LINCOLN — Medical marijuana backers vowed not to give up Thursday after the Nebraska Supreme Court tossed a proposed constitutional amendment from the ballot.
The Supreme Court decision means that Nebraska voters will not have a chance to decide about legalizing medical uses of cannabis this year, despite a petition drive that collected more than 182,000 signatures to put the issue on the ballot.
With two judges dissenting, the court ruled that the proposal by Nebraskans for Medical Marijuana violated the Nebraska Constitution’s requirement that ballot initiatives stick to a single subject.
Leaders of the drive expressed deep disappointment at the ruling but said they would keep fighting for the cause. The next step will be a new attempt at getting legislation passed in the 2021 session.
“Do not despair — we are going back to the ballot and to the Legislature,” State Sens. Anna Wishart and Adam Morfeld wrote in a message to supporters.
Gov. Pete Ricketts, an opponent of legalization, said in a statement, “I’m pleased with the Nebraska Supreme Court’s decision to keep marijuana off the ballot.”
The Supreme Court ruling overturns a decision by Secretary of State Bob Evnen, who said that while “there are a number of problems” with the proposal, it met the legal requirements to be placed before voters.
On Thursday, Evnen said he would accept the medical marijuana decision and a separate one on casino gambling initiatives.
“The Secretary of State is required by statute to issue determinations as to whether initiative petitions are legally sufficient,” he wrote. “I did my best to make those determinations on a timely basis in accordance with law. Today the Supreme Court issued its decisions concerning these petitions. I respect the rule of law, and I will certify the ballot in compliance with the Court’s orders.”
The ruling came in a challenge brought by Lancaster County Sheriff Terry Wagner. He filed a lawsuit saying that the measure violated the single-subject requirement and that it would confuse voters and create doubt about what they had decided.
Supporters of the measure had argued that there was a “natural and necessary connection” among the provisions of the proposed constitutional amendment and that all of them were aimed at ensuring Nebraskans legal access to medical marijuana for serious medical conditions.
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.
The court sided with Wagner, saying the proposal contained “at least” eight subjects. Among those subjects were allowing private entities to provide marijuana, protecting them from criminal prosecution for supplying marijuana to patients and setting limits on medical marijuana, such as banning patients from smoking in public.
Judge Jonathan Papik, joined by Judge Lindsey Miller-Lehrman, dissented in the case. Papik argued that the various sections of the proposal were related to the main purpose of the measure and were not separate subjects. He raised concern that the majority’s reading would diminish the people’s right to bring initiative petitions.
Nebraskans for Medical Marijuana launched the petition drive after several unsuccessful attempts to pass legislation, including a 2019 Wishart bill that would have allowed Nebraskans with specified medical conditions to use cannabis for treatment and created a system to regulate the production and distribution of cannabis to those patients.
Nebraska currently allows the use of cannabidiol, or CBD, products, if they are derived from hemp, a cousin of marijuana. Such products have very low levels of tetrahydrocannabinol, or THC, the chemical compound that produces the marijuana high. Supporters say CBD and THC have differing medical benefits.
Photos: Our best staff images of September 2020
Pence arrives

Vice President Mike Pence arrives at Eppley Airfield in Omaha on Thursday, October 01, 2020. The vice president spoke at PVS Structures, a metal fabricator, in Carter Lake, Iowa as part of a Make America Great Again! campaign event.
Football Sunset

The sun sets over the David City Aquinas vs. Oakland-Craig football game at Oakland City Park in Oakland, Neb., on Friday, September 25, 2020. Oakland-Craig won the game 28-12.
Jump

Union Omaha's Elma N'For dribbles the ball against Richmond Kickers' defense.
Meal Time

Caleb Nissen, 19 months, eats dinner with his parents, Michael and Jessica Nissen, of Oakland, before the start of the David City Aquinas vs. Oakland-Craig football game at Oakland City Park in Oakland, Neb., on Friday, September 25, 2020. Oakland-Craig won the game 28-12.
Campaign

Charlene Ligon, chairwoman of the Sarpy County Democratic Party, introduces Jill Biden and Doug Emhoff at an event in Papillion on Saturday.
Spider Web

Paisley Gaver, 5, decorates her grandma’s yard for Halloween with stretchy spider webs in South Omaha on Friday, September 18, 2020.
Union Omaha New England

New England Revolution II's keeper Joseph Rice makes a save over the head of Union Omaha's Elma N'For.
Monarch

Some monarchs fly 3,000 miles to reach Mexico, where the insects overwinter.
Library

Debbie Cooley, of Omaha, visits the Omaha Public Library's Milton R. Abrahams branch on Monday, Sept. 21, 2020.
Millard South Bellevue West

Bellevue West's Ryan Rogers, right, hits Millard South's Taekwon Johnson, as he Johnson was trying to return a kick to start the second half.
Twirl

