Nebraska Judge Upholds Voter-Approved Medical Cannabis Initiatives

LOS ANGELES- A Nebraska district court has affirmed the validity of two voter-approved measures concerning medical cannabis, dismissing allegations of fraudulent signature collection. The legal challenge aimed to invalidate Measures 437 and 438, which were approved by 71% and 67% of voters, respectively, during the recent election. Measure 437 permits qualified patients to possess and use cannabis, while Measure 438 establishes a regulated system for its production and distribution.

Opponents contended that the initiatives should be nullified due to purportedly fraudulent signatures collected during the petition process. However, the court determined that the plaintiffs failed to demonstrate sufficient invalid signatures to affect the measures’ legitimacy. Specifically, the court noted that invalidating the measures would require proving over 3,400 invalid signatures for each petition, a threshold not met, as fewer than 1,000 signatures per petition were deemed invalid.

Crista Eggars, campaign manager for Nebraskans for Medical Marijuana, expressed satisfaction with the ruling, highlighting the extensive efforts of volunteers, patients, and families statewide. She emphasized the positive impact the decision would have on patients seeking alternative treatments.

This case reflects a broader pattern of legal challenges against cannabis-related ballot measures across various states. Since 2020, opponents of cannabis legalization have pursued litigation to overturn such measures, sometimes succeeding in removing them from ballots or nullifying election outcomes. Advocates argue that these actions undermine democratic processes and voter intent.

The Nebraska Attorney General’s office is currently reviewing the court’s decision and is considering an appeal to the state Supreme Court. The outcome of any potential appeal could further influence the implementation of the voter-approved medical cannabis initiatives.