Sponsored by

PuffItUp Dynavap VGoodiez 420EDC
  • Welcome to VaporAsylum! Please take a moment to read our RULES and introduce yourself here.
  • Need help navigating the forum? Find out how to use our features here.
  • Did you know we have lots of smilies for you to use?

Law Nebraska

momofthegoons

Vapor Accessory Addict
Staff member
Nebraska Medical Marijuana Initiative Has Enough Signatures For Ballot, But Legal Challenge Filed

Activists behind a campaign to legalize medical marijuana in Nebraska announced on Wednesday that the secretary of state’s office has informed them they collected enough signatures to qualify their initiative for the November ballot. Meanwhile, a law firm representing unnamed state residents filed a last-minute legal challenge attempting to prevent voters from having a chance to decide on the measure.

Nebraskans for Medical Marijuana said in an email blast that while the secretary of state has not formally certified the initiative, office staff informed them that they submitted enough valid signatures to make the cut.

There’s “no doubt that we met the constitutional requirements for signature collection,” Sens. Anna Wishart (D) and Adam Morfeld (D), cochairs of the campaign, said.

“This is an unbelievable achievement, and we’re ecstatic,” they said. “As much as we want to celebrate, there’s no time to waste. Nebraskans will begin casting their ballots next month, and we have to quickly ramp up our efforts to fight back against a very well-funded opposition campaign.”

“Just like we succeeded in the signature drive, our campaign can’t win at the ballot box without your help,” the email states. “Nebraskans have made their voices clear that they want a chance to vote on medical marijuana in November—now let’s win.”

In a press release, Wishart emphasized that the campaign “collected 123,000 signatures in one month—during a pandemic.”

“We couldn’t have done that without the support of tens of thousands of Nebraskans across the state,” she said. “This is overwhelming evidence that voters want medical marijuana on the ballot and legal for patients with serious and debilitating health conditions.”

Despite the signature qualification, however, a law firm sent a letter to the secretary of state on Wednesday, alleging that the legalization measure violates the state’s “single-subject” rule that precludes ballot initiatives that cover more than one issue, and arguing that the proposal “cases confusion” and “creates doubt about what will be authorized after the election.”

Three gambling-related measure were bumped from the ballot by the state this week over a single-subject dispute.


“On the same day we were told that we had enough signatures and qualified Medical Marijuana to be on the ballot we received a letter challenging the constitutionality of our initiative,” Morfeld wrote on Twitter. “Our language is drafted based on prior Supreme Court precedent and is constitutional.”

The secretary of state is aiming to make a determination about the legal challenge by Thursday, a Nebraska Public Radio reporter said.


Nebraskans for Medical Marijuana submitted about 182,000 signatures last month, well beyond the 121,669 required to qualify for the ballot.

“It’s absolutely incredible what the volunteers and this campaign pulled off. The state received signatures from nearly 200,000 Nebraskans, including parents of children with epilepsy, cancer patients, and veterans with debilitating pain—people whose lives literally depend on this being on the ballot and passing,” Jared Moffat, campaigns coordinator for the Marijuana Policy Project, told Marijuana Moment.

“The notion that one person could decide, based on a nonsensical legal argument, that this should not be on the ballot is simply unacceptable,” he said. “We will fight tooth and nail to ensure the people of Nebraska have a chance to vote on this amendment.”

Under the proposal, physicians could recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then be allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.

Wishart and other legislators have tried for years to pass medical cannabis bills in the legislature only to be blocked by opposition from leadership. But with help from the Marijuana Policy Project and other advocacy groups, they are now putting the issue directly to voters.

While the campaign suspended signature gathering amid the COVID-19 outbreak, it relaunched its efforts in May with new social distancing safety protocols in place.

Nebraska’s attorney general said in an opinion last year that efforts to legalize medical marijuana legislatively in the state would be preempted by federal law and “would be, therefore, unconstitutional.”
 

