{"id":79366,"date":"2024-12-11T06:02:13","date_gmt":"2024-12-11T14:02:13","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/12\/11\/nebraska-lawsuit-seeks-to-block-governor-from-certifying-medical-marijuana-initiatives-that-voters-approved-at-the-ballot\/"},"modified":"2024-12-11T19:46:36","modified_gmt":"2024-12-12T03:46:36","slug":"nebraska-lawsuit-seeks-to-block-governor-from-certifying-medical-marijuana-initiatives-that-voters-approved-at-the-ballot","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/12\/11\/nebraska-lawsuit-seeks-to-block-governor-from-certifying-medical-marijuana-initiatives-that-voters-approved-at-the-ballot\/","title":{"rendered":"Nebraska Lawsuit Seeks To Block Governor From Certifying Medical Marijuana Initiatives That Voters Approved At The Ballot"},"content":{"rendered":"<\/p>\n

\u201cThe time for that reckoning is now, before further taxpayer funds are spent on a futile effort.\u201d<\/em><\/p>\n

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

A top opponent of medical cannabis in Nebraska filed a new lawsuit Tuesday seeking to void two successful 2024 ballot measures to legalize and regulate the drug<\/a>.<\/p>\n

Gov. Jim Pillen (R) has until Thursday under the Nebraska Constitution and state law to declare which measures were successful.<\/p>\n

John Kuehn of Heartwell, a former state senator and former member of the State Board of Health, filed his second lawsuit this fall against the Nebraskans for Medical Marijuana campaign, as well as Nebraska Secretary of State Bob Evnen (R). The new lawsuit was filed in Lancaster County District Court, where Kuehn on November 26 lost and is appealing a related case.<\/p>\n

The latest lawsuit, which includes Pillen this time, argues state-level marijuana laws are \u201cunconstitutional, unlawful, and impossible\u201d and that the campaign\u2019s efforts to create and delegate exclusive regulation of the drug to a new executive agency is prohibited.<\/p>\n

\u201cThe votes were held on two activist-drafted initiative measures which had, to that point, evaded any judicial review for their compliance with the United States Constitution or Nebraska Constitution,\u201d the lawsuit states. \u201cThe time for that reckoning is now, before further taxpayer funds are spent on a futile effort.\u201d<\/p>\n

\u2018State-led independence and innovation\u2019<\/strong><\/p>\n

Thirty-eight states already authorize some form of medical cannabis, about two dozen of which also allow recreational marijuana sales and distribution.<\/p>\n

Crista Eggers, one of three sponsors for the ballot measures and the campaign manager, said Tuesday that 48 other states have laws legalizing some form of cannabis or its derivatives. She said Nebraskans last month made it \u201coverwhelmingly clear that they support safe and regulated medical cannabis access.\u201d<\/p>\n

\u201cThe assertion that Nebraska\u2019s new medical cannabis laws violate the Supremacy Clause of the U.S. Constitution disregards decades of state-led independence and innovation,\u201d Eggers said in a statement. \u201cUnder the 10th Amendment of the Constitution, states have the right to address the unique needs of their citizens without undue interference.\u201d<\/p>\n

\n

Eggers continued: \u201cThe campaign remains committed to defending Nebraska\u2019s medical cannabis laws to ensure patients and families have access to the care they deserve.\u201d<\/p>\n

If successful, Kuehn\u2019s lawsuit could have ripple effects, including serving as a vehicle to challenge marijuana laws in other states. The federal government has been in the process of reclassifying marijuana as a less dangerous drug.<\/p>\n

The medical cannabis campaign had no immediate comment on Tuesday evening.<\/p>\n

Measures set to take effect<\/strong><\/p>\n

Kuehn previously argued that the measures would violate federal law if successful when he filed his first lawsuit on September 12. The core of that case alleged the measures should not have been placed on the ballot to begin with by Evnen. He argued neither secured enough valid petition signatures. His previous lawsuit included the new lawsuit\u2019s broader arguments and later withdrew them.<\/p>\n

