This week, a Nebraska judge is expected to decide on whether to dismiss a lawsuit that could stop two medical cannabis legalization measures from making it onto the November ballot.
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Lancaster County District Court Judge Susan Strong said on Sept. 20 that she aims to resolve the case as quickly as possible. The lawsuit claims that some of the signatures Secretary of State Bob Evnen certified for the ballot are invalid, according to the *Nebraska Examiner*.
Former state Senator John Kuehn, who represented Nebraska’s 38th District from 2015 to 2019 and has long opposed cannabis legalization, filed the lawsuit on Sept. 12. That was just one day before Evnen certified two medical marijuana petitions sponsored by Nebraskans for Medical Marijuana (NMM). Kuehn argues that several signatures should not have been accepted because some signers were not registered voters, signed multiple times, or didn’t properly fill out their information.
Kuehn’s lawsuit names Evnen, along with NMM sponsors Crista Eggers, state Senator Anna Wishart, and former state Senator Adam Morfeld, as defendants. In response, NMM’s legal team has filed a motion to dismiss, saying that Kuehn’s requests amount to the “equivalent of a recount” and suggesting that Kuehn is overstepping in trying to make decisions that election officials are responsible for.
The two NMM-sponsored initiatives aim to change Nebraska’s laws regarding medical cannabis. Initiative 437 would allow patients to legally possess up to 5 ounces of medical cannabis without facing criminal charges, while Initiative 438 would create a regulated medical cannabis market overseen by a Nebraska Medical Cannabis Commission.
Kuehn is asking the court to rule that the initiatives are legally invalid or, at the very least, prevent the election results for these initiatives from being certified. Judge Strong said she hopes to address these claims before the election, adding that she believes it’s the best course of action.
In addition to the signature issues, Kuehn's lawsuit also claims that Senator Wishart violated state law by not providing her full address as a petition sponsor.
NMM released a public statement on Sept. 20 about the lawsuit. Eggers, one of the sponsors, expressed frustration over the legal challenge, saying, “It is unfortunate that a very small group of individuals is trying to silence the voice of the people.” She emphasized that NMM’s goal has always been to advocate for Nebraska’s most vulnerable patients, including children and the elderly who could benefit from medical cannabis where other treatments have failed.
Eggers’ personal connection to the cause stems from her 9-year-old son, who suffers from severe epileptic seizures. She pointed out that Nebraska remains one of just nine states in the U.S. without any medical cannabis program.
When Secretary of State Evnen certified the petitions on Sept. 13, he stated that both initiatives had gathered more than 89,850 signatures, surpassing the required 87,000 needed to make it to the ballot. However, hours after that certification, Nebraska Attorney General Mike Hilgers announced an investigation into potential signature fraud in Hall County, where an individual collecting signatures faces felony charges.
Evnen acknowledged the investigation but said that for now, the petitions appear to meet the required number of signatures, and both measures will appear on the ballot. However, a court could later decide to throw them out depending on the outcome of the investigation.
Despite these challenges, NMM expressed gratitude for the work done by local election officials and remains focused on bringing medical cannabis to Nebraska patients. This isn’t the first time NMM has faced legal hurdles. In 2020, the Nebraska Supreme Court blocked their petition, ruling that it violated the state’s single-subject rule by combining legalization and the setup of a system to regulate cannabis sales. In 2024, the group responded by submitting two separate initiatives to avoid the same issue.
Eggers remains determined, stating that despite strong support for medical cannabis across all demographics and political affiliations, they weren’t surprised by the lawsuit. A February 2024 poll showed that roughly 70% of Nebraskans support legalizing medical cannabis.
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