Nebraska medical cannabis initiatives pass, but eligibility questions unresolved

Nebraska voters on Tuesday overwhelmingly supported two initiatives to legalize and regulate medical cannabis, although state courts still could decide the citizen-led ballot measures should have been left off the ballot altogether.

More than 70% of the state’s 693,944 ballots had been counted as of 12:45 a.m. ET on Wednesday, and a ballot initiative that would permit health care providers to recommend medical marijuana was winning with 71% of voters in favor and 29% against, according to the Nebraska Secretary of State.

A second ballot measure to implement a regulated medical marijuana market also appeared all but assured to win, with 67% of voters in favor compared with 33% against.

Crista Eggers, statewide campaign manager for Nebraskans for Medical Marijuana, said voting for the initiatives her organization worked to get placed on the ballot was “definitely a top-10 moment.”

“Nebraskans finally have had their voices heard on this issue,” Eggers told MJBizDaily on Tuesday night.

“We’ve known that they support this, but to actually see Nebraska voters have their voices heard is one of the greatest moments that I’ve ever experienced in my life.”

Voters in three other states were asked to decide whether to legalize adult-use marijuana on Tuesday, but as of that night Nebraska appeared to be the only one to vote in favor of a statewide marijuana initiative.

Legalize and regulate

In Tuesday’s general election, Nebraska voters were asked to weigh in on two measures:

• Initiative 437: The Nebraska Medical Cannabis Patient Protection Act legalizes possession of up to 5 ounces of medical marijuana for adults with a written recommendation from a health care provider.
• Initiative 438: The Nebraska Medical Cannabis Patient Protection Act establishes a state Medical Cannabis Commission to oversee the manufacturing, distribution, delivery and dispensing of MMJ in the state.

According to MJBizDaily analysis, regulated medical marijuana sales in Nebraska could reach $50 million during the first full year of operations and more than $100 million by its fourth year.

Marijuana operators weigh in

John Mueller, CEO and founder of Kansas City, Missouri-based marijuana multistate operator Greenlight Dispensary, told MJBizDaily via email that his company “invested heavily” in the MMJ initiative “because we’ve seen firsthand what works in medical markets across the country.”

“Today’s decision by Nebraska voters marks the end of unnecessary delays and the beginning of a modern medical cannabis program rooted in proven healthcare practices,” Mueller added.

“This program will transform lives in Nebraska, creating professional opportunities while ensuring patients receive thoroughly tested, regulated medicine.”

David Craig, chief marketing officer for multistate operator Illicit Gardens, also based in Kansas City, told MJBizDaily that votes in favor of the MMJ measures also were votes for “boosting the state’s economy” and “rectifying long-standing social injustices.”

“We applaud the citizens of Nebraska for embracing this significant change,” Craig said in an emailed statement.

“The cannabis industry is eager to collaborate with state officials, businesses, and community organizations to ensure the responsible and effective implementation of the new law.”

Where marijuana is legal in the United States

Eligibility on trial

Bob Evnen, the Nebraska secretary of state, on Sept. 13 certified nearly 90,000 signatures collected by the Nebraskans for Medical Marijuana campaign.

The move came one day after former state Sen. John Kuehn filed a lawsuit challenging whether thousands of the signatures were legitimate after some collected by a Grand Island man came under scrutiny.

Lancaster County District Court Judge Susan Strong last week rejected a request by Kuehn’s attorneys that the state stop counting votes for the MMJ initiatives.

Instead, Strong heard closing arguments on Monday and ordered attorneys on both sides to submit briefs in the case by Nov. 18.

The judge's decision is expected shortly thereafter, though she expects a challenge to the Nebraska Supreme Court.

'Fight isn't over'

Campaign manager Eggers said that while she is “confident Nebraska voters are going to have their voices heard (in state court) ... this fight isn’t over.”

“The fight will not be over until patients in this state have access to state-regulated medical cannabis, and we will continue to advocate until that day comes,” she said.

Eggers said she took her son, Colton, with her to the polls on Tuesday, when she cast her vote in favor of Initiatives 437 and 438.

Colton has a severe form of epilepsy, a qualifying condition for medical marijuana in many state-regulated MMJ markets.

“For me, personally, the job will not be done until every mother who is in a situation like I'm in with my son ... has that option for their child,” Eggers told MJBizDaily.

“Instead of hearing that you have no options left, they will be able to be given medical cannabis as an option.”

Gurpreet "Pete" Sahani, CEO of The Blinc Group, a New York-based cannabis vape maker, called the vote in favor of legalizing a medical marijuana market in Nebraska “a monumental step forward” to reduce burdens on the criminal justice system and generate tax revenue for the state.

“With this new framework, Nebraska can establish a well-regulated market that prioritizes safety and accountability while offering a pathway to expungement for past cannabis-related offenses, rectifying past injustices,” Sahani said in a statement emailed to MJBizDaily.

Kate Lavin can be reached at kate.lavin@mjbizdaily.com.