Attorney General’s Office preparing for Nebraska medical cannabis lawsuit appeal

In Nebraska, Secretary of State Bob Evnen and the Attorney General's Office are pursuing further legal challenges against two voter-approved medical cannabis measures despite a recent court ruling favoring the measures' sponsors.

OG Article: here 

View our Fair Use Policy: here

Watch the Live Show HERE

Watch the Commentary Here

Recent Developments

1. Amended Cross-Claim Filed:

   • On Friday, the Attorney General's Office, representing Evnen, filed a second amended cross-claim, introducing allegations of circulator fraud and widespread malfeasance.

   • This comes after Lancaster County District Judge Susan Strong dismissed the case last Tuesday, ruling in favor of the sponsors, Nebraskans for Medical Marijuana.

2. Judge's Ruling:

   • Judge Strong stated that the fraud allegations were not "properly before the Court" but were nonetheless addressed during the trial.

   • Key points in her ruling:

     • Some circulator signatures were improperly notarized but did not invalidate the petitions as a whole.

     • She rejected Evnen's "numbers-optional theory" of widespread fraud, describing the evidence as insufficient.

     • The petitions met all constitutional and statutory requirements, rendering them legally valid.

3. Preparation for Appeal:

   • Nebraska Attorney General Mike Hilgers described the amended cross-claim as a post-trial motion to align the case with trial evidence, preparing for a potential appeal to the Nebraska Supreme Court.

   • No formal appeal has been filed yet.

4. Election Certification:

   • Despite the legal dispute, Evnen joined other state officials, including Gov. Jim Pillen, to unanimously certify the November 2024 election results, which included the medical cannabis measures.

   • The measures are set to take effect within 10 days upon Gov. Pillen's proclamation.

5. Upcoming Hearing:

   • A virtual hearing on Evnen's new complaint is scheduled for Tuesday, Dec. 3, at 9:30 a.m.

Implications

The legal challenges reflect ongoing opposition to medical cannabis legalization in Nebraska, even after voter approval. The outcome of the appeal process could impact the implementation of these measures and set legal precedents regarding petition challenges and ballot measure processes in the state.

4o