Nebraskans for Medical Marijuana on Thursday dropped its lawsuit against Secretary of State Bob Evnen. The lawsuit argued that the state’s requirement that 5% of registered voters in 38 counties sign a petition in order to put the initiative to a vote is unconstitutional.
The dismissal, filed by the Nebraska ACLU on behalf of Nebraska’s medical marijuana community, came after that a 2-1 decision by the US Court of Appeals for the Eight Circuit reinstated the state’s requirement in August.
Christa Egger, The organizer behind the Nebrascans’ Medical Marijuana Petition sued Evnen in federal court in May, alleging the request violated the equal protection clause of the 14-century-old 1,000 Douglas County residents who signed the same petition, reported Omaha World Herald.
US District Court Judge John Gerhard ruled in June in favor of Nebraskans for medical marijuana and issued an injunction preventing Evnen from enforcing it, but that was later overturned by a three-person panel.
With the multicounty requirement, the Medicinal cannabis suggestions each missed about 9,000 signatures needed to appear on ballots for November’s general election.
The first would require legislators to enact laws that protect doctors who recommend medical treatment with cannabis and patients who use it. The other would force lawmakers to set rules for the medicinal cannabis program.
The three judges of the 8th federal court referred to the fact that the right of petition was created by state law and not the US Constitution, meaning that the rights of the group were not violated.
State Senators Anna Wishart of Lincoln and Jen Day of Omaha announced plans to introduce bills legalizing medical marijuana in the next legislative session, which will begin in January.
Photo: Benzinga edit; Sources: Suco,…