CarolKing

Always in search of the perfect vaporizer
At a news conference Monday, Gov. Pete Ricketts spoke against medical marijuana, claiming that, in states where its been legalized, people "show up to work stoned" and have a greater risk of accidents.
"This is not a benign thing, this is a dangerous thing," he said.

Nebraska's secretary of state announced that despite a recent legal challenge, he believes the medical marijuana initiative has enough signatures and stands up to a recent legal challenge. If the supreme court agrees, it will be on the ballot in November.

Web results
Governor of Nebraska Publicly Condemns Medical Cannabis During Press Conference


6 hours ago · Should Nebraska voters approve a measure legalizing medical marijuana this year, be prepared for workers in the Cornhusker State to clock in before they've come down. That was the warning issued ...
 
Last edited:

Baron23

Well-Known Member
Nebraskans for Medical Marijuana Celebrate Ballot Success


Nebraskans for Medical Marijuana is celebrating after receiving confirmation its amendment will appear on the November ballot.
Back in July we reported Nebraskans for Medical Marijuana delivered more than 182,000 petition signatures supporting a ballot initiative to enable patients access to medical marijuana as recommended by their physician or nurse practitioner. It also lays the foundation for a regulated market for producers and dispensaries in the state. The wording of the petition can be found here.
The result was quite a feat given the situation with the COVID-19 pandemic that impacted on their efforts. What it demonstrates is not only the group’s passion on the issue, but also that of Nebraskans.



That passion has paid off – Nebraskans for Medical Marijuana announced last week it had received word they had made it over the line.
“This is an unbelievable achievement, and we’re ecstatic,” said the group in a Facebook post. “But there’s no time to waste. Nebraskans will begin casting their ballots next month, and we have to quickly ramp up our efforts to fight back against a very well-funded opposition campaign.”
The original announcement stated there was no doubt the constitutional requirements had been met for signature collection, but the ballot hadn’t been certified at that point and NMM were still waiting on final word from Secretary of State Bob Evnen. That came the following day.
“Just heard from the SOS, Secretary Evnen will not withhold the medical marijuana issue from the ballot. Way to go Nebraska.”
The Secretary reportedly also said he had “no doubt” that his decision will be challenged in court and mentioned the decision in favor of allowing it on the ballot was a close call.
The first court challenge was filed on Friday local time.
Nebraska law allows citizens to bring forward constitutional amendments for approval on the ballot if enough signatures can be gathered – at least 10% of the electorate. To qualify for the 2020 ballot, approximately 122,000 signatures were needed by July 2.
According to the Marijuana Policy Project, not only is there no medical marijuana program in the state currently, there are also no other allowances for patients in Nebraska.
 

momofthegoons

Vapor Accessory Addict
Staff member
Nebraska Supreme Court Hears Case Challenging Medical Marijuana Ballot Initiative

The Nebraska Supreme Court on Thursday heard oral arguments in a case that will decide whether a medical marijuana legalization initiative will appear on the November ballot.

While the measure already qualified after activists turned in nearly 200,000 signatures in July, a legal challenge was filed against the secretary of state’s office late last month, with Lancaster County Sheriff Terry Wagner arguing that the proposal violates the state’s single-subject rule for ballot initiatives.

The state rejected that argument, but the local police official opted to take the case to court. Thursday’s hearing saw legal teams for the sheriff and the measure’s supporters—including state Sens. Adam Morfeld (D) and Anna Wishart (D)—make their respective cases about the appropriateness of including the reform proposal on the ballot.

The attorney for the plaintiff contended that the various provisions in the measure on patient access, retail sale and distribution constitute multiple issues that a single ballot initiative is not legally able to cover. But the defendant’s counsel made the case that this initiative’s scope is consistent with others that have been presented to voters and the single-subject matter is not at issue.

