LINCOLN — Gov. Jim Pillen on Thursday signed a pair of initiatives into law that legalize and regulate medical marijuana in Nebraska.
With the stroke of a pen, Pillen fulfilled his statutory and constitutional duty, declaring the petitions circulated by Nebraskans for Medical Marijuana “in full force and effect as part of the statutes of the State of Nebraska.”
The governor stressed that despite issuing the proclamations, he still has reservations about the legality of the measures, however.
The signing was met with praise from Nebraskans for Medical Marijuana, which conducted the campaign to put the issue before voters in each of the last three election cycles.
Crista Eggers, campaign manager for the ballot committee, called the signing a win for Nebraskans patients and caregivers who have advocated for medical cannabis at the Capitol and across the state for more than a decade.
“There was a brave and courageous group of parents who, years and years ago, saw the help this plant was giving to patients in other states,” Eggers said in a phone interview. “That group began fighting, they began educating and opening other people’s minds and hearts to change the lives of their fellow Nebraskans.”
Eggers, whose son, Colton, has severe intractable epilepsy, said the proclamations declaring Initiative 437 and Initiative 438 as law give many individuals and families hope for the future.
“There’s really no words to describe the hope this is going to give to so many,” she said.
Pillen’s signing comes a day after a Lancaster County District Court judge denied a request from a former state lawmaker to bar the governor from signing the initiatives into law.
On Wednesday, Judge Susan Strong rejected a motion from former state Sen. John Kuehn, a marijuana opponent who sued Pillen and Secretary of State Bob Evnen, seeking to stop the governor from issuing the proclamations.
Strong, at the end of a nearly 45-minute hearing, said there were no reasons to stop the proclamations from being issued, adding “the public interest does not favor the issuance of the injunction.”
The judge also declined to rule on Kuehn’s argument that the statutes were in conflict with federal law and that they created a new regulatory agency without approval from the Legislature.
Strong previously ruled against a separate lawsuit brought by Kuehn, who alleged widespread fraud and malfeasance among Nebraskans for Medical Marijuana circulators and notaries.
At the end of a four-day civil trial on Nov. 4, Strong said there was no evidence to show the initiatives should be deemed “legally insufficient” and have the votes for each declared void.
That case has been appealed.
While the proclamations, which state the number of votes for and against each measure, were signed by Pillen and Evnen, a press release sent Thursday from the Governor’s Office indicated legal challenges against the issues could continue.
Pillen and Attorney General Mike Hilgers — whose office defended Pillen’s obligation to declare the initiatives law during Wednesday’s hearing — said they wanted to “caution the public on the limited nature of these proclamations.”
“The proclamations do not express a judgment on the validity of the measures,” the governor and attorney general said.
Pillen and Hilgers said they believe “serious issues” remain about the initiatives’ legality under federal law.
“The federal government has designated marijuana as a Schedule I controlled substance,” they said. “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,” the message concluded.
Nebraska voters overwhelmingly supported both medical marijuana initiatives at the Nov. 5 election, joining 38 other states that have previously enacted medical cannabis laws.
Initiative 437, which allows doctors to recommend cannabis to their patients and for patients who have been recommended cannabis by a doctor to possess and use it, passed with more than 70% of the vote.
Initiative 438, which establishes a regulatory process for medical marijuana, received 67% support at the election.
Both measures won 70 of Nebraska’s 93 counties.
With Initiative 438 taking effect, a new commission will be responsible for developing regulations for medical marijuana businesses before July 1, 2025. Medical marijuana outlets could then begin applying for licenses beginning Oct. 1, 2025.
The commission will include three members of the Nebraska Liquor Control Commission, with Pillen able to appoint two other members.
Those nominees would need to be confirmed by a majority of the Legislature, which convenes for a 90-day session Jan. 8.
One member of the Liquor Control Commission, Harry Hoch Jr., will see his term expire in May next year, meaning Pillen could potentially appoint three members of the body responsible for drawing up regulations for medical marijuana in Nebraska.
Eggers said Nebraskans for Medical Marijuana and its supporters planned to celebrate the “hours, days, months, and years” that went into passing the initiatives with an eye on the future.
“We know this is just one more step and we intend to fully continue advocating for safe and regulated access to medical cannabis,” she said, adding the organization planned to participate in the regulatory process.
Eggers said she plans to continue advocating for other parents of children with severe forms of epilepsy and other illnesses to be able to consult with their doctors about medical cannabis “and walk away with more hope for their child’s future.”
“We don’t stop fighting until that day happens,” she said.
H/T: omaha.com
