A state senator launched a proposed modification to the Nebraska Structure on Thursday that might legalize marijuana for adults 21 and older. If superior by the Nebraska Legislature, the proposed modification from state Sen. Justin Wayne of Omaha would seem on the poll in 2022.
Underneath Legislative Resolution 2CA, voters would resolve on a proposed modification to the state structure in subsequent 12 months’s common election in November. The modification would legalize marijuana for all adults age 21 and older and require state lawmakers to enact laws governing the “cultivation, manufacture, distribution, consumption, and sale of hashish in any type” by October 1, 2023.
2020 Poll Initiative Nixed By State Supreme Court docket
The proposed modification comes following an unsuccessful bid by activists to legalize medical marijuana final 12 months with the Nebraska Medical Hashish Constitutional Modification (NMCCA). Supporters of the poll measure submitted more than 182,000 signatures in July, and the next month Nebraska Secretary of State Bob Evnen introduced that the measure had garnered sufficient signatures to qualify for a vote and authorized the initiative for the November 2020 common election poll.
Nevertheless, that call was challenged by Lancaster County Sheriff Terry Wagner, who filed a lawsuit to dam the initiative from showing on the poll on the grounds that it contained deceptive language and violated a rule limiting initiatives to at least one topic. The challenge was upheld by a vote of 5 to 2 by the Nebraska Supreme Court docket, which dominated that provisions that offered for retail gross sales, residence cultivation, and different points weren’t sufficiently related to legalizing the medicinal use of hashish.
“If voters are to intelligently undertake a State coverage with regard to medicinal hashish use, they have to first be allowed to resolve that challenge alone, unencumbered by different topics,” the court wrote in its conclusion. “As proposed, the NMCCA comprises a couple of topic—by our rely, it comprises no less than eight topics.”
“We reverse the Secretary of State’s choice and challenge a writ of mandamus directing him to withhold the initiative from the November 2020 common election poll,” the opinion states.
Decided Activists Launch New Legalization Effort
That led the blocked initiative’s supporters, Nebraskans for Medical Marijuana, to launch a brand new initiative marketing campaign in September of final 12 months. The brand new modification proposal comprises easy and concise language so as to assist the initiative go muster with the courts.
“Individuals within the State of Nebraska shall have the proper to hashish in all its kinds for medical functions,” the measure reads.
The brand new medical marijuana initiative is co-sponsored by State Sens. Anna Wishart and Adam Morfeld, co-chairs of Nebraskans for Medical Marijuana. This time round, the straightforward constitutional modification might be coupled with statutory initiatives to control hashish.
“Households with family members affected by situations like epilepsy, PTSD, Parkinson’s and most cancers have fought for years to make medical hashish safely accessible in our state as it’s in 33 different states,” Wishart said in September. “We won’t surrender and intend to convey this combat to the Legislature in January with a invoice that I’ll introduce and to the poll in 2022.”
In December, Wishart and Morfeld introduced that they might additionally introduce poll language for full legalization of marijuana, together with leisure use. The lawmakers stated that they had been inspired by the success of hashish reform in neighboring South Dakota, the place each medical marijuana and adult-use hashish had been legalized in November’s election.
“Individuals in rural, conservative areas are open-minded about not solely medical marijuana however leisure use,” Morfeld said final month.
On Thursday, Morfeld stated that passage of legalization within the Legislature won’t be a straightforward promote. However debate over the measures may assist educate lawmakers and the general public.
“It’s necessary that we’ve got a number of approaches,” Morfeld said. “If we will’t get it handed within the Legislature, we’ll gather one other 125,000 signatures to get it on the poll.”