LINCOLN — A Lancaster County District Court judge rejected a request on Wednesday to block Governor Jim Pillen from issuing a proclamation that would certify two medical marijuana initiatives as successful.
Judge Susan Strong denied a motion for a temporary restraining order filed by Edward Greim, an attorney representing former State Senator John Kuehn, who is suing to prevent the initiatives from taking effect. Nebraska voters approved Initiative 437, legalizing medical marijuana, with over 70% support in the November 5th general election. Initiative 438, which establishes regulations for medical marijuana, passed with 67% approval. Both measures, circulated by Nebraskans for Medical Marijuana, were certified by the State Board of Canvassers earlier this month. Governor Pillen is required to formally declare the measures successful by Thursday.
A spokeswoman for Pillen’s office confirmed Wednesday afternoon that the governor would fulfill his constitutional duty to sign the proclamations by the deadline.
During the hearing, Strong stated there was no immediate or irreparable harm warranting a restraining order, nor did the public interest support issuing an injunction. Strong emphasized that her decision did not address the merits of Kuehn’s lawsuit, which remains ongoing.
Kuehn, a vocal opponent of marijuana legalization, argued that legalizing medical marijuana would conflict with federal law, which classifies marijuana as a Schedule I drug under the Controlled Substances Act. He also contended that Initiative 438 violated the state constitution’s separation of powers by establishing a regulatory commission outside the Legislature’s authority.
Greim, citing the supremacy clause of the U.S. Constitution, argued that initiatives cannot exceed the legislative power due to federal preemption. He also claimed that allowing Pillen to sign the proclamations would result in public funds being spent on an unconstitutional purpose.
The Nebraska Attorney General’s Office, representing the governor, countered that stopping Pillen from performing his constitutional duty would set a dangerous precedent and could lead to widespread constitutional litigation. The broader legal challenge to the initiatives will continue in court.
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