New Lawsuit Seeks To Void Nebraska Medical Cannabis Ballot Measures
If successful, Kuehn’s lawsuit could have ripple effects
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.
Gov. Jim Pillen has until Thursday under the Nebraska Constitution and state law to declare which measures were successful.
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. The new lawsuit was filed in Lancaster County District Court, where Kuehn on Nov. 26 lost and is appealing a related case.
The latest lawsuit, which includes Pillen this time, argues state-level marijuana laws are “unconstitutional, unlawful, and impossible” and that the campaign’s efforts to create and delegate exclusive regulation of the drug to a new executive agency is prohibited.
“The 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,” the lawsuit states. “The time for that reckoning is now, before further taxpayer funds are spent on a futile effort.”
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