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Mike Hilgers, Nebraska’s Attorney General, assured the public on Tuesday that his office’s current investigations into two medical marijuana ballot measures will not affect his decision to certify the election results. Speaking at a press conference on an unrelated lawsuit, Hilgers stated that the election certification process would proceed independently of the marijuana-related legal disputes or the timing of any court ruling.
Hilgers is one of five state constitutional officials who will convene on December 2 to decide if, or not to certify the election results from November 5. This includes the resounding support of two initiatives from voters: Measure 437, which aims to legalize medicinal marijuana with 71% of the vote, and Measure 438, which aims to regulate marijuana with 67% of the vote.
The Board of Nebraska State Canvassers includes Bob Evnen, the Secretary of State, who is being represented by Hilgers’ office in the legal case regarding the measures. Additionally, Governor Jim Pillen and State Auditor Mike Foley, both vocal critics of the medical marijuana initiatives, will participate. State Treasurer Tom Briese, another board member, has also opposed medical cannabis legalization, a stance he shared with Hilgers during their time as state senators in 2021.
Hilgers’s office is actively conducting a criminal investigation related to alleged misconduct in the petition process. This has led to criminal charges against a petition circulator, who entered a guilty plea on November 8, and a notary public, whose case is still pending.
Hilgers’ office has also joined former State Senator John Kuehn in contesting the validity of thousands of petition signatures, citing alleged fraud by circulators and notaries. They argue that such misconduct should have prevented the measures from being on the November ballot. Evnen initially certified the measures on September 13, based on available information.
The ballot sponsors’ legal team has defended the petitions, asserting that allegations of fraud are being misinterpreted. They argue that isolated issues with notaries or circulators do not invalidate all signatures. In response, the Attorney General’s Office maintained that the evidence, including text messages presented in court, clearly indicates fraudulent activities.
Judge Susan Strong, presiding over the case, has received final arguments from both sides and can issue a ruling at any time. However, Hilgers clarified that the court’s timeline does not influence the election certification process.
Regardless of the outcome, many involved in the case, including Judge Strong, expect the matter to be appealed to the state supreme court.
Entities like Cronos Group Inc. (NASDAQ: CRON) (TSX: CRON) and other businesses in the marijuana industry both within and outside the U.S. will be hoping that the will of the voters in Nebraska isn’t thwarted by technicalities as the state officials are alleging.
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