Nebraska Initiative 438, Medical Marijuana Regulation Initiative (2024)
| Nebraska Medical Marijuana Regulation Initiative | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Marijuana | |
| Status | |
| Type State statute | Origin Citizens |
The Nebraska Medical Marijuana Regulation Initiative was on the ballot in Nebraska as an initiated state statute on November 5, 2024. The ballot measure was approved.
A "yes" vote supported repealing penalties for the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes and establishing the Nebraska Medical Cannabis Commission to regulate the medical marijuana industry in the state. |
A "no" vote opposed repealing penalties for the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes and establishing the Nebraska Medical Cannabis Commission to regulate the medical marijuana industry in the state. |
Election results
See also: Results for marijuana and psychedelics ballot measures, 2024
|
Nebraska Initiative 438 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
600,481 | 67.29% | ||
| No | 291,867 | 32.71% | ||
Overview
What did Initiative 438 do?
- See also: Text of measure
The initiative enacted the Nebraska Medical Cannabis Regulation Act. The act legalized the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes. It established the Nebraska Medical Cannabis Commission to regulate and provide the necessary registration for the medical marijuana program. The commission consisted of at least three members but no more than five. The three Nebraska Liquor Control Commission members served as ex officio members of the new commission. The governor appointed two additional members, subject to approval by the state legislature, to serve six-year terms on the commission. The commission was charged with establishing criteria and processes for registration no later than July 1, 2025. Set to begin on October 1, 2025, the commission was required to start granting registration to applicants who met the established criteria. It had the authority to subpoena witnesses and records, inspect the operations of registered marijuana establishments, and impose fines for violations of rules and regulations.[1][2]
Who supported and opposed Initiative 437?
- See also: Support and Opposition
Nebraskans for Medical Marijuana led the campaign in support of Initiatives 437 and 438. The committee reported over $1.5 million in contributions. The initiative was endorsed by State Sen. Anna Wishart (D), Nebraska Families 4 Medical Cannabis, and New Venture Fund. Nebraskans for Medical Marijuana campaign said, "The facts are clear: The sky does not fall when patients have safe, legal access to medical cannabis. Thirty-six states have implemented these kinds of programs, and no state has ever repealed their medical cannabis law. Opponents of medical cannabis do not have the facts on their side, so they resort to scare tactics."[3][4]
Ballotpedia did not locate a campaign in opposition to the ballot measure.
How many states legalized medical marijuana?
- See also: Medical marijuana by state
As of July 2024, medical marijuana was legal in 38 states and the District of Columbia. Twelve states did not provide for a medical marijuana program.[5]
- Of the 38 states, 18 states established medical marijuana through the ballot initiative process.
- In 20 states, medical marijuana programs were established through legislation.
Between 1998 and 2022, medical marijuana appeared on statewide ballots in 15 states. All of the measures were approved.
Text of measure
Ballot title
The ballot title for Initiative 438 was as follows:[1]
| “ | Shall a statute be enacted that makes penalties inapplicable under state law for the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes by registered private entities, and that establishes a Nebraska Medical Cannabis Commission to regulate such activities?
[ ] For [ ] Against[6] |
” |
Ballot summary
The ballot summary for Initiative 438 was as follows:[1]
| “ | A vote 'FOR' will enact a statute that makes penalties inapplicable under state law for the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes by registered private entities, and that establishes a Nebraska Medical Cannabis Commission to regulate such activities.
|
” |
Object statement
The object statement on the circulating petition was:[1]
| “ | The object of this petition is to enact a statute that makes penalties inapplicable under state law for the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes by registered private entities, and establishing a Nebraska Medical Cannabis Commission to regulate such entities.[6] | ” |
Full text
The full text of the ballot measure is below:[1]
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 16, and the FRE is 5. The word count for the ballot title is 43.
The FKGL for the ballot summary is grade level 19, and the FRE is 10. The word count for the ballot summary is 54.
Support
Nebraskans for Medical Marijuana led the campaign in support of Initiative 437.[7]
Supporters
Officials
- State Sen. Anna Wishart (D)
Former Officials
- Former State Sen. Adam Morfeld (D)
Organizations
Arguments
Opposition
Ballotpedia did not locate a campaign in opposition to the ballot measure.
