Nebraska legalizes medical cannabis

Nebraska has officially legalized the medical marijuana, following Governor Jim Pillen's signing of the two popularly approved ballot measures by a large majority in the November elections.

Overwhelming support from voters

Initiatives 437 and 438, which legalize and regulate medical cannabis in Nebraska, respectively, received voter support. Initiative 437 was approved by more than 70%, while Initiative 438 received 67% of the vote. These measures were launched by the association Nebraskans for Medical Marijuana.

A joint statement by Governor Pillen and Attorney General Mike Hilgers clarifies that this does not apply to adult cannabis use:

«The federal government has classified cannabis as a Schedule I controlled substance. Under federal law, it is illegal to possess or sell Schedule I controlled substances. The measures adopted cannot, and should not, be considered control measures. The measures adopted cannot and do not alter federal law.».

Citizen-led initiatives had already encountered legal obstacles. Former state senator John Kuehn, a staunch opposed to legalization cannabis, filed a lawsuit arguing that the measures were contrary to federal law and violated the Nebraska Constitution. He sought an injunction to prevent the governor from signing the proclamations, citing the supremacy clause of the U.S. Constitution, which prohibits states from enacting laws that conflict with federal laws.

Judge Susan Strong of the Lancaster County District Court denied the injunction, thereby allowing Governor Pillen to fulfill his legal obligations.

«First of all, I don’t believe there is any immediate and irreparable harm,» Ms. Strong said, confirming that there was no reason to halt the certification process. Judge Strong also noted that the public interest did not justify delaying the implementation of measures approved by a significant majority of Nebraska voters.

Now that the proclamations have been signed, the Nebraska Liquor Commission and other designated agencies will begin developing a regulatory framework for the state’s medical cannabis program. Initiative 438 calls for, among other things, the creation of a commission to oversee the cultivation, distribution, and sale of medical cannabis in Nebraska.