Evnen, represented by the Attorney General\u2019s Office as a defendant in Kuehn\u2019s case, later joined Kuehn\u2019s challenge to invalidate the measures. Evnen and the AG\u2019s Office alleged widespread petition circulator fraud and notarial malfeasance<\/a>. Evnen himself certified the initiatives for the ballot.<\/p>\n

Lancaster County District Judge Susan Strong denied the arguments from Kuehn and Evnen, and Kuehn has appealed the case to the Nebraska Court of Appeals<\/a>.<\/p>\n

On December 2, the State Canvassing Board\u2014which consists of Pillen, Evnen, Attorney General Mike Hilgers, State Treasurer Tom Briese and State Auditor Mike Foley\u2014unanimously approved the election results for Initiative Measures 437 and 438 at the November 5 election.<\/p>\n

Those measures respectively passed with 71 percent and 67 percent voter approval.<\/p>\n

Strong was assigned Kuehn\u2019s new case as well, which is headed to her courtroom Wednesday afternoon. She will consider an initial request to block Pillen from formally signing the measures into law.<\/p>\n

The Governor\u2019s Office has not responded to multiple requests for comment on if or when Pillen will sign those proclamations. The office had no immediate comment on the lawsuit.<\/p>\n

Staff for Evnen did not respond to requests for comment Tuesday evening. A spokesperson for Hilgers, whose office defends state officials, declined to comment.<\/p>\n

\u2018Squarely at odds\u2019 with federal law<\/strong><\/p>\n

Kuehn\u2019s attorneys urged Pillen in a letter Friday not to sign the proclamations. The letter gave him until Tuesday morning to respond. They argued Pillen is \u201cunder no such compulsion\u201d to declare the measures successful because federal law classifies marijuana as a dangerous drug.<\/p>\n

Kuehn attorney Edward Greim of Kansas City, Missouri, whose past clients include associates of President-elect Donald Trump after the 2020 election and former Missouri Gov. Eric Greiten against a 2018 impeachment threat, wrote that Pillen has a greater duty: to the U.S. and Nebraska Constitutions.<\/p>\n

\u201cThis scheme places Nebraska squarely at odds with several federal statutes intended to strictly circumscribe the dissemination of marijuana and the business of profiting from, or laundering money gained through, marijuana production and sales,\u201d Greim wrote.<\/p>\n

Greim\u2019s letter points to a 2019 Nebraska Attorney General\u2019s Opinion, authored by then-Attorney General Doug Peterson and then-Deputy Solicitor General Dave Lopez, who is now Pillen\u2019s chief of staff.<\/p>\n

Greim wrote that Pillen \u201chas not only the power, but also the duty, not to issue a proclamation giving legal effect to an initiative that violates the Nebraska and the United States Constitutions and is therefore no law at all.<\/p>\n

\u201cWe are confident that your office will exercise its duty not to expend any taxpayer resources by preparing and issuing a proclamation declaring the Marijuana Measures to be valid Nebraska laws,\u201d Greim continued, adding legal action could follow.<\/p>\n

The 2019 AG\u2019s opinion, which is advisory and does not carry the weight of law or a judicial opinion, said any state laws regarding cannabis would be unconstitutional. This partly led to the defeat of a previous legislative bill from State Sen. Anna Wishart of Lincoln, another ballot sponsor who Kuehn is suing.<\/p>\n

Former State Sen. Andrew La Grone of Dunbar requested that opinion in 2019. He is one of Kuehn\u2019s attorneys.<\/p>\n

Pillen\u2019s staff did not respond, the lawsuit alleges, and Kuehn\u2019s lawsuit was filed just before 3 p.m. Tuesday.<\/p>\n

Kuehn\u2019s request<\/strong><\/p>\n

Measure 437 would legalize up to 5 ounces of medical cannabis with a written doctor\u2019s recommendation, while Measure 438 would establish the Nebraska Medical Cannabis Commission to regulate the drug and license medical retailers by October 1, 2025.<\/p>\n

Kuehn offers three reasons to prevent Pillen from issuing proclamations in favor of the initiatives:<\/p>\n