LINCOLN, Neb. (WOWT) – A complaint filed in Lancaster County is trying to stop the medical marijuana ballot initiatives — widely passed by voters in November — from becoming Nebraska law.
The request for an injunction was filed Tuesday by John Kuehn, the plaintiff in the lawsuit over the medical marijuana petitions that got the issue on Nebraska ballots in the first place. It names Gov. Jim Pillen, Secretary of State Bob Evnen, as well as Anna Wishart, Crista Eggers, and Adam Morfeld as defendants.
“The votes were held on two activist-drafted initiative measures which had, to that point, evaded any judicial review for their compliance with the United States Constitution or Nebraska Constitution,” he alleges in the filing.
Kuehn also invokes “the supremacy clause” of the U.S. Constitution, arguing that the ballot initiative charged with creating a state regulatory system for medical marijuana violates federal law.
“The initiative wrongly delegates to an unelected board the people’s legislative power to determine what principles and standards — that is, what law — should govern the new marijuana industry, freezing out all other legislative or executive efforts to ensure the public’s health, safety, and welfare.”
Injunction request filed in Lancaster County
The request cites an opinion written by Attorney General Mike Hilgers as well as past failed efforts by Nebraskans for Medical Marijuana among the reasons supporting the injunction.
It also notes that Gov. Jim Pillen must issue his proclamation on the results of the November election by Thursday, and request a hearing take place “as quickly as possible.”
“The issue of the legal effect of the marijuana measures is one of great public concern because it will create many public health and safety risks for Nebraska citizens and in communities,” the document states.
Pillen, Hilgers, and other state officials certified Nebraska’s election on Dec. 2.
Measure 437, legalizing medical cannabis, passed by General Election voters on Nov. 5 with 637,000 voting to allow it and nearly 292,000 voting against it. The measure failed in Antelope, Arthur, Banner, Boyd, Chase, Frontier, Garfield, Grant, Greeley, Hayes, Holt, Hooker, Keya Paha, Logan, Loup, McPherson, Perkins, Rock, Sioux, Thomas, and Valley counties — some by only a couple of votes.
Measure 438, providing the means of regulation, passed about 600,000 to 292,000.
H/T: www.wowt.com
