Nebraska Supreme Court Reviews Controversy Over Medical Marijuana Petition Signatures
The Nebraska Supreme Court is currently examining the dispute surrounding the legitimacy of tens of thousands of signatures on petitions for a medical marijuana ballot initiative. This legal debate is the latest in a series of challenges following Nebraska’s recent efforts to legalize medical marijuana through a voter-approved initiative.
In a significant development, Nebraska voters decisively supported two initiatives aimed at legalizing and regulating medical marijuana, set to take effect in 2024. Despite Secretary of State Bob Evnen certifying these initiatives in September 2024, former state senator John Kuehn initiated a lawsuit to remove them from the ballot, alleging widespread fraud in the signature collection process.
Evnen joined Kuehn’s lawsuit with a cross-claim, suggesting the initiative should be removed if enough signatures were invalidated. This legal battle entered its first phase in Lancaster County, where the court required proof that the number of valid signatures fell below the necessary threshold for ballot access.
The trial’s initial phase concluded with Lancaster County District Court Judge Susan Strong ruling that 711 signatures were invalid, a number insufficient to disqualify the petition. Consequently, the case was dismissed before moving to a second phase where defendants could present evidence supporting the signatures’ validity.
Both Kuehn and Evnen appealed the dismissal, with their attorneys arguing for a remand to the lower court to proceed with phase two. They maintain that a vast number of signatures lack validity. Zachary Pohlman, representing Evnen, stated, “The relief we are seeking is modest… All we’re asking is that this court reverse and remand for a second phase of trial, where the sponsors will have a chance to prove that they gathered enough valid signatures.”
During Wednesday’s hearing, justices questioned Pohlman about the logistics of a potential second trial phase. Chief Justice Jeffrey Funke inquired whether verifying signatures would require calling all 86,000 signatories to testify. Pohlman responded that it could suffice to involve a mix of circulators, notaries, and some signers instead.
Daniel Gutman, another attorney involved, argued that Evnen lacked standing for his cross-claim, a point of skepticism also noted by Judge Strong, though not fully addressed in her ruling. The Nebraska Supreme Court has previously expressed doubts about Evnen’s authority to alter his stance on ballot initiatives post-certification, highlighting a similar scenario during a 2024 school funding referendum.
Gutman emphasized the importance of careful deliberation, stating, “We’re in this rare circumstance where we have time… We ask as a practical matter – for the benefit of the parties, for the benefit of the lawyers, and most importantly, for the benefit of the public – can Secretary Evnen certify an initiative, pull the plug at the last minute, admit he has no standing under the exclusive statutory provision, and then circumvent that through the declaratory judgement act?”
There is currently no timeline for when the court will deliver its decision, as the matter has been taken under advisement.
