Court ruling on ballot measures simplifies legalization of weed in Nebraska

A federal judge has scrapped provisions of Nebraska’s ballot initiative process in a ruling that will simplify efforts to put a measure legalizing medicinal cannabis on the ballot for November’s election. In his ruling, Federal District Court Judge John M. Gerrard wrote that a requirement that campaign campaigns collect signatures from 5% of voters in 38 counties violates the equal protections clause of the US Constitution. Gerard issued an executive order Monday preventing Nebraska from enforcing the rule as activists work to collect signatures for two initiatives to legalize complementary medicinal cannabis for the 2022 general election.

Under Nebraska law, citizens seeking to place an action on the ballot must collect signatures from at least 7% of registered voters, including at least 5% of voters in at least 38 of the state’s 93 counties. In a lawsuit, activists from the group Nebraskans for Medical Marijuana (NMM) and the American Civil Liberties Union claimed the 38-county rule was unconstitutional because it violated the right to free speech and the equal protections contained in the US Constitution are guaranteed.

Nebraska Initiative process violates “One Man, One Vote”

The plaintiffs argued that the rule violated the “one man, one vote” principle by making the signatures of voters in sparsely populated rural counties more valuable than the signatures of voters in Nebraska’s cities. Under the rule, plaintiffs said one voter in rural Arthur County is equivalent to 1,216 voters in Douglas County, which includes Omaha, Nebraska’s most populous city. NMM also stated that the requirement violates First Amendment rights by mandating how the group prioritizes its signature-gathering efforts.

“A district number or how likely we are to qualify determined where I send my resources, where I send volunteers, you know, signature collectors,” said Crista Eggers, campaign manager for Nebraskans for Medical Marijuana, a named plaintiff in the lawsuit, told local media.

Gerrard agreed with the plaintiffs and issued an injunction barring the state from enforcing the 38-county rule for ballot measures, including those currently being circulated by NMM for two related medical cannabis legalization measures.

“The state of Nebraska is free to require statewide support for a ballot initiative — but it may not do so on the basis of entities with dramatically different populations that result in voter discrimination,” the judge wrote in his ruling.

Gerrard also attacked the legal argument in support of the 38-county rule made by Nebraska’s Secretary of State Bob Evnen and Attorney General Doug Peterson, who argued that removing the requirement would destroy the state’s entire initiative process.

“Arguing for the state that the baby has to go with the bathwater is raising eyebrows,” Gerrard wrote in his 46-page statement.

Two medicinal cannabis proposals vie for voter support

Activists with NMM are currently handing out petitions for two medicinal cannabis initiatives for the November election. The first proposal would “oblige lawmakers to enact new laws to protect physicians who recommend medicinal cannabis and patients who possess or use medicinal cannabis from criminal prosecution,” according to a report in the Lincoln Journal Star. Under the second initiative, lawmakers would have to “pass laws that create a legal framework that protects private companies that produce and supply medicinal cannabis.”

The group has until July 7 to submit at least 87,000 signatures for each of the two initiatives. So far, the group has collected around 80,000 signatures. Initiative leaders say Gerrard’s decision will make the task easier, as meeting the 38-county rule has been a challenge, especially since the death of a major donor to the initiative in March.

“This allows me to collect signatures from all Nebraskans,” Eggers said.

Nebraska State Senator Anna Wishart, another leader of the campaign, said Monday’s ruling was a “huge win” for residents who want the medical use of cannabis to be legalized.

“Nebrascans across the state are supporting this cause because they know a loved one, friend or neighbor who is ill and would benefit from access to medical cannabis,” Wishart said.

On Tuesday, a federal judge denied a request by Evnen to stay the restraining order. The Attorney General’s office said Gerrard’s sentence would be appealed, a move that won the Foreign Secretary’s approval.

“I concur with the decision to immediately appeal the district court’s order voiding a provision of the Nebraska State Constitution regarding unsolicited applications,” Evnen said Monday night.

The Nebraska ACLU said it will continue to work to ensure the 38-county rule is not reinstated.

“We just have to see what Minister Evnen does,” said Daniel Gutman of the Nebraska ACLU. “And we will of course be ready to respond to that.”