In a continued legal battle over medical cannabis legalization in Nebraska, John Keuhn, a former Nebraska state senator and ex-member of the State Board of Health, has filed a new lawsuit seeking to block the recently passed medical cannabis reforms. The legal challenge comes just weeks after a previous suit attempting to invalidate the petitions behind the successful medical cannabis initiative was dismissed.
Keuhn’s Continued Legal Fight Against Medical Cannabis Reform
The new lawsuit was filed in Lancaster County District Court, and it once again targets the medical cannabis legalization measures that were overwhelmingly approved by Nebraska voters in the November 2024 election. This marks the second time Keuhn, who is a vocal opponent of medical cannabis reform, has sought legal means to prevent the implementation of cannabis legalization in the state.
Keuhn’s previous lawsuit, which sought to invalidate the petitions for medical cannabis, was dismissed by Judge Susan Strong of the Nebraska District Court just two weeks ago. The dismissal has since been appealed. In the new lawsuit, Keuhn argues that the state-level cannabis reforms are “unconstitutional, unlawful, and impossible” under federal law.
The lawsuit asserts that the two voter-approved initiative measures, which legalize medical cannabis use and establish a state-regulated system for cultivation, processing, and dispensing, should not take effect due to their alleged constitutional violations. The complaint also criticizes the process by which the measures were put on the ballot.
The Basis of the New Lawsuit
In the new filing, Keuhn emphasizes that the two initiatives, which were designed by activists, should not have passed into law without judicial scrutiny. He argues that the reforms present “unconstitutional” issues that need to be addressed before Nebraska spends taxpayer money on implementing a medical cannabis system.
Voters Approve Medical Cannabis Measures by Wide Margin
Despite these ongoing legal challenges, Nebraska voters strongly supported the medical cannabis initiatives in the November election. The two ballot measures passed with overwhelming support. The first measure legalized the use and possession of medical cannabis for qualifying patients, while the second established a framework for the state-regulated cultivation, processing, and dispensing of medical cannabis.
This marks the second time Nebraska voters have weighed in on medical cannabis. A 2020 attempt to place cannabis on the ballot was struck down by the state’s Supreme Court for violating the single-issue clause of the state constitution, forcing activists to split the initiative into two measures for the 2024 election.
Campaign Supporters Defend the Legalization Effort
Crista Eggers, the campaign manager for the medical cannabis ballot measures, responded to Keuhn’s latest legal move by emphasizing that the people of Nebraska have made their views clear. She pointed to the decisive margin by which the measures were approved, asserting that Nebraskans overwhelmingly support regulated medical cannabis access.
Eggers further highlighted that the 10th Amendment of the U.S. Constitution grants states the authority to regulate matters such as medical cannabis, without undue interference from the federal government.
The Road Ahead for Nebraska’s Medical Cannabis Laws
As Keuhn’s new lawsuit makes its way through the courts, the future of Nebraska’s medical cannabis reforms remains uncertain. However, the overwhelming support from Nebraska voters suggests that there is significant public backing for the legalization measures.
The state’s health department and other authorities are preparing for the implementation of the medical cannabis system, which would include the establishment of dispensaries, cultivation facilities, and distribution networks. However, the outcome of Keuhn’s legal challenges could delay or reshape the timeline for implementation.
A Legal Battle with National Implications
The outcome of the lawsuit is likely to have broader implications for the ongoing national debate around state-level cannabis legalization. As more states pass medical or recreational cannabis laws, legal challenges like the one in Nebraska are expected to continue. The tension between state autonomy and federal law remains a key issue, especially as more states push forward with their cannabis initiatives.
While Keuhn’s legal battles may slow the progress of medical cannabis in Nebraska, the strong public support for legalization signals that the state’s cannabis industry is poised for growth. Whether or not the reforms take effect as planned will depend on the outcome of this latest legal challenge, but one thing is clear: the conversation about cannabis in Nebraska is far from over.
