{"id":79348,"date":"2024-12-11T15:07:25","date_gmt":"2024-12-11T23:07:25","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/12\/11\/nebraska-judge-rejects-effort-to-block-governor-from-certifying-medical-marijuana-initiatives-that-voters-approved-last-month\/"},"modified":"2024-12-11T19:45:59","modified_gmt":"2024-12-12T03:45:59","slug":"nebraska-judge-rejects-effort-to-block-governor-from-certifying-medical-marijuana-initiatives-that-voters-approved-last-month","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/12\/11\/nebraska-judge-rejects-effort-to-block-governor-from-certifying-medical-marijuana-initiatives-that-voters-approved-last-month\/","title":{"rendered":"Nebraska Judge Rejects Effort To Block Governor From Certifying Medical Marijuana Initiatives That Voters Approved Last Month"},"content":{"rendered":"<\/p>\n

\u201cI do not feel that there is about to be immediate and irreparable harm to the plaintiff\u2019s interests,\u201d the judge said. \u201cI also find that the public interest does not favor issuance of the injunction.\u201d<\/em><\/p>\n

By Zach Wendling, Nebraska Examiner<\/strong><\/p>\n

A district judge considering a challenge to void Nebraska\u2019s incoming medical cannabis laws<\/a> denied a request Wednesday to block them from taking effect this week.<\/p>\n

Lancaster County District Judge Susan Strong refused to prevent Gov. Jim Pillen (R) from signing the proclamations by the end of the day on Thursday that would legalize and later regulate medical cannabis in Nebraska. Those would be the final steps of the voter-led initiative process.<\/p>\n

\u201cI do not feel that there is about to be immediate and irreparable harm to the plaintiff\u2019s interests,\u201d Strong said at a Wednesday hearing. \u201cI also find that the public interest does not favor issuance of the injunction.\u201d<\/p>\n

After Strong\u2019s decision, a spokesperson for Pillen confirmed that \u201cthe governor will comply with his statutory duty to sign the proclamations by the required deadline.\u201d<\/p>\n

The broader lawsuit arguing the measures violate federal law and unconstitutionally delegate lawmaking authority away from the Legislature continues in Strong\u2019s courtroom. It was filed Tuesday against Pillen, Secretary of State Bob Evnen (R) and the three sponsors of the ballot initiatives that voters widely adopted in November.<\/p>\n

This is the second legal challenge against the measures led by John Kuehn, a former state senator, former member of the State Board of Health and a longtime marijuana opponent.<\/p>\n

Attorneys for Pillen and the ballot sponsors argued in court that the request would force the governor to violate his constitutional duties.<\/p>\n

Initiative Measure 437 passed with 71 percent of Nebraskans\u2019 support to legalize up to 5 ounces of medical cannabis<\/a> with a written doctor\u2019s recommendation.<\/p>\n

Initiative Measure 438 passed with 67 percent voter approval to regulate the drug through a newly created Nebraska Medical Cannabis Commission, whose licensing and regulatory authority broadly mirrors and includes the three members of the Nebraska Liquor Control Commission.<\/p>\n

Once the measures become law, Nebraska will become the 39th state to authorize some form of medical cannabis. Nearly every state except Nebraska has legalized some form of cannabis or its derivatives, and about two dozen states allow recreational marijuana sales and distribution.<\/p>\n

Looming proclamation deadline<\/strong><\/p>\n

Pillen and four other state constitutional officers unanimously certified the November 5 election results during a December 2 meeting.<\/p>\n

The Nebraska Constitution and state law give the governor a 10-day deadline after the election is certified to declare which ballot measures voters approved. Once that step is taken, the measures become law.<\/p>\n

Pillen\u2019s predecessor, U.S. Sen. Pete Ricketts, R-Neb., signed off on eight ballot measures that passed during his time as governor. Ricketts signed all eight measures within eight days. Pillen\u2019s ninth day was Wednesday.<\/p>\n

Attorney Daniel Gutman, speaking for the ballot sponsors of Nebraskans for Medical Marijuana, said the \u201cstatus quo\u201d is that the measures will become law with Pillen\u2019s signature.<\/p>\n

\u201cI know that a handful of people in very powerful positions in the state are having a really hard time grappling with this election result, and frankly, they\u2019re turning to the judiciary to overturn it,\u201d Gutman said. \u201cTo say that an injunction preventing the overwhelming will of Nebraska voters is in those voters\u2019 best interests is frankly offensive to the electorate.\u201d<\/p>\n

\u2018A small insular government\u2019<\/strong><\/p>\n

Kuehn attorney Eddie Greim of Kansas City, Missouri, argued that Strong should block Pillen from signing because the new laws would:<\/p>\n