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A setback in federal court for Nebraska's medical marijuana petitioners

Posted at 5:08 PM, Jul 06, 2022
and last updated 2022-07-06 18:10:18-04

OMAHA, Neb. (KMTV) — The United States Court of Appeals for the Eighth Circuit has granted a stay to the State of Nebraska in a case involving signature requirements on a medical marijuana petition.

The state, with Secretary of State Bob Evnen listed as the appellant, appealed a lower court ruling in favor of Crista Eggers and Nebraskans for Medical Marijuana (NMM). That previous ruling from the U.S. District Court for the District of Nebraska said that NMM didn't have to meet the threshold of at least 5% of registered voters in at least 38 Nebraska counties as signatories on the ballot petition.

The state filed an emergency motion for a stay of the preliminary injunction.

NMM argued in its motion that the law violates the First Amendment, Equal Protection clause and the Due Process clause of the U.S. Constitution, saying the requirement gives rural counties more power and dilutes urban counties.

Essentially, this is a setback for NMM, which is trying to get medical marijuana on the ballot in November. In its initial filing, NMM argued the multi-county requirement "will still prevent" them from qualifying for the ballot.

Eggers told 3 News Now Wednesday afternoon she cannot comment tonight and will continue to collect signatures up to the Thursday deadline.

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