LINCOLN — Advocates of medical marijuana took less than 24 hours to regroup and jump back into the fight after the Nebraska Supreme Court killed their 2020 ballot proposal.
The court ruling was released Thursday afternoon. On Friday afternoon, Nebraskans for Medical Marijuana announced that it plans to lay the groundwork for a 2022 petition drive while working to inform voters about candidates’ positions on the issue.
State Sen. Anna Wishart of Lincoln also said she will introduce new legislation next year, if she is reelected.
“If anyone thinks we are going to pack our bags and go home, they’re wrong and don’t understand why we fight so hard to legalize medical cannabis,” she said.

Anna Wishart
“Our home is Nebraska, and we are here to stay and advocate for parents and families who are watching their loved ones needlessly suffer,” Wishart said. “We will not rest until Nebraska enacts a compassionate medical cannabis law that provides relief to the people who desperately need it.”
Wishart and Sen. Adam Morfeld of Lincoln co-chair Nebraskans for Medical Marijuana, the group that collected more than 180,000 petition signatures over the course of two years to put the issue on the Nov. 3 ballot.
Their efforts were frustrated when the state high court ruled that the medical marijuana proposal violated the Nebraska Constitution’s requirement that ballot measures stick to a single subject. The decision came in response to a legal challenge brought by Lancaster County Sheriff Terry Wagner.
On Friday, medical marijuana backers announced plans to work on multiple fronts. They will look into setting up a new ballot committee in preparation for launching a petition to legalize medical cannabis in 2022.
Morfeld said the court ruling will make the task harder. He said the ruling created more confusion about the single-subject requirement and will make it more difficult to craft language. The ruling concluded that there were “at least” eight separate subjects in the proposed constitutional amendment on medical marijuana.

Adam Morfeld
Morfeld argued that the dissenting opinion, written by Judge Jonathan Papik, was correct in concluding that all sections of the proposal related to the purpose of giving people with serious medical conditions the right to use marijuana to treat those conditions.
“We are left with the conclusion that if you do propose an initiative, it must be simple and broad and have no limitations, even if they are natural and necessary to the single subject,” Morfeld said. “We will take this all into account when looking into drafting new language.”
The constitutional amendment would have guaranteed that people 18 and older could buy, grow and use marijuana for serious medical conditions, subject to “reasonable laws, rules and regulations.” Those younger than 18 could have used medical marijuana with a parent’s permission.
A recommendation from a doctor or nurse practitioner would have been required for both groups. The measure would have allowed private entities to grow, process, transport and sell marijuana to the extent needed by patients, while setting limits on medical marijuana use, such as banning patients from smoking in public.
On another front, Wishart said advocates would work with other groups to spread the word about candidates’ and elected officials’ positions on medical marijuana. Getting more supportive lawmakers elected would help get medical marijuana legislation passed.
Previous efforts have fallen short in the face of filibusters, which force supporters of a bill to come up with 33 votes instead of a simple majority of 25.
Some on Twitter, including Jane Kleeb, the chairwoman of the Nebraska Democratic Party, also called for people to express their views by voting against keeping Judge Jeffrey Funke on the Supreme Court. Funke, who sided with the majority, and Judge Lindsey Miller-Lerman, who joined the dissent, are up for retention this year.
Medical marijuana faces opposition from several high-profile Nebraskans, including Gov. Pete Ricketts, Attorney General Doug Peterson and legendary Husker coach Tom Osborne. A national group called Sensible Approaches to Marijuana launched radio and television advertisements warning Nebraskans about legalizing medical marijuana even before it became clear whether the issue would make the ballot.
Nebraska's 49 state senators

Nebraska has 49 state senators in the Legislature. Click through to find your state senator and others.
Julie Slama

District 1: State Sen. Julie Slama
From: Peru
Party: Republican
Robert Clements

District 2: State Sen. Robert Clements
From: Elmwood
Party: Republican
Carol Blood

District 3: State Sen. Carol Blood
From: Bellevue
Party: Democratic
Robert Hilkemann

District 4: State Sen. Robert Hilkemann
From: Omaha
Party: Republican
Mike McDonnell

District 5: State Sen. Mike McDonnell
From: Omaha
Party: Democratic
Machaela Cavanaugh

District 6: State Sen. Machaela Cavanaugh
From: Omaha
Party: Democratic
Tony Vargas

