“Often the best remedy is not in this court. It’s to go down the hall and persuade your state legislator to…amend the statutes that you have an issue with.”
By Zach Wendling, Nebraska Examiner
The Nebraska Supreme Court heard a technical appeal Monday in a second case in six months asking the high court to void Nebraska’s medical cannabis laws.
Both cases have been brought by former State Sen. John Kuehn of Heartwell, a longtime opponent to marijuana, who alleges Nebraska can’t move forward with medical cannabis because of federal laws classifying marijuana as a dangerous drug. Kuehn argues state laws like Nebraska’s voter-enacted legalization of medical cannabis are “preempted” by federal law under the U.S. Constitution’s Supremacy Clause.
Monday’s oral arguments did not address shifting federal guidelines on marijuana. Acting U.S. Attorney General Todd Blanche downgraded state-licensed medical cannabis to a Schedule III drug last Thursday, down from a Schedule I drug. Nebraska’s Medical Cannabis Commission is working toward implementing such a program.
‘Courts should be open’
Lancaster County District Judge Susan Strong had dismissed Kuehn’s preemption lawsuit in June. She ruled Kuehn had not proven he had the legal “standing” to sue, a legal term of art requiring someone to show injury. Strong ruled against letting
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