A Nebraska judge has dismissed a lawsuit alleging the state’s medical cannabis program is unconstitutional because marijuana remains federally illegal.
Lancaster County District Court Judge Susan Strong tossed the case brought by former state Sen. John Kuehn, who argued that as a taxpayer, he has the right to sue the state over its “illegal expenditure of taxpayer money,” according to Nebraska Public Media.
Strong disagreed, saying that minor costs incurred while putting a law into practice aren’t enough to give taxpayers the right to sue under Nebraska law.
It’s the second time Strong has dismissed a medical marijuana lawsuit brought by Kuehn, who last year alleged the people circulating petitions for two MMJ ballot initiatives committed fraud that should have prevented the measures from being placed on the ballot.
The case was appealed and added to the state Supreme Court’s docket, leading some lawmakers to refuse to take action on medical marijuana during the legislative session, Nebraska Public Media reported.
Meanwhile, at its second meeting, the Nebraska Medical Cannabis Commission approved emergency regulations for MMJ dispensaries, cultivators, manufacturers and transporters, according to the news outlet.
The regulations prohibit raw plant material, products that can be smoked or vaped and cannabis-infused foods or drinks.
Nebraskans for Medical Marijuana leader Crista Eggers said the regulations are essentially a ban on marijuana for some patients.
“This will clearly prohibit access to a necessary form of medicine that patients will need,” Eggers told Nebraska Public Media.
“A cancer patient, for instance, who is suffering from wasting syndrome and cannot keep anything down, they need the ability to vaporize or inhale cannabis to relieve their symptoms.”
