Initiative measure 438the Nebraska Medical Cannabis Regulation Act, would define cannabis; legalize the possession, production, distribution, supply and dispensing of cannabis for medical purposes; and creates the Nebraska Medical Cannabis Commission to oversee the new law.

Crista Eggers, the campaign manager for the ballot measure, told the Nebraska Examiner on Tuesday that after more than a decade of fighting and three ballot attempts, “it makes it clear to us that we have always fought for the right reason.”

“We have been fighting for the patients of this state, and tonight’s victory is not due to a few people or one campaign,” she said. “Tonight’s victory is for Nebraska patients.”

Legal challenges

The legal challenges were filed by John Kuehn, a former senator and former member of the State Board of Health who opposes medical marijuana, and Secretary of State Bob Evnen, who launched his own challenges as part of Kuehn’s lawsuit even though his office already certified the voting measures for the vote

Attorney General Mike Hilgers’ office is defending Evnen in the case. Hilgers has opposed legalizing medical cannabis and delta-8, which contains THC, the compound in the cannabis plant most associated with getting a person high. Hilgers served in the Legislature with Kuehn, as did one of Kuehn’s attorneys, former state Sen. Andrew La Grone.

The lawsuit can end in different ways. Strong can:

• They outright side with Kuehn and Evnen, causing the election results to be declared invalid.
• Side with Kuehn and Evnen, but let the vote sponsors try to resolve the “invalidity” of sufficient signatures in a second phase of the process, after the election.
• They squarely side with the vote sponsors, ending the lawsuit in a lower court, which would leave the election results intact.

Strong and attorneys involved in the case have acknowledged that regardless of who prevails, the case will likely be appealed to the Nebraska Supreme Court.

Eggers, whose 10-year-old son Colton has epilepsy and severe seizures, said there is still work to be done. The campaign remains confident that it will prevail in the court battle, Eggers said, and hopes that patients and loved ones will one day soon find hope and strength from a new treatment option.

“The day that happens, we know we have done our job,” Eggers said. “It’s not over yet, there’s still a lot ahead of us, but I think tonight it’s clear that the people of Nebraska have made their voices heard on this issue once and for all.”

Third attempt at a ballot

Multiple legislative efforts, including some led by one of the ballot sponsors, Sen. Anna Wishart of Lincoln, had previously stalled, moving the fight to the ballot box.

The campaign for the 2020 election began in 2019 with a constitutional amendment that the Nebraska Supreme Court ultimately ruled was too broad and inconsistent with the Nebraska Constitution.

Before the 2022 vote, sponsors returned with separate petitions to legalize and regulate the drug, but failed to gather enough signatures, partly after the death of a major donor.

The 2024 effort is the furthest Nebraskans have gone on medical marijuana.

The U.S. Department of Justice has formally transitioned to reclassifying marijuana as a less dangerous drug, which could promote future federal approval.

Thirty-eight states have legalized medical marijuana, while 24 of them, plus Washington, DC, have also legalized recreational use. The other states, including Nebraska, allow limited access to cannabis products with little to no THC, according to the American newspaper Pew Research Center.

Nebraska constitutional officials will meet on December 2 to certify Tuesday’s election results. Legal challenges may continue after that date.

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