Attorneys defending Nebraska’s medical marijuana law have labeled a lawsuit from former GOP Senator John Kuehn as “meritless.” They stress that the lawsuit creates a “false conflict” and is an attempt to invalidate a law that was approved by a significant majority of Nebraska voters. The lawsuit aims to challenge the legality of the voter-approved medical cannabis initiative from 2024.
In the case, Kuehn argues that the state’s medical cannabis laws are unconstitutional and violate the federal Controlled Substances Act. He initially filed the lawsuit in December 2024, and later expanded it to include more state officials. The core of Kuehn’s argument is that Nebraska’s medical cannabis laws should be deemed unlawful because they conflict with federal regulations.
Typically, lawsuits require the plaintiff to demonstrate direct harm, known as “standing.” However, Kuehn has acknowledged he cannot prove standing directly. Instead, he claims standing on behalf of the “taxpayer” and for the “great public interest,” which are narrow justifications that can sometimes allow cases to proceed. The first justification relates to public spending, while the second argues that the issue is of significant importance to Nebraskans.
The attorneys representing state officials, including the Nebraska Medical Cannabis Commission commissioners and the ballot sponsors, argue that neither justification applies in this case. “There is no ‘great public interest’ in invalidating a law approved by a massive supermajority of Nebraska voters,” they stated in their brief.
Kuehn’s legal team has not yet commented on these developments. They have until late April to respond to the motion to dismiss, as ordered by Lancaster County District Judge Susan Strong. Judge Strong, who has previously ruled against Kuehn in another marijuana-related case, has set a hearing for May 20 to address the motions.
The sponsors of the medical cannabis ballot measure criticized Kuehn’s lawsuit, claiming it seeks to undermine state rights in favor of an expansive federal government. They noted that the measure to legalize up to 5 ounces of medical cannabis with a doctor’s recommendation received overwhelming support, passing with 71 percent of the vote and securing majority backing in all 49 legislative districts.
The second measure, which established regulations for medical cannabis, also saw significant approval, with 67 percent of voters in favor. Campaign attorneys highlighted that, despite marijuana being classified as a Schedule I drug by the federal government, previous administrations have not pursued preemption against state laws that legalize cannabis. The U.S. Department of Justice has largely refrained from prosecuting violations of federal cannabis laws in states that have legalized it.
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