The Nebraska Supreme Court heard arguments Monday in a legal case that could impact the future of the state’s medical cannabis program. The appeal was filed by former State Senator John Kuehn of Heartwell, who argues that Nebraska’s voter-approved medical cannabis laws conflict with federal law, which still classifies marijuana as a controlled substance.
A Lancaster County judge previously dismissed the lawsuit, ruling that Kuehn did not have the legal standing required to bring the case because he could not demonstrate direct harm. Kuehn’s attorneys are now asking the state’s highest court to allow the case to move forward, arguing that taxpayers should be able to challenge what they believe is an unlawful use of public funds or a matter of significant public concern.
Attorneys representing state officials and members of the Nebraska Medical Cannabis Commission countered that expanding taxpayer standing in this way could open the door to widespread legal challenges anytime government employees carry out their duties. They argue that taxpayer lawsuits should only apply when there is a direct and specific expenditure of public funds.
The case comes as Nebraska officials continue working to implement regulations for a medical cannabis program approved by voters in 2024. State leaders say the regulatory process will continue while legal questions are resolved.
The Nebraska Supreme Court has not yet indicated when it will issue a decision.
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