Republican elected officials had sought to invalidate the voter-approved medical cannabis legalization ballot measures.
By Zach Wendling, Nebraska Examiner
The Nebraska Supreme Court on Friday unanimously upheld Nebraska’s two voter-approved medical cannabis laws following a legal challenge to the 2024 petition effort.
Chief Justice Jeffrey Funke, in a 7-0, 49-page opinion, sided against the lawsuit from former state Sen. John Kuehn of Heartwell, a longtime opponent of medical marijuana, as well as similar arguments from Nebraska Secretary of State Bob Evnen (R) and Attorney General Mike Hilgers (R). The duo had alleged widespread fraud and “notarial malfeasance” in the petition process.
Kuehn’s appeal sought to get around a Lancaster County District Court judge who affirmed that medical cannabis supporters had enough valid signatures to reach voters in 2024.
Kuehn initially sued Evnen. But in the end, the AG’s Office defending Evnen largely joined forces with Kuehn against the Nebraskans for Medical Marijuana campaign. Had the challenge succeeded, the campaign could have sought to rehabilitate challenged signatures in a second trial phase.
“Notaries are, in effect, walking stamps of approval,” Zach Pohlman, state deputy solicitor general, told the high court in December. “They are professional truth tellers. And so when they
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