LINCOLN, Neb. — A legal action filed in Lancaster County seeks to prevent the implementation of Nebraska’s voter-approved medical marijuana laws. The complaint, which requested an injunction against these laws becoming effective, was introduced this week by John Kuehn. Kuehn previously challenged the validity of the petition process that led to the medical marijuana proposals being placed on the state’s ballot.
Named defendants in the lawsuit include Nebraska Governor Jim Pillen, Secretary of State Bob Evnen, and several advocates for the marijuana legislation, Anna Wishart, Crista Eggers, and Adam Morfeld. The filing criticizes the drafting of the initiatives, arguing that they have not undergone sufficient judicial review to ensure they comply with both the U.S. and Nebraska constitutions.
Kuehn’s complaint highlights a concern with the delegation of legislative power to an unelected board which would oversee the state’s budding marijuana industry. This, Kuehn argues, usurps the legislative and executive authorities’ roles in safeguarding public health and safety.
Supporting the call for an injunction, the document references an opinion by Nebraska Attorney General Mike Hilgers and cites previous unsuccessful efforts by advocacy groups to legalize medical marijuana through legislative means. The urgency of the injunction is underscored by the upcoming requirement for Governor Pillen to formalize the November election results.
At the heart of the lawsuit is the claim that effective implementation of the medical marijuana measures poses significant public health and safety risks. This assertion follows the certification of the election results by state officials on December 2.
Voter turnout showed a solid favor for Measure 437, which advocates for the legalization of medical cannabis, garnering 637,000 votes in support and 292,000 against. Despite the overall state majority, several counties showed opposition, with some losing by a margin of only a few votes.
Measure 438, aimed at establishing regulatory mechanisms for the industry, mirrored these results approximately. The voting highlighted a divided perspective on the topic across different regions of Nebraska.
Shortly after the election, a challenge regarding the handling of the initiative petitions was dismissed by Lancaster County District Court Judge Susan Strong. However, Kuehn has taken this decision to the Nebraska Court of Appeals, indicating ongoing legal contention surrounding the marijuana initiatives.
This litigation emerges amidst a broader national dialogue on the regulation and legalization of cannabis for medicinal purposes, reflecting the complex interplay between state-led initiatives and federal law, which still classifies marijuana as a controlled substance.
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