Medical Marijuana One Step Closer to Reality

Legal medical marijuana in Nebraska came one step closer to reality after Lancaster County District Court Judge Susan Strong dismissed a legal challenge to two petition initiatives noted on and approved by Nebraska voters. Both initiatives are related to medical cannabis only and do not pertain to recreational use. Both initiatives won. A lawsuit brought by John Kuehn, a former state senator and former State Board of Health member, and Nebraska Secretary of State Bob Evnen and the Nebraska Attorney General’s Office alleged that the petitions were not legally signed by seven percent of the registered voters as required by law.For both petitions, that number is 86,499. However, the Secretary of State's Office certified that the Legalization Petition had 89,962 valid signatures. “Thus, to prevail in this action, the Plaintiff and Secretary had to show that more than 3,463 signatures on the Legalization Petition and 3,357 signatures on the Regulatory Petition are invalid,” wrote Judge Strong in her 57-page order. “The Plaintiff and Secretary are well short. For the Legalization Petition, they have shown that 711 signatures have lost their presumption of validity.” Initiative 437-Nebraska Medical Cannabis Patient Protection Initiative:This initiative would authorize qualified patients to use, possess, and acquire up to five ounces of marijuana to alleviate or treat a medical condition or its symptoms. Qualified patients would include a patient 18 years or older with a written recommendation from a healthcare practitioner or a patient younger than 18 years of age with a written recommendation from a healthcare practitioner as well as written consent from a parent or guardian. The law would also authorize caregivers to assist a qualified patient in possessing the allowable amount and marijuana accessories on behalf of the qualified patient.The initiative won by 71 percent of the vote. Initiative 437-Nebraska Medical Cannabis Regulation InitiativeThis initiative would legalize the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes. It would establish the Nebraska Medical Cannabis Commission to regulate and provide the necessary registration for the medical marijuana program.The initiative won by 67 percent of the vote.

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