Nebraska MMJ Initiative Faces Legal Challenge Ahead of November Ballot

Nebraska Secretary of State Bob Evnen confirmed on Wednesday that a voter initiative that would legalize the medicinal use of marijuana in the state had received enough signatures to qualify for the November ballot. Activists with Nebraskans for Medical Marijuana submitted petitions supporting the measure in July, saying they were hopeful they had collected the more than 121,000 verified signatures necessary to qualify the measure for the ballot.

Evnen said that he hoped to decide by Thursday if the ballot initiative fulfilled the legal requirements to appear on the ballot. Earlier this week, he determined that three separate initiatives that would have legalized casino gambling in Nebraska would not be placed on the ballot despite receiving enough signatures because their language was misleading and confusing.

But even if the initiative survives his legal analysis, the measure may not appear on the ballot for the general election. Evnen said that if he announced his decision to include the initiative on the ballot Thursday morning, it would quickly face a challenge in court.

“I would expect by the afternoon someone will have filed something,” Evnen said.

That challenge is likely to come from Lincoln-based attorney Mark Fahleson, a former chairman for the

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