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Nebraska Medical Marijuana Initiative Heads To Ballot After Secretary Of State Rejects Challenge

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Nebraska’s secretary of state on Thursday rejected a legal challenge against an initiative to legalize medical marijuana, clearing a path to the November ballot.

On Wednesday, officials informed the campaign Nebraskans for Medical Marijuana that their measure had enough valid signatures to qualify. But on the same day, a law firm filed a motion asking that the secretary of state prevent the initiative from appearing on the ballot because, they claimed, it violated the state’s single-subject rule precluding ballot measures that cover more than one issue.

The firm, which did not disclose its clients, also argued that the proposal “cases confusion” and “creates doubt about what will be authorized after the election.”

But Secretary of State Robert Evnen—despite having recently kicked three gambling-related initiatives off the ballot because of a single-subject challenge—did not accept the legal argument and is letting the cannabis measure proceed to be decided on by voters.

“Whether the Amendment complies with the single subject rule is a close question,” Evnen wrote in his determination.

“The production and sale of medical cannabis has a natural and necessary connection to legalization of medical cannabis for individual use, which is the primary purpose of the Amendment,” he said, explaining why he ultimately rejected the assertion that the measure covered unrelated issues. “As with other legal medications, third parties are given the right to manufacture, sell and distribute the medications. It is inherent in the legalization of medical cannabis that someone or some category of persons must be granted the right or authority to produce, sell and distribute the medical cannabis.”

The secretary of state concluded by saying that “the constitutional right to bring forward initiative petitions for a vote of the people is fundamental to our state governance and is to be zealously protected.”

“Based upon my review, and for the reasons set forth above, I conclude that the Amendment is legally sufficient and I shall not withhold it from the ballot unless otherwise ordered by a court of competent jurisdiction,” he said.

The medical cannabis campaign celebrated the decision.

“We’ve been working towards this moment for a long time, and today we are closer than ever to making medical marijuana safely and legally accessible to patients in Nebraska,” it wrote in an email blast to supporters. “Of course, this is far from over. In fact, the real battle is just beginning. But this is the fight we’ve wanted to have for years, because we know the people of Nebraska are on our side.”

It’s not clear if the law firm representing unnamed residents taking issue with the ballot measure will appeal Evnen’s decision in court.

The official seemed to bristle at the timing of the late challenge in his seven-page reply.

“This is the eleventh hour. The objection to the Amendment was received by this office on Wednesday, August 26, 2020, only 16 calendar days before the date on which I am required to certify the ballot in its entirety,” he said. “An issue of the magnitude of this matter will surely result in court review no matter what I decide here.”

Nebraskans for Medical Marijuana submitted nearly 200,000 signatures last month, well beyond the 121,669 required to qualify for the ballot.

Under the proposal, physicians could recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then be allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.

Sens. Anna Wishart Adam Morfeld, cochairs of the legalization campaign, and other legislators have tried for years to pass medical cannabis bills in the legislature only to be blocked by opposition from leadership. But with help from the Marijuana Policy Project (MPP) and other advocacy groups, they decided to put the issue directly to voters.

“We’re very pleased to see Secretary Evnen do the right thing,” Jared Moffat, campaigns coordinator for MPP, told Marijuana Moment. “Nebraskans were loud and clear that they want this on the ballot. We’re 68 days away from Election Day, and now the real battle begins.”

While the campaign suspended signature gathering amid the COVID-19 outbreak, it relaunched its efforts in May with new social distancing safety protocols in place.

Nebraska’s attorney general said in an opinion last year that efforts to legalize medical marijuana legislatively in the state would be preempted by federal law and “would be, therefore, unconstitutional.”

Here’s a status update on other 2020 drug policy reform campaigns across the country: 

A measure to legalize marijuana in Arizona officially qualified for the November ballot earlier this month.

Montana’s secretary of state also announced this month that cannabis activists collected more than enough signatures to qualify two legalization measures.

The Washington, D.C. Board of Elections certified this month that activists submitted enough valid signatures to place a measure to decriminalize plant- and fungi-based psychedelics in the nation’s capital.

Oregon’s secretary of state confirmed last month that separate measures to legalize psilocybin therapy and decriminalize possession of all drugs while expanding treatment services will appear on the November ballot.

Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a U.S. Supreme Court ruling against the other group last week, hopes are dashed.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.

Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.

Read the letter on the medical marijuana ballot measure from Nebraska’s secretary of state below:

Medical Cannabis Initiative… by Marijuana Moment

Marijuana Should Be ‘Left Up To The States,’ Republican National Committee Head Says

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Former GOP House Speaker John Boehner Says He’s Open To Using Marijuana

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Former Republican House Speaker John Boehner, who joined the marijuana industry in a consulting capacity after leaving office, says he’s not yet a cannabis consumer himself—but he’s open to changing that.

