The Secretary of State of Nebraska on Thursday rejected a legal challenge against an initiative to legalize medical marijuana, and cleared a path to the vote in November.
On Wednesday, officials informed the Nebraskans campaign for medical marijuana that their measure had sufficiently valid signatures to qualify. But on the same day, a law firm filed a motion requesting that the Secretary of State prevent the initiative from appearing on the ballot because, it claimed, it violated the rule of one subject of the state by excluding voting measures that handle more than one problem.
The company, which did not disclose its clients, also claimed that the proposal “creates confusion” and “creates doubts about what will be authorized after the election.”
But Secretary of State Robert Evnen – despite a recent three-vote initiative kicking the ballot because of a single-issue challenge – did not accept the legal argument and let the cannabis measure continue to be decided by voters.
“Whether the amendment complies with the rule for one subject is a narrow question,” Evnen wrote in his provision.
“The production and sale of medical cannabis has a natural and necessary link with legalization of medical cannabis for individual use, which is the primary purpose of the amendment,” he said, explaining why he ultimately rejected the claim that the measure did not -related issues. “As with other legal medicines, third parties have the right to manufacture, sell and distribute the medicines. It is inherent in the legalization of medical cannabis that one or another category of persons should be given the right or authority to produce, sell and distribute the medical cannabis. “
The Secretary of State concluded by saying that “the constitutional right to put forward petitions for initiative for a vote of the people is fundamental to our government and is iverich protected.”
“On the basis of my judgment, and for the reasons set forth above, I conclude that the amendment is legally sufficient and I will not abstain from voting unless otherwise determined by a court of competent jurisdiction,” he said.
The medical cannabis campaign led to the decision.
“We have been working for a long time on this moment, and today we are closer than ever to making medical marijuana safe and legally accessible to patients in Nebraska,” it wrote in an email to supporters. “Of course this is far from over. In fact, the real battle is just beginning. But this is the fight we’ve wanted for years because we know the people of Nebraska are on our side. “
It is not clear if the law firm representing unnamed residents attending the ballot will appeal Evnen’s decision.
The official seemed to be brushing off at the time of the late challenge in his seven-page response.
‘This is the eleventh hour. The appeal against the amendment was received by this office on Wednesday 26 August 2020, only 16 calendar days before the date on which I have to certify the vote in its entirety, “he said.” An issue of the size of this case will certainly result in the judgment of the court, which I also decide here. “
Nebracans for medical marijuana submitted nearly 200,000 signatures last month, well beyond the 121,669 needed to qualify for the vote.
Under the proposal, doctors could recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then possess, buy and “discreetly” cultivate marijuana for personal use.
Sens.Anna Wishart Adam Morfeld, co-chair of the legalization campaign, and other lawmakers have been trying for years to pass medical cannabis bills to the legislature, only to be blocked by opposition leadership. But with the help of the Marijuana Policy Project (MPP) and other advocacy groups, they decided to put the problem directly to voters.
This is a great deal, and a great step forward for the campaign.
– Senator Adam Morfeld (@Adam_Morfeld) August 27, 2020
“We are very pleased that Secretary Evnen is doing the right thing,” Jared Moffat, campaign coordinator for MPP, told Marijuana Moment. “Nebraskans were loud and clear that they want this on the ballot. We are 68 days away from election day, and now the real battle begins.”
While the campaign gathered signatures during the COVID-19 outbreak, it suspended its efforts again in May with new social security protocols in place.
The attorney general of Nebraska said last year in an opinion that efforts to legalize legal medical marijuana in the state would be prevented by federal law and “would therefore be unconstitutional.”
Here’s a status update on other drug policy reform campaigns across the country in 2020:
A measure to legalize marijuana in Arizona officially qualified for voting in November earlier this month.
The Montana Secretary of State also announced this month that cannabis activists are collecting more than enough signatures to qualify for two legalization measures.
The Washington, DC Board of Elections this month certified that activists have submitted enough valid signatures to place a measure for plant- and fungi-based psychedelics in the nation’s capital.
The Oregon Secretary of State confirmed last month that separate measures to legalize psilocybin therapy and decriminalize the possession of all drugs when expanding treatment services will appear in the November vote.
Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for the November vote in South Dakota.
The New Jersey legislature approved the holding of a referendum on cannabis legalization for voters as well.
And in Mississippi, activists are gathering enough signatures to qualify a medical cannabis legalization initiative for the vote – although lawmakers also approved a competing (and, from an advisory, less desirable) medical marijuana proposal that will appear alongside the campaign support initiative.
Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge recently ruled that the state had to make accommodations for a separate ballot box campaign due to signatures complications caused by the coronavirus pandemic. But after a U.S. Supreme Court ruling last week against the other group, hopes have been dashed.
A campaign to legalize cannabis in Missouri officially made its effort for 2020 because of the collection of signatures virtually impossible in the face of social distance measures.
North Dakota legalization activists for marijuana have shifted focus and will seek qualification for the 2022 vote.
Washington state activists had plans to implement a measure to decriminalize and treat drugs, but amid concerns over the outbreak of COVID-19, they announced last month that they would target the legislature instead.
Read the letter from the Secretary of State for Nebraska’s medical marijuana coverage below:
Medical Cannabis Initiative … by Marijuana Moment
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Photo courtesy of Brian Shamblen.
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