Appeal filed in Nebraska medical cannabis legalization court case

Opponents of Nebraska’s push to legalize medical cannabis are still trying to undermine the voter-approved ballot measure – despite a November loss in court.

According to the Nebraska Examiner, a former state senator affiliated with a prominent anti-legalization group has appealed a judge’s ruling that the medical marijuana campaign turned in enough valid signatures to put two legalization initiatives on the ballot.

John Kuehn, a Nebraska co-chair of Smart Approaches to Marijuana, and Secretary of State Bob Evnen sought to disqualify the measures based on claims that a signature-gatherer had faked voter signatures after copying names out of a phone book.

The signature-gatherer pleaded guilty, but Lancaster County Judge Susan Strong ruled on Nov. 26 that Kuehn and Evnen did not demonstrate there were enough invalid signatures to disqualify the measure.

Kuehn filed his notice of appeal on Dec. 5, and the Nebraska Court of Appeals acknowledged receiving it the next day, Lincoln TV station KLKN reported.

The appeal, which was anticipated by the judge, comes as Republican Gov. Jim Pillen nears a deadline to announce that the measures are effective.

State officials, including Evnen, certified Nebraska’s election results on Dec. 2 after nearly 70% of voters approved Initiative Measures 437 and 438 on Election Day.

Under state statutes, the governor has 10 days from the Dec. 2 certification to declare that the voter-approved initiatives are law.

Barring further court disruption, state officials are tasked with setting up the Nebraska Medical Cannabis Commission.

The commission is supposed to set up a medical marijuana patient registration process by July 1, 2025, and begin issuing registrations in October.