Nebraska High Court kills 2020 medical cannabis initiative

The Nebraska Supreme Court ruled last Thursday that the initiative to legalize cannabis for medical use could not be included in next November's referendum.

Nebraskans for Medical Marijuana, the group behind the initiative, had submitted sufficient signatures to qualify the measure. Lancaster County Sheriff Terry Wagner, however, filed an appeal against the Secretary of State's office last month, arguing that the proposal violates the state's single-subject rule for ballot initiatives and would confuse voters.

While the state rejected this argument, the local police official then took the matter to court. The plaintiff's attorney argued that the measure's various provisions on patient access, retailing and distribution constituted multiple issues that a single ballot initiative could not legally cover. The court issued its final opinion on Thursday, ruling that the proposal ultimately violates the single-issue rule and cannot be presented for a vote.

«As proposed, [the Nebraska Medical Cannabis] contains more than one subject - according to our calculations, it contains at least eight subjects,» he said. concluded the court. «In addition to enshrining in our constitution the right of certain persons to produce and use cannabis for medical purposes under subsections (1) and (2), in subsections (3) and (4), the NMCCA would enshrine a right and immunity for entities to grow and sell cannabis; and in subsections (6), (7), and (8), it would regulate the role of cannabis in at least six areas of public life.»

«If voters are to intelligently adopt a state policy on the use of medicinal cannabis, they must first be allowed to decide this issue on their own, unencumbered by other matters,» the justices wrote.

«Nothing changes the fact that an overwhelming majority of Nebraskans stand with patients and families who deserve compassion and safe access to medical cannabis,» the campaign said in a message on Facebook. «We'll get back to you soon with plans for our next steps.»

The Group has finally announced that it will launch the same initiative in 2022.

Next week we will be launching a new medical marijuana ballot initiative! In addition, @NebraskaAnna will be introducing legislation, and we will be partnering with orgs that will be tracking and holding your elected officials accountable for their positions on Medical Marijuana.

- Adam Morfeld (@Adam_Morfeld) September 11, 2020

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