Sheriff Wagner talks medical marijuana lawsuit

10/11 NOW at Ten
Published: Sep. 1, 2020 at 9:35 PM CDT
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LINCOLN, Neb. (KOLN) - Medical marijuana has hit another hurdle on its way to the November ballot, this time in the form of a lawsuit filed by Sheriff Terry Wagner.

The Nebraska Supreme Court will decide what’s next for the initiative and whether it even makes it on the ballot.

Wagner’s lawsuit claims the initiative asks the voters to answer two questions, not one.

“There are a number of different items within this initiative,” said Wagner. “I believe and I’ve been told it goes beyond that constitutional allowance.”

He and other opponents said that it violates the state’s rule that ballot measures only focus on a single question.

The wording in the initiative breaks it down by age, differentiating between people 18 or older, and minors under 18 who would need parental permission.

The measure also asks the state legislature to pass laws regulating marijuana and marijuana-related products.

“The amendments about nine paragraphs long,” said Wagner. “If you look at the constitutional amendment for freedom of press its three lines.”

Lia McDowell Post is a medical marijuana user and advocate. She is disabled with Complex Regional Pain Syndrome.

She said the challenge was expected but still frustrating.

“Families giving up their time and their resources and their lives to try to make change happen for everyone,” said Post. “These conversations should be had with my doctor and not here.”

The case is set to be heard on Thursday.

Post remains confident that come November medical marijuana will be up to Nebraska voters.

“I hope that I can believe in this state,” said Post. “I hope that all the values that it speaks to are still there and if not I’ll keep fighting.”

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