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A former Nebraska senator and past member of the Nebraska Health Board has filed a lawsuit aimed at stopping two state medical marijuana ballot petitions. John Kuehn, a rancher and veterinarian from Heartwell, is challenging the placement of these measures on the Nov. 5 , 2024, ballot.
Kuehn has listed seven key reasons for his challenge, including claims of procedural violations and constitutional issues under federal and state laws. Kuehn’s legal team, led by attorneys Cameron E. Guenzel, Steven E. Guenzel and Andrew La Grone (another former state senator), filed the case in Lancaster County District Court. The lawsuit seeks to prevent Bob Evnen, the secretary of state of Nebraska, from approving the two petitions for the ballot. Further, Kuehn wishes to prevent the state from recognizing the election results even if these measures are approved.
The two measures in question would legalize medical marijuana and outline who would be considered a patient, provider and caregiver. The measures are supported by Nebraskans for Medical Cannabis, with leaders including campaign manager Crista Eggers, State Senator Anna Wishart and former State Senator Adam Morfeld. Kuehn’s lawsuit names these campaign leaders as well as Evnen.
Kuehn claims that there were several issues with the petitions, including delays in accessing the signatures, a lack of valid signatures, duplicate entries and an invalid sponsor statement from Wishart. He also argues that the petitions violate the state’s constitutional single-subject rule, unlawfully delegate power to a proposed Nebraska Medical Marijuana Commission and conflict with federal laws banning cannabis as a Schedule 1 substance. The lawsuit further asserts that most signatures were collected either before the official petition circulation period or after the deadline. Kuehn argues that invalid signatures were unlawfully accepted by the secretary of state’s office. However, the lawsuit doesn’t specify exactly how many signatures may be invalid.
Mike Hilgers, the state’s attorney general, announced a press conference to address alleged falsifications in the petition process, though it is unclear if these remarks relate to the medical marijuana measures.
This is not the first attempt for Nebraska to place medical cannabis on the ballot, as previous efforts in 2020 and 2022 fell short due to similar legal challenges. The current campaign marks the group’s third attempt, and group officials are hopeful that this will be their final push. However, the lawsuit presents significant hurdles that could delay or derail their efforts once again.
The cannabis industry, including established enterprises such as SNDL Inc. (NASDAQ: SNDL), will likely be watching how the legal battle pans out and whether voters will finally cast their ballots on this matter as the year draws to an end.
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