Nebraska Supreme Court Tosses Medical Cannabis Federal Preemption Case, For Now
“Without prejudice” means Kuehn could bring a similar case in the future
The Nebraska Supreme Court on Friday decided a longtime medical cannabis opponent will not have another day in court to try to overturn the state’s voter-approved medical cannabis laws, at least for now.
Chief Justice Jeffrey Funke, in a unanimous 29-page ruling, agreed with a lower court judge’s decision that former state Sen. John Kuehn of Heartwell did not have standing to challenge Nebraska’s medical cannabis laws.
Kuehn argues that such state laws, including Nebraska’s voter-enacted legalization of medical cannabis, are “preempted” by federal law under the U.S. Constitution’s supremacy clause defining marijuana as a more dangerous drug that states are precluded from regulating.
“We conclude that Kuehn did not have either taxpayer standing or standing for a matter of great public concern to challenge the constitutionality of the acts,” Funke wrote. “We therefore affirm the district court’s order dismissing Kuehn’s operative complaint without prejudice.”
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