District 7: State Sen. Tony Vargas
From: Omaha
Party: Democratic
Megan Hunt

District 8: State Sen. Megan Hunt
From: Omaha
Party: Democratic
Sara Howard

District 9: State Sen. Sara Howard
From: Omaha
Party: Democratic
Wendy DeBoer

District 10: State Sen. Wendy DeBoer
From: Bennington
Party: Democratic
Ernie Chambers

District 11: State Sen. Ernie Chambers
From: Omaha
Party: Independent
Steve Lathrop

District 12: State Sen. Steve Lathrop
From: Omaha
Party: Democratic
Justin Wayne

District 13: State Sen. Justin Wayne
From: Omaha
Party: Democratic
John Arch

District 14: State Sen. John Arch
From: La Vista
Party: Republican
Lynne Walz

District 15: State Sen. Lynne Walz
From: Fremont
Party: Democratic
Ben Hansen

District 16: State Sen. Ben Hansen
From: Blair
Party: Republican
Joni Albrecht

District 17: State Sen. Joni Albrecht
From: Thurston
Party: Republican
Brett Lindstrom

District 18: State Sen. Brett Lindstrom
From: Omaha
Party: Republican
Jim Scheer

District 19: State Sen. Jim Scheer
From: Norfolk
Party: Republican
John McCollister

District 20: State Sen. John McCollister
From: Omaha
Party: Republican
Mike Hilgers

District 21: State Sen. Mike Hilgers
From: Lincoln
Party: Republican
Mike Moser

District 22: State Sen. Mike Moser
From: Columbus
Party: Republican
Bruce Bostelman

District 23: State Sen. Bruce Bostelman
From: Brainard
Party: Republican
Mark Kolterman

District 24: State Sen. Mark Kolterman
From: Seward
Party: Republican
Suzanne Geist

District 25: State Sen. Suzanne Geist
From: Lincoln
Party: Republican
Matt Hansen

District 26: State Sen. Matt Hansen
From: Lincoln
Party: Democratic
Anna Wishart

District 27: State Sen. Anna Wishart
From: Lincoln
Party: Democratic
Patty Pansing Brooks

District 28: State Sen. Patty Pansing Brooks
From: Lincoln
Party: Democratic
Kate Bolz

District 29: State Sen. Kate Bolz
From: Lincoln
Party: Democratic
Myron Dorn

District 30: State Sen. Myron Dorn
From: Adams
Party: Republican
Rick Kolowski

District 31: State Sen. Rick Kolowski
From: Omaha
Party: Democratic
Tom Brandt

District 32: State Sen. Tom Brandt
From: Plymouth
Party: Republican
Steve Halloran

District 33: State Sen. Steve Halloran
From: Hastings
Party: Republican
Curt Friesen

District 34: State Sen. Curt Friesen
From: Henderson
Party: Republican
Dan Quick

District 35: State Sen. Dan Quick
From: Grand Island
Party: Democratic
Matt Williams

District 36: State Sen. Matt Williams
From: Gothenburg
Party: Republican
John Lowe

District 37: State Sen. John Lowe
From: Kearney
Party: Republican
Dave Murman

District 38: State Sen. Dave Murman
From: Glenvil
Party: Republican
Lou Ann Linehan

District 39: State Sen. Lou Ann Linehan
From: Elkhorn
Party: Republican
Tim Gragert

District 40: State Sen. Tim Gragert
From: Creighton
Party: Republican
Tom Briese

District 41: State Sen. Tom Briese
From: Albion
Party: Republican
Mike Groene

District 42: State Sen. Mike Groene
From: North Platte
Party: Republican
Tom Brewer

District 43: State Sen. Tom Brewer
From: Gordon
Party: Republican
Dan Hughes

District 44: State Sen. Dan Hughes
From: Venango
Party: Republican
Sue Crawford

District 45: State Sen. Sue Crawford
From: Bellevue
Party: Democratic
Adam Morfeld

District 46: State Sen. Adam Morfeld
From: Lincoln
Party: Democratic
Steve Erdman

District 47: State Sen. Steve Erdman
From: Bayard
Party: Republican
John Stinner

District 48: State Sen. John Stinner
From: Gering
Party: Republican
Andrew La Grone

District 49: State Sen. Andrew La Grone
From: Gretna
Party: Republican
martha.stoddard@owh.com, 402-473-9583