The Nebraska Secretary of State announced on Sept. 13 that two ballot initiatives to legalize and regulate medical marijuana were certified for the November ballot. The measures are initiated state statutes that needed valid signatures from 5% of the registered voters (86,499 signatures) in each of two-fifths (38) of Nebraska’s 93 counties. The secretary of state reported that each petition contained over 89,000 valid signatures and met the distribution requirement in 52 counties.
Initiative 437 would legalize the use of up to five ounces of marijuana for medical purposes by qualified patients. Qualified patients would include patients 18 years or older with a written recommendation from a healthcare practitioner or younger than 18 years of age with a written recommendation from a healthcare practitioner, as well as patients with written consent from a parent or guardian.
Initiative 438 would enact the Nebraska Medical Cannabis Regulation Act. The act would legalize the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes. It would establish the Nebraska Medical Cannabis Commission to regulate and provide the necessary registration for the medical marijuana program. The commission would be required to establish criteria and processes for registration for medical marijuana establishments no later than July 1, 2025. Beginning on Oct. 1, 2025, the commission would be required to start granting registration to applicants who meet the established criteria.
In a press release, Crista Eggers, campaign manager of Nebraskans for Medical Marijuana, said, “Today we celebrate, along with Nebraska patients and caregivers, in this significant milestone of ballot certification. Many years of hard work and Nebraska’s unwavering and overwhelming support have made this day possible. We are confident that come November, Nebraskans will once and for all have the ability to vote FOR safe and compassionate medical cannabis access and regulation.”
There is ongoing litigation surrounding the validity of signatures collected by the campaign. Former Sen. John Kuehn (R), who co-founded Smart Approaches to Marijuana, filed a lawsuit against Nebraska Secretary of State Bob Evnen (R), arguing the secretary did not grant enough time to request signatures to challenge the secretary’s certification. The lawsuit also argues the initiatives violate the state’s single-subject rule. The deadline to certify the ballot was Sept. 13.
In addition to this lawsuit, Nebraska officials have announced felony charges against Michael Egbert of Grand Island related to alleged fraudulent signature-gathering practices used for the two petitions.
As of 2024, medical marijuana was legal in 38 states and the District of Columbia. Of the 38, 18 states established medical marijuana through the ballot initiative process. It was approved by the widest margin in South Dakota in 2020 by a vote of 69.92% to 30.08%.
Measures to legalize recreational marijuana will also be on the ballot in Florida, North Dakota, and South Dakota. In Oregon, a measure to require cannabis retailers and processors to remain neutral when labor organizations communicate with employees about collective bargaining rights is on the ballot. An initiative campaign in Arkansas submitted signatures to expand the state’s medical marijuana program.
Nebraska ballots will feature a record high of six ballot initiatives—the most since at least 1985. The average number of citizen initiatives in Nebraska between 2010 and 2022 was one. In 2024, Nebraskans will be deciding on an initiative to require employers to provide paid sick leave, an amendment to prohibit abortion after the first trimester, except in cases of medical emergencies or if the pregnancy is the result of sexual assault or incest, an amendment to establish a right to abortion before fetal viability in the state constitution; and a veto referendum to partially repeal Legislative Bill 1402, which authorizes the state treasurer to administer an education scholarship program with a $10 million budget beginning in fiscal year 2024-2025.
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