Nebraska Supreme Court case could toss thousands of signatures for medical marijuana

OG article by Darsha Dodge December 4, 2025

The Nebraska Supreme Court is deliberating Kuehn v. Evnen, a pivotal challenge to over 30,000 signatures gathered for dual 2024 ballot measures legalizing medical marijuana, filed by ex-state Sen. John Kuehn alongside Secretary of State Bob Evnen and Attorney General Mike Hilgers. Alleging circulator fraud and faulty notarizations, plaintiffs seek wholesale invalidation, arguing that even hundreds of bogus entries taint entire petitions per precedents like Barkley v. Pool. A district court dismissed the suit earlier, but appellants contend leniency invites abuse, eroding voter trust in initiatives. Defenders from Nebraskans for Medical Marijuana counter that mass disqualification defies state law's initiative protections, the Election Act's verification protocols, and logical proportionality—no jurisdiction applies a "false-one, false-all" doctrine. They affirm officials' due diligence in vetting submissions. The justices may mandate revalidation of certified signatures, with rulings imminent; an adverse outcome could drop petitions below the 5% voter threshold, barring ballot placement and derailing Nebraska's medical reform bid. Backers decry the case as obstructionist, while opponents frame it as electoral safeguard. Resolution will shape future petition processes, highlighting tensions between access and integrity in conservative-leaning states pursuing cannabis access for patients with chronic conditions.