Nebraska Supreme Court May Overturn Election Results Legalizing Medical Cannabis

A fierce legal battle in Nebraska could derail the overwhelming will of voters who approved medical cannabis legalization in the state’s November election. Despite Governor Jim Pillen signing proclamations on December 12 affirming the success of the ballot measures, the Nebraska Supreme Court has fast-tracked an appeal challenging the process that brought these measures to voters.

Legal Wrangling Over Voter-Backed Cannabis Measures

The controversy stems from two initiatives—Measure 437, which legalizes medical cannabis for qualifying patients, and Measure 438, which establishes a regulated marketplace. Both measures passed with resounding support: 71% for the first and 67% for the second. However, former state senator John Kuehn isn’t convinced the process was above board.

Kuehn argues the signature-gathering efforts leading up to the election were fraught with fraud and notary misconduct. While Lancaster County District Court Judge Susan Strong dismissed these allegations on November 26, Kuehn’s legal team has appealed, asserting that enough signatures should be invalidated to nullify the measures.

Judge Strong’s decision hinged on the validity of roughly 3,400 signatures. After reviewing the evidence, she stripped fewer than 830 signatures of their validity, far short of what would be needed to disqualify the petitions.

Adding to the tension, Kuehn filed a new lawsuit on December 10, arguing that federal law—specifically the Controlled Substances Act—preempts Nebraska’s medical cannabis measures, making them unenforceable.

Political Doubts and Federal Law Concerns

Governor Pillen’s proclamation legally enacts the measures, but his joint statement with Nebraska Attorney General Mike Hilgers struck a skeptical tone. Both officials emphasized that the proclamation is not an endorsement of the measures’ validity under state or federal law.

“The federal government has designated marijuana as a Schedule I controlled substance. Under federal law, it is unlawful to either possess or sell Schedule I substances,” the statement read. “The passed measures cannot, and do not, change federal law.”

This perspective clashes with national trends. Currently, 38 states have implemented medical cannabis programs without facing federal interference. An appropriations rider enacted by Congress has prohibited the Department of Justice from targeting state-legal medical cannabis operators.

Advocates Celebrate, But Hurdles Remain

Nebraskans for Medical Marijuana (NMM), the group behind the ballot initiatives, celebrated the proclamation as a landmark moment. Campaign Manager Crista Eggers, whose son suffers from severe epilepsy, highlighted the years of advocacy leading to this moment.

“This fight is not just about access to a plant—it’s about hope, dignity, and the belief that no one should suffer needlessly when relief is possible,” Eggers said in a press release. The Epilepsy Foundation has noted that cannabis can reduce seizures, and the FDA-approved CBD prescription Epidiolex has shown promise for similar conditions.

Eggers acknowledged, however, that patients will have to wait. Measure 438 includes provisions to establish a Nebraska Medical Cannabis Commission tasked with drafting regulations and awarding business licenses. These rules aren’t expected until mid-2025, leaving a lengthy implementation process ahead.

The Supreme Court’s Role and What’s Next

The Nebraska Supreme Court’s expedited handling of Kuehn’s appeal could determine whether these measures survive. The court’s decision will likely center on two critical issues:

• Signature Validity: Were there enough irregularities to invalidate the petitions?
• Federal Preemption: Does the Controlled Substances Act override Nebraska’s voter-approved measures?

Both legal questions carry significant weight. A ruling against the measures could upend Nebraska’s status as the 39th state to legalize medical cannabis, a milestone celebrated by NMM just this week.

For now, the measures stand, and Governor Pillen’s proclamation provides them with the force of law. Still, the litigation’s outcome could change everything.

Hope, Uncertainty, and Delays

For advocates, this moment is bittersweet. While the ballot measures’ passage signals progress, the fight isn’t over. Legal challenges and regulatory delays mean that patients seeking relief could wait years before they see tangible benefits.

“The journey isn’t over,” Eggers reiterated. “For many, this delay will feel agonizing. But today’s victory is a reminder that progress is possible—and that the dream of accessible relief and healing for Nebraskans is closer than ever to becoming a reality.”

As Nebraskans wait, one thing remains clear: the fight for medical cannabis in the Cornhusker State is far from settled. Whether through courtrooms or regulatory halls, the struggle continues.