The fight to uphold the will of 71% of Nebraskans continues despite Gov. Jim Pillen signing proclamations on Dec. 12 that a pair of ballot measures to legalize medical cannabis were successful in the November election.
That’s because the Nebraska Supreme Court expedited an appeal from prohibitionist John Kuehn in a lawsuit challenging the validity of the signature-gathering process that Secretary of State Bob Evnen certified in early September.
Lancaster County District Court Judge Susan Strong dismissed Kuehn’s legal challenge on Nov. 26, ruling that the complementary petitions—to legalize up to 5 ounces of medical cannabis for qualifying patients and to create a regulated marketplace to grow and sell medical cannabis—fulfilled all constitutional and statutory requirements and are “thus legally sufficient under Nebraska law.”
RELATED: Nebraska Judge Upholds Voter-Approved Medical Cannabis Ballot Measures
On Election Day, Nebraska voters passed the first initiative, Measure 437, with 71% support, and the latter initiative, Measure 438, with 67% support. Kuehn, a former state senator of Nebraska, was unconvinced that the same constituents who put him in office should have had the opportunity to influence public policy on the measures.
Specifically, Kuehn’s legal team argued that the signature-gathering process for the measures involved fraud and notary malfeasance, appealing Strong’s ruling that his claims lacked evidence. The judge ruled that Kuehn needed to disqualify roughly 3,400 signatures for each ballot measure but only stripped the “presumptive validity” of fewer than 830 signatures.
In addition to appealing Strong’s ruling, Kuehn filed a new lawsuit on Dec. 10 in Lancaster County District Court asking for declaratory and injunction relief, arguing in part that the U.S. Supremacy Clause bars the voter-approved measures from going into effect because federal law preempts state cannabis regulations that conflict with the Controlled Substances Act (CSA).
While Strong rejected Kuehn’s request to block Pillen from his gubernatorial duties under the state constitution—to issue the proclamation validating the election results—the new case remains under review.
Although Pillen proclaimed the voters’ success in passing the medical cannabis measures, and in turn certified their enactment as law on Thursday, the governor also issued a joint statement with Nebraska Attorney General Mike Hilgers, a vocal opponent of legalization who has waged a separate battle against the signature-gathering process.
Specifically, the governor and attorney general said the proclamation does not express a judgment on the validity of the measures.
“Both the governor and the attorney general believe that serious issues remain regarding the validity of these petitions under federal law and the Nebraska Constitution,” they said. “The federal government has designated marijuana as a Schedule I controlled substance. Under federal law, it is unlawful to either possess or sell Schedule I controlled substances. The passed measures cannot, and do not, change federal law.”
This statement comes at a time when 38 states have legalized and implemented medical cannabis programs free of federal retribution, while another nine states have loosened their laws to allow for more restrictive, limited access to medical cannabis or its derivatives.
Specifically, the U.S. Congress regularly includes an appropriations rider in enacted legislation that prohibits the Department of Justice from using funds to prosecute state-legal medical cannabis operators in response to the disparity between state and federal laws.
Nebraskans for Medical Marijuana (NMM), the sponsoring committee behind the 2024 voter-approved legalization measures, issued a press release Dec. 12 claiming that, with Pillen’s proclamation, Nebraska is now officially the 39th state in the nation to legalize medical cannabis.
“Over a decade ago, a brave and determined group of patients and caregivers began fighting for medical cannabis access in our state,” NMM Campaign Manager Crista Eggers said in the release. “They shared their stories and poured their hearts into educating others about the life-changing potential of medical cannabis. This fight is not just about access to a plant—it’s about hope, dignity and the belief that no one should suffer needlessly when relief is possible.”
Eggers’ son, Colton, has battled severe epileptic seizures. According to the Epilepsy Foundation, cannabis can be effective in reducing these types of seizures. In addition, Epidiolex is an FDA-approved CBD prescription that can treat seizures associated with two rare syndromes causing epilepsy in children.
With Pillen’s proclamation providing enactment for the measures, NMM officials said the state has taken a monumental step forward.
“This is more than just a policy change—it’s a testament to the power of perseverance and compassion,” Eggers said. “For the countless patients who have waited, fought and dreamed of this day, Nebraska is closer to offering the help and healing they deserve.”
Under the latter initiative, Measure 438, a Nebraska Medical Cannabis Commission is to be created with the authority to oversee a regulatory structure, including adopting industry rules by July 1, 2025, and awarding business licenses by Oct. 1, 2025.
But with ongoing litigation, the realization of these statutory provisions remains unfinished.
“The journey isn’t over,” Eggers said. “While these measures are now law, patients must wait for the newly established regulatory commission to draft and implement the rules governing medical cannabis use. For many, this delay will feel agonizing. But today’s victory is a reminder that progress is possible—and that the dream of accessible relief and healing for Nebraskans is closer than ever to becoming a reality.”
