A judge’s ruling Tuesday moved Nebraska one step closer to legalizing medical marijuana. At issue was whether proponents followed the law in gathering signatures to put legalization on the Nov. 5 ballot.
The decision by Lancaster County District Judge Susan Strong was a victory for advocates of medical marijuana, but opponents are likely to appeal it to the state Supreme Court.
“To prevail in this action, the plaintiff and Secretary had to show that more than 3,463 signatures on the Legalization Petition and 3,357 signatures on the Regulatory Petition are invalid. The Plaintiff and Secretary are well short,” Strong wrote.
A spokesperson for the Nebraska attorney general said the office’s lawyers were reviewing the ruling and considering whether to file an appeal.
More than two-thirds of Nebraska voters supported legalization at the polls Nov. 5. The results are scheduled to be certified Dec. 2.
Secretary of State Bob Evnen and Attorney General Mike Hilgers argue that problems with the way thousands of signatures were gathered meant the ballot initiatives shouldn’t have been put to voters. One person who circulated petitions in Grand Island was criminally charged with falsifying at least 164 signatures. Evnen, Hilgers and former state Sen. John Kuehn also raised questions about whether other signatures were properly notarized.
Nebraskans for Medical Marijuana argued in court that even if some of the signatures gathered were flawed, the group still had well over the 86,000 needed. In all, the group said it collected roughly 114,000 signatures to allow marijuana for medical use and set up a commission to regulate it.