Opponents
Former Officials
- Former State Sen. John Kuehn
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org
Campaign finance
One committee—Nebraskans for Medical Marijuana (NMM)—registered in support of Initiatives 438 and 437. The committee reported over $1.6 million in contributions.[8]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $1,196,213.73 | $428,649.48 | $1,624,863.21 | $1,195,499.99 | $1,624,149.47 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $1,196,213.73 | $428,649.48 | $1,624,863.21 | $1,195,499.99 | $1,624,149.47 |
Support
The following table includes contribution and expenditure totals for the committee in support of the measure.[8]
| Committees in support of Initiative 438 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Nebraskans for Medical Marijuana (NMM) | $1,196,213.73 | $428,649.48 | $1,624,863.21 | $1,195,499.99 | $1,624,149.47 |
| Total | $1,196,213.73 | $428,649.48 | $1,624,863.21 | $1,195,499.99 | $1,624,149.47 |
Donors
The following were the top donors who contributed to the support committee.[8]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Nebraska Families 4 Medical Cannabis | $435,000.00 | $303,256.53 | $738,256.53 |
| Growing the Good Life | $222,300.00 | $300.00 | $222,600.00 |
| Western Futures Fund | $200,000.00 | $0.00 | $200,000.00 |
| Second House Collaborative | $0.00 | $101,875.18 | $101,875.18 |
| New Venture Fund | $100,000.00 | $0.00 | $100,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Status of marijuana in Nebraska
As of 2024, the sale, cultivation, processing, distribution, transporting, purchase, and use of medical and recreational marijuana was illegal in Nebraska. Nebraska has decriminalized the possession of 1 ounce or less of marijuana making it an infraction with a $300 fine instead of a misdemeanor. Subsequent offenses are misdemeanors and have increased penalties.[9]
Medical marijuana by state
As of July 2024, medical marijuana was legal in 38 states and the District of Columbia. Twelve states (shaded grey in the map below) did not provide for a medical marijuana program.[5]
- Of the 38 states, 18 states established medical marijuana through the ballot initiative process.
- In 20 states, medical marijuana programs were established through legislation.
Marijuana on the ballot in 2024
In 2024, Florida, South Dakota, and North Dakota decided on ballot initiatives to legalize recreational marijuana. In Arkansas, an initiative to expand the state's medical marijuana program did not make the ballot.
| State | Year | Ballot Measure | Type | Status | Yes Votes | No Votes |
|---|---|---|---|---|---|---|
| Florida | 2024 | Florida Amendment 3 | Initiated constitutional amendment | Defeated | 5,950,589 (56%) | 4,693,524 (44%) |
| South Dakota | 2024 | South Dakota Initiated Measure 29 | Initiated state statute | Defeated | 189,916 (44%) | 237,228 (56%) |
| Arkansas | 2024 | Arkansas Issue 3 | Initiated constitutional amendment | Not on the ballot | ||
| North Dakota | 2024 | North Dakota Initiated Measure 5 | Initiated state statute | Defeated | 172,174 (47%) | 190,548 (53%) |
Marijuana laws enacted by statewide ballot measures
The following table provides information on states that have legalized recreational marijuana or medical marijuana through state ballot measures.
