJ measures are removed, advocates may face further delays in securing medical marijuana legalization in the state, even as public opinion continues to lean in favor of the cause.

As the trial proceeds, the stakes remain high for Nebraskans for Medical Marijuana, who argue that the campaign has followed all necessary guidelines to ensure fair and valid signature collection. With the court proceedings expected to continue through the week, the case has drawn attention across the state, as voters await clarity on the fate of Nebraska’s latest attempt at medical marijuana reform.