“The Nebraska Constitution provides the power of initiative is the first power reserved by the people. The power is precious,” the attorney representing the cannabis campaign said in his closing remarks. “It is one which the courts are zealous to preserve the fullest tenable measure, spirit as well as letter.”

“Here over 192,000 Nebraskans petitioned to exercise their right to vote on the medical marijuana initiative,” he said. “This court should zealously protect the power of initiative, recall its alternative writ and allow the voters to decide this major issue on November 3.”

A decision will need to be made in the case by September 11, which is the deadline to certify items for the November ballot.

If the measure is cleared for the ballot and voters approve it, physicians could recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then be allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.

While the campaign suspended signature gathering amid the COVID-19 outbreak, it relaunched its efforts in May with new social distancing safety protocols in place.

Nebraska’s attorney general said in an opinion last year that efforts to legalize medical marijuana legislatively in the state would be preempted by federal law and “would be, therefore, unconstitutional.”
 

momofthegoons

Vapor Accessory Addict
Staff member
Nebraska: Supreme Court Invalidates Proposed 2020 Medical Marijuana Legalization Initiative

Nebraska voters will not have the opportunity to decide this November on a statewide ballot measure to legalize and regulate medical marijuana.

The Nebraska Supreme Court issued an opinion this afternoon finding that the initiative’s language violated the state’s single subject rule requirement. The 5 to 2 ruling followed a last-minute legal challenge from a local sheriff that came about only after the Secretary of State had determined that proponents had met qualifications to place the issue on the November ballot. The Secretary of State had previously rejected the petitioner’s legal argument, but that decision was appealed to the Supreme Court.

The court concluded, “As proposed, the NMCCA contains more than one subject–by our count, it contains at least eight subjects. In addition to enshrining in our constitution a right of certain persons to produce and medicinally use cannabis under subsections (1) and (2), in subsections (3) and (4), the NMCCA would enshrine a right and immunity for entities to grow and sell cannabis; and in subsections (6), (7), and (8), it would regulate the role of cannabis in at least six areas of public life. These secondary purposes are not naturally and necessarily connected to the NMCCA’s primary purpose. As such, they constitute logrolling… The decision of the Secretary of State is reversed. We issue a writ of mandamus directing him to withhold the NMCCA from the November 2020 general election ballot.”

Initiative proponents, Nebraskans for Medical Marijuana, immediately published a statement online stating, “[T]his fight is not over” and that “nothing changes the fact that an overwhelming majority of Nebraskans stand with the patients and families who deserve compassion and safe access to medical cannabis.”

Commenting on the court’s decision, NORML State Policies Coordinator Carly Wolf said, “It’s extremely disappointing that Nebraskans with debilitating conditions will continue to be denied access to a therapeutic treatment that could provide significant benefits. An overwhelming majority of Nebraskans support this policy change, which I hope will propel state lawmakers to take action next year and approve legislation to reform Nebraska’s outdated and unjust marijuana policies.”

The campaign successfully gathered and submitted over 182,000 signatures earlier this summer.

The initiative would have amended “the Nebraska Constitution to provide the right to use, possess, access, and safely produce cannabis, and cannabis products and materials, for serious medical conditions as recommended by a physician or nurse practitioner.”

Nebraska is one of only three US states that remains on par with the federal government regarding the continued prohibition and criminalization of marijuana.

Medical marijuana legalization initiatives will be voted on in Mississippi and South Dakota on Election Day. Adult-use ballot initiatives will be voted on in New Jersey, Arizona, Montana, and South Dakota.

Read the full text of the Supreme Court’s decision.
 

momofthegoons

Vapor Accessory Addict
Staff member
Nebraska Medical Marijuana Activists Will Pursue 2022 Ballot Measure After Court Blocks This Year’s Effort

Nebraska medical marijuana advocates aren’t going down without a fight. Following a state Supreme Court ruling on Thursday that removed their initiative from the November ballot, the campaign announced on Friday that it will be creating a new committee to roll out a revised citizen petition for 2022.

