Medical Marijuana Vote Challenged in Court: Nebraska Supreme Court Hears Appeal

4 December 2025

Nebraska’s medical marijuana legalization efforts, which finally broke through in 2024 after two failed attempts, are now facing a new hurdle. The Nebraska Supreme Court heard arguments Wednesday on whether alleged petition fraud undermines the validity of two voter-approved medical cannabis measures.

Former State Senator John Kuehn, a long-standing opponent of medical marijuana, has sued Secretary of State Bob Evnen and the petition sponsors, claiming the 2024 petitions involved widespread fraud related to circulators and notaries. Evnen and Attorney General Mike Hilgers have largely aligned with Kuehn’s position, arguing that enough signatures may be invalid to require a second phase of trial.

Supporters of the initiatives say the claims stretch traditional legal concepts beyond recognition. The ballot sponsors collected far more signatures than required, and both county election officials and the Secretary of State certified their validity well before the 2024 general election. The campaign notes that only one circulator was found guilty of forging signatures and that those signatures were removed.

Supporters of the initiatives say the claims stretch traditional legal concepts beyond recognition. The ballot sponsors collected far more signatures than required, and both county election officials and the Secretary of State certified their validity well before the 2024 general election. The campaign notes that only one circulator was found guilty of forging signatures and that those signatures were removed.

The justices appeared cautious about adopting a novel standard. Several pressed challengers on how the court could impose sweeping invalidations more than a year after the election. Justice Stephanie Stacy asked what weight the court should give to the fact that signatures were already verified and that Nebraskans have now voted.

Still, the challengers argue that if notaries or circulators acted improperly, their wrongdoing should extend to all signatures they handled. They rely heavily on a 1919 case involving forged signatures on a women’s suffrage petition, though the ballot sponsors argue that the circumstances and legal framework are far different today.

At the heart of the dispute is whether alleged misconduct by a few actors justifies nearly invalidating an entire statewide petition effort. If the court orders a second trial, the sponsors would need to demonstrate they still meet the requirement of 86,499 valid signatures per petition. Justices questioned how such a process could be completed quickly, given that tens of thousands of signatures might become subject to dispute.

The initiatives themselves passed with broad support. The legalization measure received 71 percent of the statewide vote, while the regulatory framework received 67 percent. Many supporters argue that continued litigation risks weakening both public confidence in elections and the initiative process.

Nebraskans for Medical Marijuana, the group behind the petitions, said Wednesday that “they cannot undo the will of the voters,” framing each lawsuit and delay as evidence that opponents are losing politically and turning to the courts.

The Supreme Court will issue its decision in the coming months. Until then, Nebraska’s medical cannabis program remains in a state of uncertainty, and patients, providers, and policymakers will continue watching closely to see whether the state's first successful medical marijuana effort holds.