Former State Senator Files Legal Challenge on Medical Marijuana Ballot Petitions

Courtesy of Nebraskans for Medical Marijuana.

LINCOLN–(KFOR Sept. 13)–A former member of the Nebraska Legislature that also served on the State Health Board filed a legal challenge in Lancaster County District Court on Thursday against two ballot petitions related to medical marijuana.

Former Heartwell Senator John Kuehn argues the two initiatives should not be on the November 5 ballot because, among other things, they are in violation related to the state’s constitutional “single subject” rule that all measures must contain only one subject. The Nebraska Examiner reports the other reasoning is an unlawful delegation of power to a proposed Nebraska Medical Cannabis Commission that would oversee regulation of medical cannabis.

Other reasons include the following:

Not enough valid signatures for ballot access.
A failure of Evnen to strike duplicative signatures.
An invalid sponsor statement from State Sen. Anna Wishart of Lincoln.
Preemption of federal laws that prohibit marijuana as a Schedule I drug.

Kuehn is also looking to prevent Secretary of State Bob Evnen from certifying the petitions. If they reach the ballot, Kuehn is seeking to prevent the state from certifying those election results, if he is successful.