A state senator introduced a proposed amendment to the Nebraska Constitution on Thursday that would legalize marijuana for adults 21 and older. If advanced by the Nebraska Legislature, the proposed amendment from state Sen. Justin Wayne of Omaha would appear on the ballot in 2022.
Under Legislative Resolution 2CA, voters would decide on a proposed amendment to the state constitution in next year’s general election in November. The amendment would legalize marijuana for all adults age 21 and older and require state lawmakers to enact legislation governing the “cultivation, manufacture, distribution, consumption, and sale of cannabis in any form” by October 1, 2023.
2020 Ballot Initiative Nixed By State Supreme Court
The proposed amendment comes following an unsuccessful bid by activists to legalize medical marijuana last year with the Nebraska Medical Cannabis Constitutional Amendment (NMCCA). Supporters of the ballot measure submitted more than 182,000 signatures in July, and the following month Nebraska Secretary of State Bob Evnen announced that the measure had garnered enough signatures to qualify for a vote and certified the initiative for the November 2020 general election ballot.
However, that decision was challenged by Lancaster County Sheriff Terry Wagner, who filed a lawsuit to block the initiative from appearing on the ballot on the grounds that it contained misleading language and violated a rule limiting initiatives to one subject. The challenge was upheld by a vote of 5 to 2 by the Nebraska Supreme Court, which ruled that provisions that provided for retail sales, home cultivation, and other issues were not sufficiently connected to legalizing the medicinal use of cannabis.
“If voters are to intelligently adopt a State policy with regard to medicinal cannabis use, they must first be allowed to decide that issue alone, unencumbered by other subjects,” the court wrote in its conclusion. “As proposed, the NMCCA contains more than one subject—by our count, it contains at least eight subjects.”