Nebraska Notary Has Charges Dropped in Medical Cannabis Case

Nebraska Judge Drops Charges Against Notary Public in Medical Cannabis Legal Challenge

A Nebraska judge recently dropped all charges against a notary public who had been caught up in a legal challenge against the state’s medical cannabis ballot initiatives, which were approved by voters earlier this month. The decision comes as a significant development in the ongoing legal battle surrounding medical cannabis legalization in Nebraska.

The Case Against Jacy C. Todd

Jacy C. Todd, a 53-year-old notary public, had been charged with 24 counts of “official misconduct”. The state accused Todd of improperly notarizing pages of petition signatures for the medical cannabis ballot initiatives. Prosecutors argued that as a notary, Todd had a duty to ensure the authenticity of the signatures, and that she knowingly violated the law in this regard.

Todd’s actions were brought into question after the petitions calling for the legalization of medical cannabis were circulated in Nebraska, and the validity of those signatures became the subject of a legal challenge. This challenge was initiated by the Nebraska Attorney General’s Office, which claimed that notarial misconduct and alleged circulator fraud had tainted a significant number of signatures.

Judge Dismisses All Charges

In a ruling on Friday, Hall County Judge Alfred Corey accepted a request from Todd’s attorney to dismiss the charges. The judge’s opinion noted that while notary duties are important, they are “clerical and ministerial” in nature, rather than being integral to the heart of representative government.

Judge Corey wrote in his opinion that notary publics are not public servants performing governmental functions. While acknowledging the importance of a notary’s role in ensuring that duties are carried out with integrity, he emphasized that notarial duties do not have the same implications as those directly tied to government functions, such as those performed by elected officials.

The Broader Legal Case Continues

While the charges against Todd have been dismissed, the broader legal challenge against the medical cannabis ballot measures is far from over. The Nebraska Attorney General’s Office is still pursuing a case in Lancaster County, where District Judge Susan Strong is reviewing allegations of circulator fraud and notarial misconduct. The case seeks to invalidate a large number of signatures collected for the medical cannabis initiatives.

This case will ultimately determine whether the two medical cannabis measures that appeared on the ballot this month stand as certified by state officials. The two measures, which were approved by Nebraska voters, are as follows:

Medical Cannabis Legalization: The first measure legalizes the use of medical cannabis for qualified patients.

Regulation of Cannabis Cultivation and Sale: The second measure establishes a framework for regulating the cultivation and sale of medical cannabis products.

If upheld, these measures would mark a significant step forward in the state’s medical cannabis policy, providing access to patients in need of medical marijuana treatments and creating a regulatory framework for the industry.

A History of Legal Challenges to Cannabis Ballot Initiatives

This legal battle in Nebraska follows a similar situation in 2020, when a single medical cannabis petition was invalidated by the courts. The court ruled that the petition violated state law by covering more than one issue, a requirement for ballot initiatives in Nebraska. As a result, the 2020 effort to legalize medical cannabis in the state was unsuccessful.

Despite this setback, Nebraska voters have now approved two separate cannabis measures this year. The approval of these initiatives marks a pivotal moment for the state’s cannabis reform movement, though the legal challenges to the validity of the petition signatures continue to pose a significant hurdle.

Public Reaction to the Dismissal

The dismissal of charges against Jacy Todd has sparked mixed reactions among Nebraska residents. Supporters of medical cannabis legalization see it as a win for the campaign, especially given that the legal challenge surrounding signature collection has been a point of contention throughout the process.

Opponents, however, may view the dismissal as an indication that the legal process surrounding the medical cannabis initiatives is not as thorough as it could be. With the case still ongoing in Lancaster County, many are watching closely to see how the courts will handle the larger question of whether alleged fraud and misconduct will impact the validity of the signatures that brought the medical cannabis initiatives to the ballot.

Next Steps for Medical Cannabis in Nebraska

As the legal battles continue, both advocates and opponents of medical cannabis in Nebraska are awaiting the outcome of Judge Susan Strong’s review of the case. The results of this case will have far-reaching implications for the future of cannabis legalization in the state. If the court rules in favor of the Attorney General’s Office and finds that a significant number of signatures are invalid, it could derail the medical cannabis measures approved by voters.

However, if the court upholds the validity of the signatures, Nebraska will have officially joined the growing number of states that have legalized medical cannabis. This would open the door for qualified patients to access cannabis as a treatment option and create new economic opportunities in the cannabis industry.

The legal drama surrounding Nebraska’s medical cannabis ballot initiatives is far from over, but the recent dismissal of charges against Jacy Todd is a significant moment in the ongoing legal challenge. While this particular case has been resolved, the broader issue of the validity of the petition signatures continues to hang in the balance. The outcome of the case currently being reviewed by Judge Susan Strong will determine whether the medical cannabis initiatives will stand, signaling a crucial chapter in Nebraska’s journey toward cannabis legalization.