NORML
Lincoln, NE: In a 7-0 opinion, members of the Nebraska Supreme Court set aside litigation that sought to invalidate the state’s voter-approved medical cannabis access law.
The Court’s decision upholds a 2024 lower court decision, which found no basis for claims that advocates had fraudulently obtained voters’ signatures to place the measure on the ballot. However, a separate legal challenge is still pending.
Some 70 percent of voters ultimately approved the medical access measure.
“This was never about protecting Nebraska law,” said Crista Eggers, the Executive Director of Nebraskans for Medical Marijuana. “It was about whether a handful of elected officials could use the court to override the will of the people. Today, our state’s highest court stated the obvious: they cannot.”
Nebraska Attorney General Mike Hilgers, who has consistently expressed his disapproval of the law, said in a statement. “We disagree with the court’s ruling but will follow the law as it stands.”
Though approved overwhelmingly by voters in 2024, regulators in 2025 enacted a series of new rules significantly amending the law – including prohibiting patients’ access to inhaled forms of cannabis, restricting patients from obtaining more than 5 grams of THC per single retail transaction in 90 days, and limiting the total number of available dispensaries statewide.
The case is Kuehn v. Evnen. Additional information is available from Nebraskans for Medical Marijuana.
