Lancaster County District Court Judge Susan Strong has dismissed a legal challenge aimed at invalidating medical marijuana initiatives that were overwhelmingly approved by voters earlier this month.
According to Judge Strong, the petitions met all constitutional and statutory requirements, making them legally sufficient under Nebraska law. This allows the law to take effect on December 12, although the decision may be appealed to the Nebraska Supreme Court.
Earlier this month, Nebraskans overwhelmingly voted in favor of legalizing medical marijuana and implementing a regulatory framework for sales, with 70% of voters supporting the initiatives. Certification of the election results is expected next week.
Judge Strong highlighted that the case centered on invalidating a significant number of signatures. The plaintiffs and the Secretary of State needed to demonstrate that 3,463 signatures on the Legalization Petition and 3,357 signatures on the Regulatory Petition were invalid. However, they fell short. The court only invalidated 711 signatures on the first petition and 826 on the second, far below the number required to render the petitions insufficient.
The court also addressed allegations of improper notarization, which suggested petitions were notarized outside the circulators’ presence. Judge Strong pointed to a lack of pervasive evidence supporting these claims, citing thousands of text messages between campaign leaders Crista Eggers and Garrett Connely. Of these messages, only one referenced notarizing petitions improperly. The judge remarked that if such a practice were widespread, there would be far more evidence to support the claim.
During this month’s election, Nebraska voters approved the Nebraska Medical Cannabis Patient Protection Act (Initiative 437) and the Nebraska Medical Cannabis Regulation Act (Initiative 438). The Patient Protection Act safeguards patients by allowing possession of up to five ounces of marijuana for medical use and provides legal protections for healthcare providers recommending it. The Regulation Act establishes the Nebraska Medical Cannabis Commission, which will oversee a licensed and regulated system of dispensaries offering marijuana products, including concentrates and edibles.
