Nebraska Judge Rejects Attempt to Block Governor from Certifying Medical Marijuana Initiatives
A district judge in Nebraska has denied a request to block the state’s incoming medical cannabis laws from taking effect. The lawsuit, filed by a former state senator and longtime marijuana opponent, argued that the measures violate federal law and unconstitutionally delegate lawmaking authority away from the Legislature.
Judge Susan Strong rejected the request, stating that she did not feel there was an immediate and irreparable harm to the plaintiff’s interests and that the public interest did not favor issuing an injunction. The governor, Jim Pillen, is expected to sign the proclamations by the end of the week, which would legalize and regulate medical cannabis in Nebraska.
The medical cannabis measures, Initiative Measure 437 and 438, were approved by voters in November with 71% and 67% support, respectively. The measures would allow for the legalization of up to 5 ounces of medical cannabis with a written doctor’s recommendation and establish a new agency to regulate the drug.
The lawsuit is the second legal challenge against the measures, with the first challenge being dismissed in November. The broader lawsuit will continue in Strong’s courtroom, with the next hearing scheduled for January.
The decision is seen as a major victory for proponents of medical cannabis in Nebraska, who have been pushing for legalization for years. The state will become the 39th to authorize some form of medical cannabis, with nearly every state except Nebraska allowing some form of cannabis or its derivatives.
The lawsuit’s opponents argued that the request would force the governor to violate his constitutional duties, while the governor’s office confirmed that Pillen will comply with his statutory duty to sign the proclamations by the required deadline.
The debate surrounding the medical cannabis measures has been contentious, with some arguing that the laws are unconstitutional and others claiming that they are a necessary step towards providing relief for patients in need. The decision is seen as a significant step forward for medical cannabis in Nebraska, and could pave the way for further legalization efforts in the state.
