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Mon / Sep 16th

By: TG Branfalt

A former Nebraska state Senator has filed a suit to invalidate the two medical cannabis petitions – one to legalize medical marijuana and one to regulate industry – that were approved earlier this month for the November ballots.

The full story is below the jump.

A former Nebraska state Senator filed a lawsuit last week to invalidate two petitions relating to the legalization of medical cannabis in the State. Nebraska Examiner reports. Two petitions, one to legalize medical marijuana and the other to regulate the industry, were filed. Approved for November ballots Earlier this month,

John Kuehn filed the lawsuit. He is a former State Board of Health member, veterinarian, and rancher, who has opposed any type of cannabis legalization. The lawsuit argues that this proposal violates federal laws and the state constitution.

Kuen, who has been represented by Steven E. Guenzel (also a former senator), Cameron E. Guenzel (also a former senator) and Andrew La Grone in the lawsuit, makes seven arguments total:

  • Delays by the Nebraska Secretary-of-State’s Office to make copies of signatures publically available upon request. Secretary of State Bob Evnen is alleged to have a duty to “ensure that any diligent challenger has a meaningful chance to exercise their right of review and appeal” prior to certifying the ballot.
  • Insufficient valid signatures to access the ballot
  • Evnen did not strike duplicate signatures.
  • Anna Wishart, State Senator, made a false statement about a sponsor.
  • Both petitions violate the “single-subject” constitutional rule of the state, which requires that all measures contain only one subject.
  • A proposed Nebraska Medical Cannabis Commission, which would regulate medical cannabis, has been given an unlawful delegation of powers.
  • Preemption of federal law that classifies cannabis as a Schedule I narcotic.

The lawsuit is based on Kuehn’s review of the petitions which found that many signatures were invalid, and that they were “unlawfully” accepted by the secretary. The lawsuit also claims that there were duplicate signatures, signatures obtained before petition distribution officially began last summer, or signatures that were collected past a July 3, deadline, as well as other fraudulent methods of signature collection such a false notarization.

The state has not provided signature pages, so the lawsuit cannot provide evidence. The campaign to put the issue before voters submitted more than 114,000 petition signatures on July 3 for both petitions.

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