After LB 474 failed to pass this past legislative session, activists group Nebraskans for Medical Marijuana began writing a ballot measure. Medical cannabis would become legal in Nebraska, no matter what opposition the group faced, including Governor Pete Ricketts, R. He has consistently been against any form of cannabis legalization.
Originally, the group wrote one sentence for their ballot measure. It read:
“Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes.”
However, this sentence has now been withdrawn in favor of two separate ballot measures that would work together. The first would require the legislature to create statues to protect doctors who recommend medical cannabis. It would also create statues protecting patients who possess and use products from any criminal penalty. The second measure would require lawmakers to pass a bill protecting private businesses who produce and sell medical cannabis.
Is there a need for two separate ballot measures? Why not create one ballot measure that’s complete and comprehensive? Well, Nebraskans for Medical Marijuana had created such a ballot measure last year for the 2020 general election. Unfortunately, the Supreme Court of Nebraska found this ballot measure in violation of the single-subject clause. According to the Justices, legalizing medical cannabis is a separate issue from creating a regulatory framework for products and suppliers.
“I think we really heard what they (the Justices) said from our last initiative,” Senator Wishart said. “That’s why we’re transitioning away from the previous ballot initiative we’ve filed.”
Next Steps
The activist group is joining forces with Marijuana Policy Project (MPP), ACLU of Nebraska, and other organizations. Togethery, they plan to advocate for both measures and to begin collecting signatures upon approval from the Secretary of State.
“Our main goal is putting in place language that we feel absolutely confident in,” Senator Wishart explained, “that we have looked at every type of potential challenge that could come and feel we have addressed it.
“We have people who are not only more excited to work on this than they were before but who have recruited a team of volunteers to help them. As long as the language is good, which is what we’re working on now, we’re going to be successful.”
Supporters and activists appear to be excited to join together to put medical cannabis on the 2022 ballot. They aren’t the only state to do so. Oklahoma and Wyoming also recently filed legalization measures for the upcoming election. As more information becomes available, we will update you with the latest.
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