Medical Marijuana Measure Removed From Nebraska’s November Ballot By State Supreme Court

Medical Marijuana Measure Removed From Nebraska’s November Ballot By State Supreme Court

The Nebraska Supreme Court ruled on Thursday that a medical marijuana legalization initiative cannot appear on the state’s November ballot following a legal challenge. Activists turned in enough signatures in July to qualify the measure, but Lancaster County Sheriff Terry Wagner filed a challenge against the secretary of state’s office last month, arguing that the proposal violates the state’s single-subject rule for ballot initiatives and would confuse voters. While the state rejected that argument, the local police official took it up in court. Lawyers for both the sheriff and supporters of the measure—including state Sens. Adam Morfeld (D) and Anna Wishart (D)—made their respective arguments during a hearing last week. The attorney for the plaintiff contended that the various provisions in the measure on patient access, retail sale and distribution constitute multiple issues that a single ballot initiative is not legally able to cover. But the defendant’s counsel made the case that this initiative’s scope is consistent with others that have been presented to voters and the single-subject matter is not at issue. The court released its final opinion Thursday, determining that the proposal does in fact violate the single-subject rule and cannot proceed to the ballot. “As proposed, the [Nebraska Medical Cannabis Constitutional Amendment] contains more than one subject—by our count, it contains at least eight subjects,” the court concluded. “In addition to enshrining in our constitution a right of certain persons to produce and medicinally use cannabis under subsections (1) and (2), in subsections (3) and (4), the…

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Source : MJ moment
Link to original : Medical Marijuana Measure Removed From Nebraska’s November Ballot By State Supreme Court
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