District court begins hearing in Nebraska medical marijuana case

LINCOLN — A Lancaster County District Court judge said Friday she intends to decide “reluctantly” next weekend whether to dismiss a lawsuit seeking to invalidate Nebraska’s medical marijuana application.

Judge Susan Strong during a 20-minute preliminary briefing in a lawsuit filed by John Kuehn, a veterinarian, rancher, former state senator and former member of the Nebraska State Board of Health announced the news. The lawsuit seeks to either remove two certified marijuana measures from the Nov. 5 ballot or prevent the vote count and invalidate the election results.

“Hopefully we can work together to resolve these claims as quickly as possible, hopefully before the election, although I know we won’t have to,” Strong said during the initial hearing. “I think that would be the best course to take.”

Lancaster County District Judge Susan Strong. September 20, 2024.

below State LawChallenges to the ballot measure could arise before or after the contested election, but attorneys for Strong, as well as Secretary of State Bob Evan and Coon, have said they prefer to move quickly to give voters more time before the November election. Understand the impact.

Avnen’s attorneys and campaign sponsors are asking for all or part of the lawsuit to be dismissed. Lawyers for the sponsors derided the lawsuit as “the equivalent of a recount.”

Kuhn claimed there were too many invalid signatures

Kuehn, who opposes any version of legal marijuana, filed the lawsuit on Sept. 12. The next day, Evnen certified the petition and the ballot.

On Tuesday, Kuhn amended the lawsuit against Evnen and three of the campaign’s sponsors from seven counts to four. One of the dismissed charges said Nebraska could not legalize marijuana in any form because the federal government had not yet rescheduled its use.

Heartwell’s John Kuhn, left, and Steven Guentzel, one of Kuhn’s attorneys. September 20, 2024.

Kuhn’s original charges included violating state law and the Constitution, as well as federal regulations that classified marijuana as a Schedule I drug, the same level as heroin or LSD.

Kuhn specifically claims in the new filing that officials verified nearly 90,000 signatures on the legalization petition, but at least the following were illegally counted:

With 13,243 signatures, petition distributors did not disclose whether they had paid. Signatures from 2,433 signers who were not registered voters. Chapter 568 signature, notarization is legally invalid because the circulator was not present when the petition was filed. 411 The voter’s signature, date of birth on the petition did not match the purported signer’s voter registration document. 134 signatories provided no addresses. 67 signatures came from signers who signed the petition multiple times, but Evnen failed to be removed from the signature count. There are 60 signatures ahead of the signature collection window (summer 2023). 48 signatures where the voter was not a registered voter before the petition was submitted for verification. 21 signatures are dated upon submission of the petition for verification, and 15 signatures are dated upon notarization submission with the date of submission (July 3, 2024).

“For the reasons contained herein, the petition is legally insufficient, the Minister’s certification of the petition is invalid and of no legal effect, and the court shall enter appropriate injunctive and declaratory relief to prevent the corresponding initiative from appearing on the ballot and by the voters,” Kuhn’s lawsuit states.

Kuhn, on the other hand, sought to prevent the votes for these measures from being counted, or to prevent Evenn from counting or certifying such results.

Attorneys Steven Guenzel, Andrew La Grone and Anne Marie Mackin of John Kuehn of Heartwell. September 20, 2024.

The campaign’s two petitions require 86,499 valid signatures adjust and legalization drug. Evnen last week verified nearly 90,000 signatures on two petitions.

A brief filed on behalf of Evnen denies each of the allegations and says the two complaints involving a paid negotiator and the negotiator’s previous notary “are not part of the usual and customary signature verification process.”

“The Secretary lacks sufficient knowledge to admit or deny the allegation and therefore denies it,” Avnan’s brief states.

“Function signature recount”

Attorney Daniel Gutman is one of three attorneys representing state Sens. Anna Wishart, Crista Eggers and former state Sen. Adam Morfeld in a lawsuit against the three A lawsuit was filed against a ballot measure to legalize and regulate medical marijuana in Nebraska. September 20, 2024.

