The Nebraska Supreme Court has upheld two voter-approved initiatives that legalized medical cannabis in the state, ending a two-year legal challenge that had unfolded alongside the program’s establishment.
The court ruled 7-0 to uphold the initiatives, with Chief Justice Jeffrey Funke writing the 49-page opinion. The court rejected a lawsuit challenging the validity of thousands of signatures collected during the petition process.
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The lawsuit was filed by former state Sen. John Kuehn of Heartwell, a critic of medical cannabis. Kuehn alleged widespread fraud, challenging how the petitions were circulated and notarized.
While a petition circulator pleaded guilty to a misdemeanor and a notary was later convicted of misconduct, a district court found the disputed signatures fell well short of the number needed to invalidate either initiative.
Crista Eggers, the executive director of Nebraskans for Medical Marijuana, said the case “was never about protecting Nebraska law.”
“It was about whether a handful of elected officials could use the court to override the will of the people,” Eggers told The Nebraska Examiner.
“Today, our state’s highest court stated the obvious: they cannot.”
Nebraska’s medical cannabis program takes shape
Nebraskans voted in 2024 to legalize possession of up to five ounces of medical cannabis for qualified patients. A companion initiative created the Nebraska Medical Cannabis Commission and tasked it with regulating the state’s medical marijuana industry.
Despite the ongoing legal challenge, the initiatives remained in effect, allowing the state to move ahead with implementation. A district court declined to block the laws from taking effect while the litigation continued.
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Gov. Jim Pillen approved permanent regulations for the program in July.
While voters legalized the possession of marijuana, the state’s licensed program prohibits raw flower and vapes. Instead, only tablets, capsules, tinctures, topicals, nasal sprays, or oils used with an inhaler are permitted.
The Supreme Court ruling removes a major legal threat to Nebraska’s fledgling medical cannabis program. While it may not be the program proponents envisioned, it’s a start.
