Nebraskan medical marijuana residents drop lawsuit against secretary of state – what’s next?
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Nebraskans for Medical Marijuana on Thursday dropped its lawsuit against Secretary of State Bob Evnen. The lawsuit argued that the state’s requirement that 5% of registered voters in 38 counties sign a petition in order to put the initiative to a vote is unconstitutional.
The dismissal, filed by the Nebraska ACLU on behalf of Nebraskans for Medical Marijuana, comes after a 2-1 decision by the US Court of Appeals for the Eight Circuit reinstated the state’s requirement in August.
Crista Eggers, the organizer behind the Nebrascans’ Medical Marijuana Petition, sued Evnen in federal court in May, claiming the request violated the Equal Protections Clause of the 14-century-old Equal Power 1,000 Douglas County residents who signed the same petition, Omaha reported World Herald.
U.S. District Court Judge John Gerrard ruled in favor of the Nebraskans for medical marijuana in June, issuing an injunction that prevented Evnen from enforcing enforcement, but that was later overturned by a three-judge panel.
Photo by Olena Ruban/Getty Images
With the request from several counties, the medicinal cannabis proposals each fell short by about 9,000 signatures needed to get on ballots for November’s general election.
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The first would require legislators to enact laws that protect doctors who recommend medical treatment with cannabis and patients who use it. The other would force lawmakers to set rules for the medicinal cannabis program.
The three judges of the 8th federal court referred to the fact that the right of petition was created by state law and not the US Constitution, meaning that the rights of the group were not violated.
State Senators Anna Wishart of Lincoln and Jen Day of Omaha announced plans to introduce bills legalizing medical marijuana in the next legislative session, which will begin in January.
This article originally appeared on Benzinga and has been republished with permission.
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