Krista Eggers’ attorneys, state Sen. Anna Wishart and former state Sen. Adam Morfield, a founder of Nebraska’s medical marijuana movement, said Kuhn’s lawsuit “attacks Nebraska.” The integrity, trustworthiness and accuracy of election officials in the state of California.”

“Plaintiff is asking for what amounts to a recount, meaning he is in the best position to make important election decisions that are currently left to the discretion of our election experts, who have extensive resources and tools to make individualized decisions,” The state favored the brief dismissing the lawsuit.

The brief states that the lawsuit should be dismissed because the petitioners “substantially followed” the petition process. Lawyers said Kuhn’s effort sought to suggest a “strict and narrow” view of the initiative process that could undermine the “preservation of the first authority” in the Nebraska Constitution.

The defendants state that Kuhn extended an “invitation” to the court to assume the role of state and local election officials and conduct a “functional signature recount.” It also argued that the lawsuit jeopardized the state’s “core election process” by questioning the integrity and accuracy of the process.

“They also threaten the initiative process more broadly — a process that the Nebraska Supreme Court just last week reaffirmed is valuable to the people and that the court is keen to preserve to the fullest extent possible in spirit and letter.” Process'” brief description.

Evnen’s brief defended Wishart against accusations that she mistakenly filed a sponsor statement that listed her literal “street address” instead of her city, state or zip code, as required by state law. A brief on behalf of Wishart said other statutes and court cases were in her favor.

Nebraska Secretary of State Bob Evnen announces the finalization and certification of candidates and the questions that will be presented to voters in the November 5, 2024 general election. September 13, 2024.

Evnen wants court to intervene

However, Avnen may also join the lawsuit over the marijuana petition, asking in his filing that the court take up the case and determine the true number of valid signatures.

Part of it comes as Nebraska Attorney General Mike Hilgers continues a statewide investigation into possible “irregularities” in marijuana petitions. The investigation does not surround the four other petitions Evnen put on the November ballot.

At least one Grand Island man has been charged with a felony for allegedly fraudulently collecting at least 200 signatures on two marijuana petitions.

Avnen last week praised election officials, saying they “went all out and did a great job of confirming these signatures,” which topped 600,000 on six petitions.

Evening said in a statement to the Nebraska Examiner that he is not seeking to remove the initiatives from the ballot, but rather that the courts have the final say.

“I have asked the court to review all evidence regarding the fraudulent signature claims and then decide whether the cannabis initiative should remain on the ballot,” Evnen said.

Supporters of medical marijuana packed the courtroom Friday for the first day of court hearings that could determine the fate of two 2024 medical marijuana ballot measures. Front row center is the petition’s originator. From left: Sen. Anna Wishart of Lincoln, Sen. Crista Eggers of Gretna and former state Sen. Adam Morfeld. September 20, 2024.

Campaign slams ‘baseless accusations’

Eggers, the campaign manager for both medical marijuana petitions, said in a statement after the hearing that supporters were not surprised by the lawsuit and its “baseless accusations.”

This is the event’s third attempt, starting in 2019, and while there have been a number of setbacks, it’s the furthest the sponsors have gotten. In 2020, the campaign gathered enough signatures, but the measure was kicked off the ballot before it could be finalized.

This time, two petition measures — Initiative Measures 437 and 438 — will appear on the Nebraska ballot, with the first ballots sent to overseas voters on Friday.

Eggers, who joined the action on behalf of her elementary-school-age son who suffers from severe epilepsy and convulsions, said: “A very small number of people are actively trying to silence people’s voices.”

“We have long fought for Nebraska’s most vulnerable patients, including our children and seniors, who continue to suffer from painful medical conditions after other treatments have failed, and when medical marijuana, a When evidence-based treatments for many diseases become available, patients have a status in every direction,” Eggers said.

Kuhn and his attorney did not release a statement after the hearing.

An updated brief on the motion to dismiss and next steps will be filed with Judge Strong on Tuesday. Kuhn’s lawyers said they were willing to waive expert witnesses and testimony to speed up the proceedings.

Plaintiff amended complaint_kuehn-v-evnen evnen-response_kuehn-v-evnen Defendant moved to dismiss_kuehn-v-evnen

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