A Lancaster County District Court judge has dismissed a lawsuit seeking to overturn Nebraska’s newly approved medical cannabis law, ruling that the plaintiff, former State Senator John Kuehn, lacked legal standing to challenge the voter-approved initiatives.
Judge Susan Strong determined that the “minor costs incurred” by implementing the law were insufficient grounds for Kuehn to bring the case as a taxpayer under Nebraska law.
Costs of implementing voter-approved cannabis law too minor to justify taxpayer lawsuit, court finds.
The lawsuit, which targeted Nebraska’s medical cannabis program established through Initiatives 437 and 438, argued that the state law was unconstitutional due to marijuana’s continued classification as a Schedule I controlled substance under federal law.
Kuehn named Governor Jim Pillen and Secretary of State Bob Evnen as defendants in the case.
This dismissal marks the second time Judge Strong has rejected Kuehn’s legal challenge, who has previously attempted to block medical cannabis initiatives in the state.
Earlier efforts included claims of petition fraud to remove the initiatives from the ballot, which were similarly dismissed for lack of standing.
Nebraska voters approved the medical cannabis initiatives on November 5, 2024, with over two-thirds support.
Initiative 437 permits certified patients to possess up to five ounces of cannabis with a valid medical declaration, while Initiative 438 established the Nebraska Medical Cannabis Commission to license and regulate cannabis businesses.
Attorney General Mike Hilgers has also joined the opposition, seeking to block the measures through separate legal actions.
The court’s decision highlights the ongoing tension between federal prohibition and state-level cannabis reforms.
Despite marijuana’s federal illegality, the Nebraska court found that state-level protections can proceed in the absence of federal preemption enforcement, prioritizing the will of state voters.
For a constitutional challenge based on taxpayer status, Nebraska law requires demonstration of significant illegal expenditure.
The judge determined Kuehn failed to meet this threshold, as implementing the voter-approved initiatives involved legitimate state functions.
Crista Eggers, Executive Director of Nebraska Medical Marijuana, praised the ruling as a victory against attempts to undermine public will.
Following the ruling, the Nebraska Medical Cannabis Commission continues its work developing emergency regulations for dispensaries and related businesses.
The certification process will require a licensed healthcare provider’s judgment that a patient would benefit from cannabis use.
While the dismissal decision can be appealed and future legal challenges remain possible, the ruling represents a significant victory for medical cannabis advocates in Nebraska.
The implementation process moves forward despite continued opposition from prohibitionist groups and some state officials who have made multiple attempts to block both ballot measures and implementation since voters approved the initiatives.