| State | Year | Measure | Yes | No | Origin | Type |
|---|---|---|---|---|---|---|
| Alaska | 1998 | Measure 8 | 58.67% | 41.33% | Initiative | Medical |
| Nevada | 1998 | Question 9 | 58.65% | 41.35% | Initiative | Medical |
| Oregon | 1998 | Measure 67 | 54.60% | 45.40% | Initiative | Medical |
| Washington | 1998 | Initiative 692 | 58.97% | 41.03% | Initiative | Medical |
| Maine | 1999 | Question 2 | 61.41% | 38.59% | Initiative | Medical |
| Colorado | 2000 | Initiative 20 | 53.78% | 46.22% | Initiative | Medical |
| Nevada | 2000 | Question 9 | 65.38% | 34.62% | Initiative | Medical |
| Montana | 2004 | I-148 | 61.81% | 38.19% | Initiative | Medical |
| Michigan | 2008 | Proposal 1 | 62.66% | 37.34% | Initiative | Medical |
| Maine | 2009 | Question 5 | 58.87% | 41.13% | Initiative | Medical |
| Arkansas | 2016 | Issue 6 | 53.11% | 46.89% | Initiative | Medical |
| Montana | 2016 | I-182 | 57.87% | 42.13% | Initiative | Medical |
| North Dakota | 2016 | Measure 5 | 63.79% | 36.21% | Initiative | Medical |
| Missouri | 2018 | Amendment 2 | 65.59% | 34.41% | Initiative | Medical |
| Oklahoma | 2018 | State Question 788 | 56.86% | 43.14% | Initiative | Medical |
| Utah | 2018 | Proposition 2 | 52.75% | 47.25% | Initiative | Medical |
| Mississippi | 2020 | Ballot Measure 1 | 68.52% | 31.48% | Initiative | Medical |
| South Dakota | 2020 | Initiated Measure 26 | 69.92% | 30.08% | Initiative | Medical |
| Colorado | 2012 | Initiative 64 | 55.32% | 45.68% | Initiative | Recreational |
| Washington | 2012 | Initiative 502 | 55.70% | 44.30% | Initiative | Recreational |
| Washington, D.C. | 2014 | Initiative 71 | 70.06% | 29.94% | Initiative | Recreational |
| Alaska | 2014 | Ballot Measure 2 | 53.23% | 46.77% | Initiative | Recreational |
| California | 2016 | Proposition 64 | 57.13% | 42.87% | Initiative | Recreational |
| Massachusetts | 2016 | Question 4 | 53.66% | 46.34% | Initiative | Recreational |
| Maine | 2016 | Question 1 | 50.26% | 49.74% | Initiative | Recreational |
| Nevada | 2016 | Question 2 | 54.47% | 45.53% | Initiative | Recreational |
| Michigan | 2018 | Proposal 1 | 55.89% | 44.11% | Initiative | Recreational |
| Arizona | 2020 | Proposition 207 | 60.03% | 39.97% | Initiative | Recreational |
| Montana | 2020 | CI-118 | 57.84% | 42.16% | Initiative | Recreational |
| Montana | 2020 | I-190 | 56.90% | 43.10% | Initiative | Recreational |
| New Jersey | 2020 | Public Question 1 | 67.08% | 32.92% | Referral | Recreational |
| Maryland | 2022 | Question 4 | 67.20% | 32.80% | Referral | Recreational |
| Missouri | 2022 | Amendment 3 | 53.10% | 46.90% | Initiative | Recreational |
| Ohio | 2023 | Issue 2 | 57.19% | 42.81% | Initiative | Recreational |
Path to the ballot
The state process
In Nebraska, the number of signatures required to qualify an initiated state statute for the ballot is equal to 7 percent of registered voters as of the deadline for filing signatures. Because of the unique signature requirement based on registered voters, Nebraska is also the only state where petition sponsors cannot know the exact number of signatures required until they are submitted. Nebraska law also features a distribution requirement mandating that petitions contain signatures from 5 percent of the registered voters in each of two-fifths (38) of Nebraska's 93 counties.
Signatures must be submitted at least four months prior to the next general election. Signatures do not roll over; they become invalid after the next general election at least four months after the initial initiative application filing. Depending on when the initiative application is filed, petitioners can have up to just under two years to circulate petitions.
The requirements to get an initiated state statute certified for the 2024 ballot:
- Signatures: 86,426
- Deadline: The deadline to submit signatures was July 3, 2024.
Signatures are submitted to the secretary of state. The secretary of state sends the appropriate signature petitions to each county, where county election officials verify the signatures. Upon receiving the signatures back from county officials, the secretary of state determines whether or not the requirements were met.
Details about this initiative
- The initiative was filed on June 9, 2023, by Sen. Anna Wishart (D), Crista Eggers, and former Sen. Adam Morfield (D).[2]
- The campaign submitted 114,596 signatures to the secretary of state on July 3, 2024.[10]
- The Nebraska Secretary of State reported that petition contained 89,856 valid signatures and met the distribution requirement in 52 counties.[11]
Sponsors of the measure hired Fieldworks LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $1,016,728.33 was spent to collect the 86,426 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $11.76.