Millard North won the game 46-41 with a touchdown on the final play of the game. A Millard North baton twirler performs before the start of the Lincoln East vs. Millard North football game at Millard South High School in Omaha on Thursday, September 17, 2020.
Balance

Lincoln East's Austin Schneider (8) gets away from Millard North's Isaiah McMorris (8) in the Lincoln East vs. Millard North football game at Millard South High School in Omaha on Thursday, September 17, 2020. Millard North won the game 46-41 with a touchdown on the final play of the game.
Grand Jury

James Scurlock II has a tattoo that says, "Truth be told" on his arm as he answers questions about the charges filed against Jake Gardner in the killing of Scurlock's son, also named James.
Grand jury reaction

Protesters hug and celebrate the indictment of Jake Gardner on Tuesday at the corner of 50th Street and Underwood Avenue.
Focus

Elkhorn North's Hunter Richardson (1) looks to pass the ball in the Plattsmouth vs. Elkhorn North football game at Elkhorn High School on Friday, September 11, 2020. This is Elkhorn North's first home game in history. Plattsmouth won the game 34-7.
Sept. 11

A person runs with their dog near a display of American flags on Friday at Memorial Park in Omaha. The 2,977 flags represent the lives lost in the Sept 11 attacks 19 years ago.
Sept 11 Taps

John Herrmann, with the American Legion Honor and VFW honor detail plays Taps, during a 9/11 Remembrance Ceremony before the start of the Millard South and Millard West game.
Elkhorn-Waverly high school football

Elkhorn's Aiden Young dodges a tackle from Waverly 's Evan Canoyer.
Flu Shots

Reed Elias, 15, of Omaha, holds on to Molly, his family’s 8-month-old miniature schnauzer, while getting a shot from Kristy Gohr, a certified medical assistant, during a drive-thru flu shot clinic at a Methodist Physicians Clinic in Omaha on Thursday, Sept. 10, 2020.
September Images 1

The sun sets behind the Waverly stands during the Omaha Skutt vs. Waverly football game at Waverly High School in Waverly on Friday, September 4, 2020. Waverly won the game 17-7.
September Images 2

A Corona Extra display is seen wearing a mask at Wine, Beer and Spirits, 3435 Oak View Drive in Omaha on Tuesday, September 01, 2020.
September Images 3

Stalks of corn are browning near Winslow, Neb., on Wednesday, September 2, 2020.
September Images 4

Brothers-in-law Mark Policky, of Seward, and Kevin McGrath, of Lincoln, tailgate by themselves outside Memorial Stadium in Lincoln on Saturday, September 5, 2020. The Huskers were originally set to open the football season against Purdue at Memorial Stadium on Saturday. "This is kind of our protest against the Big Ten today," McGrath said. "We can't let the Huskers down," Policky added.
September Images 5

The parking to the east of Memorial Stadium has no tailgaters in Lincoln on Saturday, September 5, 2020. The Huskers were originally set to open the football season against Purdue at Memorial Stadium on Saturday.
September Images 6

A pedestrian walks in downtown Lincoln on Saturday, September 5, 2020. The Huskers were originally set to open the football season against Purdue at Memorial Stadium on Saturday.
September Images 7

People stand out on 42nd Street near Pacific Street to watch as Omaha police officers escort the body of Lincoln police officer Mario Herrera back to Lincoln after he died on Monday, September 07, 2020. Herrera was shot Aug. 26 while trying to serve a warrant.
September Images 8

Lincoln police officer Mario Herrera is escorted on Monday near 42nd and Grover in Omaha. Herrera passed away early Monday after being shot on duty August 26th.
September Images 9

Kristin Pehoviack and Audrey Lash feed sea lions at the new Owen Sea Lion Shores exhibit at the Omaha Henry Doorly Zoo.
September Images 10

Visitors get an up close view of a sea lion at the new Owen Sea Lion Shores exhibit at the Omaha Henry Doorly Zoo.
September Images 11

Elkhorn warms up as the sun starts to set before their game against Omaha Roncalli.
September Images 12

Todd Shannon, a parent of an Omaha Public Schools student speaks at a protest calling for the return of fall sports in the district.
September Images 13

A crosswalk sign is seen through a rain covered glass wall of a bus shelter on Farnam Street near 34th Strreet on Tuesday, September 08, 2020.
September Images 14

Omaha Roncalli's Quincy Evans stretches but can't pull down this third down pass in the third quarter in front of Elkhorn's Zach Leinen.
September Images 15

People watch the Omaha Skutt vs. Waverly football game from a hill outside the stadium at Waverly High School in Waverly on Friday, September 4, 2020.
September Images 16

Waverly takes the field for the Omaha Skutt vs. Waverly football game at Waverly High School in Waverly on Friday, September 4, 2020.
September Images 17

Millard South's Ryan Holdsworth (3) and Gage Stenger (12) celebrate a touchdown against Elkhorn South.
martha.stoddard@owh.com, 402-473-9583