The recent march toward medical cannabis legalization in Nebraska has experienced significant legal turbulence, as opponents scramble to block new laws following the overwhelming approval from voters.
On December 11, 2024, Lancaster County District Judge Susan Strong ruled against blocking the state’s new medical cannabis laws from taking effect, paving the way for Governor Jim Pillen to sign proclamations by the required deadline. This decision came amid rising tension and legal challenges surrounding the issue.
Judge Strong expressed doubts over claims made by those seeking to prevent the laws from becoming reality. “I do not feel there is about to be immediate and irreparable harm to the plaintiff’s interests,” she explained during the hearing. “I also find the public interest does not favor issuance of the injunction.”
This lawsuit, led by John Kuehn—a former state senator and long-time opponent of cannabis legalization—argues the new measures violate federal law and misallocate lawmaking authority away from the state Legislature. Kuehn established the broader suit as the second legal challenge against the recently passed measures, having previously lost another case based on the validity of signatures collected for the ballot.
The body of laws set to be signed includes Initiative Measure 437 and Initiative Measure 438, which, respectively, permit the legal use of cannabis with doctor recommendation up to 5 ounces and establish the Nebraska Medical Cannabis Commission for regulatory oversight—a setup similar to the Nebraska Liquor Control Commission.
With public sentiment largely favoring the legalization of medical cannabis—71% of voters supported Initiative Measure 437 and 67% backed Measure 438—advocates from the Nebraska Medical Marijuana campaign view the recent challenges as attempts by powerful individuals to override the electorate’s will. Campaign manager Crista Eggers stated, "The assertion...disregards decades of state-led independence and innovation. Under the 10th Amendment, states have the right to address the unique needs of their citizens without undue interference.”
Despite the sweeping support for legalization, the legal saga surrounding these new regulations doesn’t appear to be over. Kuehn's attorneys contend the state laws conflict with federal classifications, which place marijuana alongside heroin as Schedule I drugs, and they argue against what they describe as unconstitutional delegation of law-making authority.
Greim, Kuehn’s lawyer, claimed the establishment of regulatory frameworks for cannabis would form “a small insular government” within the state, calling the measures ambiguous and potentially detrimental to the public. Citing the potential for conflicts with federal laws, Greim urged the court to delay the implementation to examine these broader constitutional questions before taxpayer resources are spent.
Meanwhile, Kuehn’s latest lawsuit was filed just as the State Canvassing Board, including Governor Pillen himself, certified the results of the November 5 election. This laid the groundwork for the new laws to be signed and facilitated Nebraska's emergence as the 39th state to green-light some form of medical cannabis use.
Pillen’s deadline to sign the laws is significant, as Nebraska’s state constitution mandates governors to act swiftly on such matters. With previous Governor Pete Ricketts having signed other laws within days, expectations are high for Pillen, who has yet to publicly respond to the various legal actions.
Supporters of the measures, including Eggers, claim the legal challenges undermine the democratic process and the voice of the voters. "To say...preventing the overwhelming will of Nebraska voters is [in] those voters’ best interests is frankly offensive to the electorate,” she said emphatically.
Despite the pushback, the tide appears to be shifting toward legalization across the United States, with nearly all other states having some form of legalized cannabis. This creates pressure to reflect the desires of the public more accurately.
The partisan lines drawn between those opposing and supporting the legalization highlight the broader cultural contest over cannabis, its place within American society, and its medicinal benefits for patients across the state.
Although the court's ruling allows for legalization to take place, the next steps remain uncertain. Kuehn's arguments could reshape the framework of not only Nebraska's laws but potentially influence legislation on cannabis elsewhere, depending on the outcome.
On the legal front, the case enters uncharted territory. Solicitor General Eric Hamilton warned about the potential floodgate of constitutional litigation Kuehn's arguments could open, highlighting the unusual nature of lawsuits seeking to intervene at this early stage of the lawmaking process. He indicated, “We’ve had 150-plus years of constitutional litigation...but Mr. Kuehn hasn’t cited any case where the validity of the statute has been tested this manner.”
What remains clear is the fervent desire for medical cannabis access among Nebraskans and the grassroots organization's commitment to safeguarding its implementation against external pressures.
Time will tell whether the efforts to block the new laws endure or if Nebraska fulfills the will of its citizens, granting much-needed access to medical cannabis for those who require it most.