Lawsuit
| Lawsuit overview | |
| Issue: Whether the petition contains a sufficient number of valid signatures to appear on the ballot | |
| Court: Nebraska Third District Court | |
| Ruling: The petitions contained the required number of valid signatures. | |
| Plaintiff(s): Former Sen. John Kuehn (R) | Defendant(s): Secretary of State Bob Evnen (R) and campaign sponsors, Crista Eggers, State Sen. Anna Wishart (D), and former State Sen. Adam Morfeld (D) |
| Plaintiff argument: The petition contains thousands of fraudulent signatures and therefore should be removed from the ballot. | Defendant argument: The petition contains a sufficient number of valid signatures to appear on the ballot. |
Source: 1011 Now
Former State Sen. John Kuehn (R) filed a lawsuit against Secretary of State Bob Evnen (R) and campaign sponsors, Crista Eggers, State Sen. Anna Wishart (D), and former State Sen. Adam Morfeld (D) arguing that the signature gathering practices of certain circulators resulted in the collection of thousands of fraudulent signatures and therefore the secretary of state wrongly certified the initiative for the ballot. The campaign sponsors argue that the secretary of state has not identified any signatures that were "erroneously counted" during the verification process.[12]
On September 27, District Court Judge Susan Strong dismissed two claims in the lawsuit regarding the procedures for the initiative sponsor and whether Initiative 438 violated the single-subject rule. The judge allowed the challenges to signature validity to proceed.[13]
On November 26, District Court Judge Susan Strong dismissed the remaining challenges regarding the validity of signatures on the petition. She ruled that the petitions surpassed the number of valid signatures needed.[14]
On December 6, Kuehn appealed the decision to the Nebraska Court of Appeals.[15]
How to cast a vote
- See also: Voting in Nebraska
See below to learn more about current voter registration rules, identification requirements, and poll times in Nebraska.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Nebraska Secretary of State's Office, "Full text," accessed June 21, 2023 Cite error: Invalid
<ref>tag; name "Text" defined multiple times with different content - ↑ 2.0 2.1 2.2 Nebraska Secretary of State's Office, "Current Petitions in Circulation," accessed June 21, 2023 Cite error: Invalid
<ref>tag; name "SoS" defined multiple times with different content - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedsupport - ↑ Nebraskans for Medical Marijuana, "Facts," accessed September 24, 2024
- ↑ 5.0 5.1 5.2 5.3 NCSL, "State Profiles: Elections," accessed August 28, 2024
- ↑ 6.0 6.1 6.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Nebraskans for Medical Marijuana, "Home," accessed September 17, 2024
- ↑ 8.0 8.1 8.2 Nebraska Accountability and Disclosure Commission, "NMM," accessed September 16, 2024
- ↑ Nebraska State Cannabis, "Nebraska Marijuana Laws," accessed September 20, 2024
- ↑ WOWT, "Nebraska petitions on abortion, sick leave, medical marijuana initiatives submitted on deadline," July 3, 2024
- ↑ Nebraska Secretary of State, "Secretary of State certifies pair of medical cannabis petitions for November ballot," September 13, 2024
- ↑ 1011 Now, "Attorneys weigh in on whether to dismiss Nebraska medical cannabis lawsuit," September 26, 2024
- ↑ KLKN, "Nebraska judge dismisses 2 challenges to medical marijuana petitions, lets 2 others stand," September 28, 2024
- ↑ Nebraska Public Media, "Verdict reached in case over legality of medicinal marijuana in Nebraska," November 26, 2024
- ↑ News from the States, "Appeal filed in Nebraska medical cannabis case," December 6, 2024
- ↑ Nebraska Statutes, "Section 32-908," accessed April 18, 2023
- ↑ Nebraska Secretary of State, “Nebraska Voter Registration Background,” accessed April 18, 2023
- ↑ Nebraska Secretary of State, “Felon Voting Rights FAQ,” accessed April 18, 2023
- ↑ 19.0 19.1 Nebraska Secretary of State, “Voter Information Frequently Asked Questions,” accessed April 18, 2023
- ↑ Nebraska Secretary of State, “Online Voter Registration Frequently Asked Questions,” accessed April 18, 2023
- ↑ Omaha World-Herald, “Online voter registration is coming to Nebraska,” September 5, 2015
- ↑ Nebraska Secretary of State’s Official Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
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