In a new behind-the-scenes book that he released on Tuesday and in an interview with CBS, Boehner briefly discussed his own recreational drug preferences. He told the news station that “I drink red wine” but “if somebody wants to smoke a joint or eat a gummy, that’s really none of my business.”

The former congressional leader isn’t a marijuana consumer, however, despite joining the board of the major cannabis company Acreage Holdings in 2018. That move drew sharp criticism from reform advocates who quickly pointed out that Boehner declined to push for any sort of policy change while in power but is now profiting off the industry.

CBS News reporter John Dickerson asked Boehner if he did any “first-hand research” to inform his shift in thinking about the medical potential of cannabis.

“No, I’m not a cannabis user,” he said.

“But you’re not ruling it out for yourself?” Dickerson asked.

“Hey, tomorrow is tomorrow,” Boehner joked. “Who knows?”

Watch Boehner discuss marijuana policy, around 7:50 into the video below: 

The former speaker more seriously expressed openness to smoking cannabis in the new book, “On The House: A Washington Memoir.”

In a chapter entitled “Smoke-Filled Rooms,” Boehner first discusses his well-known cigarette habit and then writes about how he ended up finding himself “in a very different sector of the smoking community when I joined the board of Acreage Holdings, a cannabis company.”

“But now, some people don’t believe me when I tell them I’ve never smoked a joint,” he said. “But I haven’t. I’m not ruling it out though.”

The former speaker’s entrance into the marijuana industry hasn’t been without controversy. Advocates have complained about his inaction on the issue while in office and opponents of legalization have accused him of being an opportunist who represents a profit-minded side of the market.

In 2019, social equity-focused cannabis advocates protested a keynote speech Boehner delivered at the festival South by Southwest.

The Equity First Alliance, a group that promotes racial and social justice in the cannabis industry, said that Boehner’s appearances at the event was a reflection of an ongoing trend where mostly white men are profiting off a market while people of color continue to disproportionately face criminalization for marijuana offenses.

On the flip side, Fox News personality Tucker Carlson said last year that “John Boehner is like a marijuana lobbyist now” and he takes “a paycheck getting your kids to smoke more weed.” The controversial host called the former speaker “disgusting” for his work in the cannabis space.

Illinois Gets More Tax Revenue From Marijuana Than Alcohol, State Says

Photo courtesy of Gage Skidmore.

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Sixth Minnesota House Committee Approves Marijuana Legalization Bill On Its Path To The Floor

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A bill to legalize marijuana in Minnesota is going through a thorough vetting process, with a sixth House committee on Wednesday giving the reform proposal a green light following a hearing.

House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.

Days after a separate panel approved the legislation with amendments, the House Judiciary Finance and Civil Law Committee passed it in a 9-7 vote.

“The purpose of House File 600 is to eliminate the harm that cannabis has in our society,” Winkler said of the bill at the hearing. “The primary harm that cannabis poses in Minnesota is the prohibition and criminal enforcement of cannabis.”

“The goal of House File 600 is to shift in a legal marketplace that is policed and over-policed disproportionately and instead to create a policy of repair, an opportunity for those most adversely affected by the war on drugs,” he said.

The House Environment and Natural Resources Finance and Policy Committee was the last body to approve the bill, on Monday, and members there adopted a number of changes to the proposal. For example, it now stipulates that members of a cannabis advisory council established under the bill could not serve as lobbyists while on the panel and for two years after they end their service.

Before that hearing, the House Agriculture Finance and Policy Committee, the Workforce and Business Development Finance and Policy Committee, the Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and the Commerce Finance and Policy Committee each advanced the measure.

Its next stop is the State Government Finance and Elections Committee.

Winkler recently said that he expects the legislation to go through any remaining panels by the end of April, with a floor vote anticipated in May.


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Still, even if the legislation does make it all the way through the House, it’s expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.

After the New York legislature approved a recreational cannabis legalization bill—which the governor promptly signed into law—Winkler said that Minnesota is “falling behind a national movement towards progress.”

“MN has some of the worst criminal justice disparities in the country, and legalizing cannabis & expunging convictions is a first step towards fixing that,” he tweeted.

The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.

Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.

The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.

People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.

Cannabis retails sales would launch on December 31, 2022.

Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen.

The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Alabama Medical Marijuana Bill Moves Closer To Floor Vote With House Committee Action

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Alabama Medical Marijuana Bill Moves Closer To Floor Vote With House Committee Action

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An Alabama House committee on Wednesday amended a medical marijuana legalization bill that already passed the Senate. Members also took public testimony in advance of an expected Thursday vote to send the revised legislation to the House floor.