The court determined that the measure violated Nebraska’s single-subject rule that limits the scope of what can be placed on the ballot before voters. The campaign strongly disputed the decision but said it will take lessons from the case to put together a new initiative that satisfies the court’s interpretation of state law by being “simple and broad” and has “no limitations.”

That means that while the measure that voters were prevented from deciding on this year had a carefully crafted system of licensing and regulations, the next version could allow the supply chain for medical cannabis to roll out with virtually no limitations on caregivers and patients—a situation that the prohibitionist activists who succeed this week will probably like even less.

“The Court has taken an already confusing and muddled single subject test and left Nebraska with no clear standard or test,” Nebraskans for Medical Marijuana said in a blog post. “We are left with an inference that if you do propose an initiative, it better be simple and broad and have no limitations, even if they are natural and necessary to the single subject. So that is exactly what we will do.”


All of this comes after the reform campaign submitted nearly 200,000 signatures in July to qualify the measure. But last month, Lancaster County Sheriff Terry Wagner filed a challenge against the secretary of state’s office, making the single-subject objection.

While the state rejected that argument, the local police official took it up in court. Lawyers for both the sheriff and supporters of the measure—including state Sens. Adam Morfeld (D) and Anna Wishart (D)—made their respective arguments during a hearing last week.

The attorney for the plaintiff contended that the various provisions in the measure on patient access, retail sale and distribution constitute multiple issues that a single ballot initiative is not legally able to cover. But the defendants’ counsel made the case that this initiative’s scope is consistent with others that have been presented to voters and the single-subject matter is not at issue.

The court released its final opinion Thursday, determining that the proposal does in fact violate the single-subject rule and cannot proceed to the ballot.

“With their ruling, the Court has made less clear an already confusing single subject legal standard,” Morfeld said in a press release. “We are left with the conclusion that if you do propose an initiative, it must be simple and broad and have no limitations, even if they are natural and necessary to the single subject. We will take this all into account when looking into drafting new language.”


The senator also speculated in a tweet on Friday that anti-cannabis Gov. Pete Ricketts (R) was behind the legal challenge.

“Lawsuits to strike down initiatives like medical marijuana that require highly paid attorneys do not just simply pop up out of nowhere,” he said. “It is coordinated and funded by the guy in the Northeast corner of the capitol. I have seen it played out time after time.”

“Here’s the bottom line: You cannot have a right to medical marijuana for medical purposes if you do not have access to a supply,” the campaign said. “There is a natural and necessary connection and thus a singular purpose, and this does not violate the single subject rule.”

The committee that’s being formed to push for a 2022 petition plans to partner with other advocacy groups to encourage candidates and elected officials to adopt a pro-reform position. They will also be creating a scorecard tracking where lawmakers stand on the policy change.

“If anyone thinks we are going to pack our bags and go home, they’re wrong and don’t understand why we fight so hard to legalize medical cannabis,” Wishart, a state senator and cochair of the campaign, said. “Our home is Nebraska, and we are here to stay and advocate for parents and families who are watching their loved ones needlessly suffer. We will not rest until Nebraska enacts a compassionate medical cannabis law that provides relief to the people who desperately need it.”

Wishart has previously introduced cannabis reform legislation, but it’s stalled in the legislature. As the committee pursues another ballot initiative, it’s possible that activists and the lawmakers will continue the policy change push legislatively in the interim.

While the activists suspended signature gathering amid the COVID-19 outbreak, they relaunched its efforts in May with new social distancing safety protocols in place. They overcame those obstacles, but the court challenge ended the fight to legalize medical cannabis in the state for the year.

Nebraska’s attorney general said in an opinion last year that efforts to legalize medical marijuana in the state would be preempted by federal law and “would be, therefore, unconstitutional.”
 

Sponsored by

PuffItUp Dynavap VGoodiez 420EDC Dispensr
Top