The Nebraska Attorney General’s Office has taken the next step in its ongoing legal battle over the state’s medical cannabis measures, filing a second “amended cross-claim” on Friday. This legal action is aimed at strengthening its case as the office prepares to appeal a recent ruling by Lancaster County District Judge Susan Strong. The case concerns two successful medical cannabis measures that were approved by Nebraska voters in the November 2024 election.
Allegations of Circulator Fraud
The newly filed brief formally adds claims of circulator fraud and widespread malfeasance to the complaint lodged by Secretary of State Bob Evnen. These allegations were initially part of the case dismissed by Judge Strong last week, who ruled in favor of the ballot sponsors behind Nebraskans for Medical Marijuana.
Despite the dismissal, Attorney General Mike Hilgers indicated that his office intends to appeal the decision. Speaking to the Nebraska Examiner, Hilgers clarified that the amended cross-claim is a procedural move, allowing the case to be properly prepared for an appeal. “It’s just a post-trial motion,” he said. “We want to make sure our case is fully prepared for an appeal.”
Judge’s Ruling and Legal Concerns
In her ruling, Judge Strong noted that while specific allegations were raised during the trial, they were not “properly before the Court” at the time of her decision. She criticized the credibility of the circulator involved in the case, pointing out that some signatures had been notarized outside of the circulator’s presence, which undermined their validity. Furthermore, Strong rejected the theory put forward by Evnen regarding widespread fraud, questioning whether it aligned with Nebraska’s constitution and concluding that there was insufficient evidence to invalidate the petitions.
Despite these findings, the judge affirmed that the petitions met all constitutional and statutory requirements, making them legally valid under Nebraska law. This ruling paved the way for the certification of the medical cannabis measures in the November election.
Certification of Election Results
The legal process surrounding the cannabis measures is nearing its conclusion. On December 2, 2024, Evnen, along with Governor Jim Pillen, State Treasurer Tom Briese, and State Auditor Mike Foley, formally certified the results of the November election. This includes the approval of the medical cannabis measures, which are now set to take effect within 10 days following a proclamation by Governor Pillen.
Virtual Hearing Scheduled
A virtual hearing regarding Evnen’s newly filed complaint is scheduled for 9:30 a.m. on Tuesday. This will likely offer further insight into the state’s next steps as it continues to challenge the validity of the cannabis measures.
