A majority of Nebraskans voted on Tuesday to legalize and regulate medical cannabis through Initiative Measures 437 and 438, but the ultimate fate of these measures may rest in court rather than at the ballot box.
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Both initiatives, introduced by the Nebraskans for Medical Marijuana campaign, received strong support statewide, marking the campaign’s most successful attempt to date.
Measure 437, called the Nebraska Medical Cannabis Patient Protection Act, would allow patients to possess up to five ounces of medical cannabis and protect patients and caregivers from penalties for use, provided there is a recommendation from a licensed healthcare provider. Measure 438, the Nebraska Medical Cannabis Regulation Act, would define and oversee cannabis-related activities for medical purposes through a state cannabis commission. Supporters of the campaign, including Crista Eggers, the statewide campaign manager and mother to a 10-year-old with epilepsy, see this outcome as a significant victory for Nebraska patients seeking relief.
However, whether these measures become law depends on a ruling from Lancaster County District Judge Susan Strong. The court is reviewing a lawsuit from former State Senator John Kuehn and Secretary of State Bob Evnen, who challenge the validity of thousands of signatures verified in support of these measures. Judge Strong's decision, expected within two weeks, could impact the election results. The legal pathways range from outright dismissal of the measures to a potential signature review by the sponsors, or a decision upholding the election results.
Eggers, who has led this campaign over several years, expressed confidence in the continued legal battle, stating, “Tonight’s win is for the Nebraska patients.” She and her team remain hopeful that these medical cannabis options will soon become accessible across Nebraska, especially after previous legislative efforts stalled in the state legislature.
This 2024 campaign represents the furthest point reached by Nebraskans for Medical Marijuana in its mission to pass medical cannabis legislation. Legalization has been gaining momentum across the U.S., with 38 states now permitting medical cannabis use and many legalizing recreational use as well. Nebraska's constitutional officers are set to certify Tuesday's election results on December 2, but further legal proceedings may continue after that date, potentially taking the case all the way to the Nebraska Supreme Court.
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