SUPREME COURT REJECTS LAST LEGAL CHALLENGE TO MEDICAL MARIJUANA

LINCOLN - In a second ruling in a week, the Nebraska Supreme Court on Friday has rejected a legal challenge seeking to strike down the legalization of medical marijuana by the state's voters. It was the last pending challenge remaining. 

Former state Sen. John Kuehn's first lawsuit alleged widespread fraud and malfeasance by circulators and notaries in the petition process. When that effort was unsuccessful in Lancaster County District Court, he filed an appeal. Then, he filed a second lawsuit, this time challenging the expenditure of state funds in order to make it a reality. The Supreme Court a week ago affirmed the dismissal of the first case. 

On Friday, the state's high court rejected Kuehn's second case, too.  "We conclude that Kuehn did not have either taxpayer standing or standing for a matter of great public concern to challenge the constitutionality of the Acts," Chief Justice Jeff Funke wrote in a unanimous opinion. On Dec. 12, 2024, Gov. Jim Pillen signed Initiatives 437 and 438 into law, while expressing reservations about the legality. At oral arguments in April, Kuehn's attorney, Edward Greim, of Kansas City, Missouri, argued that the commitment of state employee time and taxpayer money to enact the measures gave Kuehn standing to challenge it.

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