LINCOLN — A Lancaster County district judge is reviewing whether to dismiss a lawsuit alleging that Nebraska’s voter-approved medical cannabis laws violate federal law after in-person arguments Tuesday. This is the second medical cannabis case to reach District Judge Susan Strong, who in late November ruled against a pre-election lawsuit challenging that the ballot measures shouldn’t have been placed on the ballot because of allegedly fraudulent notarizations. Strong rejected those arguments. In the latest case, Strong must first decide whether to let the federal preemption case proceed based on whether a longtime marijuana opponent, John Kuehn, has the necessary “standing” to sue.

That’s the legal term of art required for cases to proceed, meaning that Kuehn, a former state senator and former member of the State Board of Health, must show injury as a result of the new medical cannabis laws legalizing and regulating the drug. The ballot measures overwhelmingly passed in November, with 71% approval for legalization and 67% approval for a regulatory law. Tuesday’s arguments came on the same day state lawmakers are considering LB 677, a separate effort to create a clearer regulatory scheme around medical cannabis to assist in the program’s implementation.

Many of the arguments in court on Tuesday mirrored legal briefs filed earlier. Largely, they argue that Kuehn is not the right party to challenge the measures under “taxpayer standing,” or that, as a taxpayer, he should get to challenge “illegal” taxpayer spending. All 11 defendants named in the case from Kuehn have filed to dismiss the case. Attorney Jason Grams, for the three members of the new Nebraska Medical Cannabis Commission that voters’ regulatory law established, told Strong no taxpayer funds had been spent by Jan. 10, when Kuehn amended his lawsuit to include the commissioners.

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