On November 5, 2024, Nebraska voters overwhelmingly supported two ballot measures aimed at legalizing and regulating medical cannabis in the state. Initiative Measures 437 and 438, which garnered wide support, passed with 71.2% and 67.5% of the vote, respectively. However, despite this decisive victory at the ballot box, the final outcome of medical cannabis legalization in Nebraska hinges on a series of legal challenges that could potentially derail the measures.
A Long-Awaited Victory for Medical Cannabis Advocates
The ballot measures, proposed by the Nebraskans for Medical Marijuana campaign, were the culmination of years of effort and three failed attempts to bring cannabis to the ballot. Crista Eggers, campaign manager for the initiative, expressed her gratitude for the support, emphasizing that this success was not just for the campaign, but for the patients who had long fought for access to medical cannabis.
Eggers, whose 10-year-old son Colton suffers from severe epilepsy and seizures, stressed the emotional significance of the win for families in Nebraska. “It solidifies for us that we have always been fighting for the right reason,” she said. “Tonight’s win is for the Nebraska patients.”
The Legal Battle Ahead
While the election results indicate strong support for the two measures, their future depends on the resolution of legal challenges in Lancaster County District Court. The challenges, filed by John Kuehn, a former state senator and opponent of medical cannabis, and Secretary of State Bob Evnen, question the validity of the signatures collected to place the measures on the ballot. Kuehn, supported by Evnen and other state officials, argues that many of the signatures were invalid, threatening the legitimacy of the election results.
District Judge Susan Strong is presiding over the case and is expected to issue a ruling within two weeks. If she sides with Kuehn and Evnen, the court could either void the election results outright or allow the petition sponsors a chance to “cure” the signature issues. Regardless of the decision, the case is likely to be appealed, potentially reaching the Nebraska Supreme Court.
Possible Outcomes of the Legal Challenge:
- Void the Election Results – If the court finds the signatures invalid, the election results could be nullified.
- Allow Signature Corrections – The court could let the campaign address the signature issues in a second phase.
- Uphold the Election Results – If the court rules in favor of the ballot sponsors, the results would stand, allowing the legalization of medical cannabis to move forward.
The Road to the Ballot
The road to the 2024 ballot has been long and fraught with setbacks. Earlier attempts to legalize medical cannabis faced legal and logistical hurdles, including a 2020 attempt that was invalidated by the Nebraska Supreme Court due to constitutional concerns. The 2022 effort fell short of the required signatures, further delaying progress. However, after a concerted push in 2024, the campaign finally succeeded in reaching the ballot.
Legal and Political Landscape
Opponents of medical cannabis legalization, including former Senator John Kuehn and Attorney General Mike Hilgers, have been vocal in their opposition, particularly over concerns about THC content and the broader implications of cannabis legalization. However, the U.S. Department of Justice has recently moved to reclassify marijuana as a less dangerous drug, which could potentially smooth the path for broader federal approval in the future.
Despite the significant challenges, medical cannabis advocates in Nebraska remain optimistic. Forty-four states have either legalized medical cannabis or have provisions allowing limited access, and the national trend shows increasing acceptance of medical and recreational cannabis.
Looking Ahead
As Nebraska waits for a final court decision, supporters of medical cannabis are holding their breath. If the legal hurdles are cleared, patients in Nebraska could soon gain access to much-needed treatment options. Eggers expressed hope that the long-awaited day would come soon: “The day that that happens, that’s when we know that we did our jobs.”
