A lawsuit challenging Nebraska’s medical cannabis laws now targets state agencies and officials overseeing its implementation
Lincoln: A legal battle is heating up over Nebraska’s medical cannabis laws. The lawsuit, led by John Kuehn, is now going after more state officials and agencies.
Kuehn, a former state senator and a known opponent of marijuana, initially targeted the governor and secretary of state. But now, he’s added the Nebraska Liquor Control Commission and other state officials to the mix.
The lawsuit claims that the laws allowing medical cannabis are unconstitutional. Kuehn argues that they violate federal law since marijuana is still classified as a Schedule I drug.
Voters approved two measures in November 2024, allowing medical cannabis with a doctor’s recommendation and creating a regulatory commission. But Kuehn believes these measures are unlawful.
He’s not backing down. His first lawsuit is still in the appeals process, and he’s pushing for this new one to be taken seriously. The laws took effect on December 12, and Kuehn is concerned about how state agencies will implement them.
He argues that state officials would have to break federal laws to collect taxes on cannabis sales. This could lead to serious legal issues for them.
The Nebraska Medical Cannabis Commission is tasked with setting up regulations for cannabis sales. They need to get things rolling quickly, with deadlines for accepting applications coming up soon.
Meanwhile, advocates for medical cannabis are frustrated. Many doctors are hesitant to recommend it, even though it could help with various medical conditions.
As the legal wrangling continues, there’s talk of possible changes to the laws. But advocates are clear: they won’t support any moves that undermine patients’ access to care.
With Nebraska now among the states allowing some form of medical cannabis, the outcome of this lawsuit could have significant implications for patients and the state’s approach to cannabis in the future.