This hearing of the House Health Committee comes one week after a separate panel in the body amended and cleared the bill.

Sponsored by Sen. Tim Melson (R), the legislation would allow people with qualifying conditions to access cannabis for therapeutic purposes. The full Senate approved the bill last month.

“I just want to take [cannabis] to the patients that need it. I want to see people get relief,” the senator said at the meeting. He also made the case that allowing legal access can mitigate opioid overdose deaths.

Melson is the same lawmaker who sponsored similar legislation that was approved by the full Senate last year but which later died without any House votes amid the coronavirus pandemic.

This latest proposal would establish an Alabama Medical Cannabis Commission to implement regulations and oversee licensing.

To qualify for the program, patients would have to be diagnosed with one of about 20 conditions, including anxiety, sleep disorders, post-traumatic stress disorder and intractable pain. Regulators would not be able to independently add additional conditions, leaving that decision up to lawmakers.

The House Judiciary Committee approved 10 amendments to the legislation during last week’s hearing. For example, members agreed to scrap provisions providing reciprocity for out-of-state patients and reducing the percentage of marijuana tax revenue that would go to cannabis research from 30 to 15 percent.

Those amendments were integrated into a new substitute version of the bill adopted by the Health panel, with additional revisions such as removing anxiety and adding depression and Parkinson’s disease as qualifying conditions for medical cannabis. The committee voted to accept the substitute version for consideration before going into testimony.

Time was evenly divided between supporters and opponents. By and large, the conversation revolved around personal anecdotes about the medical benefits and risks of marijuana.

More amendments were added following the testimony. One change would add an annual registration fee for physicians who recommend cannabis. Another would give the state attorney general’s office access to a patient registry database.


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Members further approved an amendment to remove fibromyalgia and menopause from the list of qualifying conditions and another to expand the number of institutions that are eligible for grants to research marijuana. A revision to develop a uniform flavor for all cannabis products was also accepted.

Additionally, an amendment was approved to require dispensaries to have 24-hour security cameras operating in their facilities. These changes are all being added to a new substitute that the panel will take up and vote on Thursday.

Because the proposal has been amended, it would go back to the Senate for final consideration if it’s passed in the House before being sent to the governor’s desk.

Advocates say they’re encouraged that medical cannabis reform is advancing in Alabama, but they’ve raised concerns about a number of aspects of the bill.

One problematic provision, advocates say, is that patients with chronic or intractable pain could only be recommended medical marijuana in cases where “conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.”

The bill also prohibits raw cannabis, smoking, vaping and candy or baked good products. Patients would instead be allowed to purchase capsules, lozenges, oils, suppositories and topical patches.

Patients would be allowed to purchase and possess up to “70 daily dosages of medical cannabis.” Under an amendment approved on the Senate floor, the maximum daily dose was reduced from 75 to 50 milligrams. However, the amendment’s sponsor said it could be increased to 75 milligrams in some circumstances.

The revision also calls for a label on marijuana products to indicate that cannabis can cause drowsiness.

It also calls for a nine percent gross proceeds tax on medical marijuana sales.

Patients, caregivers and and medical cannabis businesses would receive legal protections under the proposal, preventing them from being penalized for activities authorized by the state.

For physicians to be able to recommend cannabis to patients, they would have to complete a four-hour continuing education course and pass an exam. The course would cost upwards of $500 and doctors would also be required to take refresher classes every two years.

Under the bill, regulators would be tasked with developing restrictions on advertising and setting quality control standards. Seed-to-sale tracking and laboratory testing would be mandated.

Other changes approved in the Senate would add language to stipulate that gelatinous cannabis products cannot be sugar coated and insert provisions promoting good manufacturing practices and tamper-evident packaging.

Applications for cannabis business licenses would have to be accepted starting September 1, 2022 and then proceeded within 60 days.

The commission would be required to approve at least four cultivators, up to four processors, up to four dispensaries for the first year of implementation (more could be approved after that point depending on demand) and as many as five vertically integrated operators.

This bill’s reintroduction has been greatly anticipated by advocates. The Senate approved a separate medical cannabis bill in 2019, but the House later severely compromised it. The legislation as enacted would not have legalized patient access; rather, it set up a study commission to explore the issue and make recommendations.

The commission came back with its report in December 2019, with members recommending that medical marijuana be legalized.

There could be additional pressure on the legislature to enact legalization given that voters in neighboring Mississippi approved a medical cannabis reform initiative during the November election.

Separately, the Alabama Senate Judiciary Committee approved a bill last month to decriminalize possession of up to two ounces of cannabis, making it punishable by a $250 fine without the threat of jail time.

Majority Of Connecticut Residents Back Marijuana Legalization And Expungements, Poll Finds As Reform Bills Advance

Photo courtesy of Philip Steffan.

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