Circuit Court of Appeals Rules Nebraska Medical Marijuana Petition

The 8th US Circuit Court of Circuits ruled on a medical marijuana lawsuit brought by the American Civil Liberties Union of Nebraska on behalf of Nebrascans. The court overturned a federal judge’s earlier ruling regarding the constitutionality of a voting license required by the state of Nebraska. The electoral qualification requirement listed in the state constitution states that those wishing to change the law or amend the state constitution must collect signatures from 5 percent of registered voters in 38 counties to qualify for a statewide vote. The ACLU and Nebraskans for Medical Marijuana said this requirement violates the one-person, one-vote principle by giving signatures unequal weight based on location. The court’s latest ruling temporarily reintroduces this controversial requirement as the litigation rages on. If the ACLU and Nebraskans for medical marijuana win their case, the medical marijuana campaign could still qualify for the Nebraska vote in November if enough signatures are collected overall — regardless of whether the “multi-county distribution requirement” is met becomes. Crista Eggers, the plaintiff in that case and national campaign coordinator for Nebraskans on medical marijuana, released a statement following today’s ruling: “The signature of all Nebraskans should carry equal weight, regardless of the size of our community. Today’s decision is disappointing. In our view,” this stay adds unnecessary confusion at a critical juncture. We will continue to move forward so we can legalize medicinal cannabis and help Nebraska’s suffering residents. If you haven’t already signed the petition, I can’t stress that enough : Now is the time,” Eggers said. Jane Seu, an ACLU attorney from Nebraska, also issued a statement following the ruling: “Today’s decision is a setback, but not the end of our case. We were very encouraged by the previous ruling in this case and remain confident that state officials have tried at every turn to uphold the unconstitutional multi-county allocation requirement, but constitutional standards clearly favor our clients Whatever comes next, and we will continue to plead our case until we can achieve a lasting victory,” Seu said. The Nebrascans for medical marijuana continue to seek a permanent restraining order that would overturn the provision, with litigation pending. Two supplemental petitions are still being collected Statewide signatures by July 7 – the campaign requires approximately 87,000 signatures for each petition. Visit nebraskamarijuana.org for places to sign the petition and follow the campaign. More coverage

The US 8th Circuit Court of Appeals ruled on a lawsuit brought by the American Civil Liberties Union of Nebraska on behalf of Nebrascans over medical marijuana.

The court overturned a federal judge’s earlier ruling regarding the constitutionality of a voting license required by the state of Nebraska.

The electoral qualification requirement listed in the state constitution states that those wanting to change the law or amend the state constitution must collect signatures from 5 percent of registered voters in 38 counties to qualify for a statewide election.

The ACLU and Nebraskans for Medical Marijuana said this requirement violates the “one person, one vote” principle because signatures are given unequal weight based on location.

The court’s latest ruling temporarily reinstates this controversial requirement while the litigation continues.

If the ACLU and Nebraskans for medical marijuana win their case, the medical marijuana campaign could still qualify for the Nebraska vote in November if enough signatures are collected overall — regardless of whether the “multi-county distribution requirement” is met becomes.

Crista Eggers, the plaintiff in the case and national campaign coordinator for Nebraskans for medical marijuana, released a statement following today’s ruling.

“The signature of every Nebrascan should carry equal weight regardless of the size of our community. Today’s decision is disappointing. From our point of view, this stay at a critical juncture creates unnecessary confusion. We will continue to move forward so we can legalize medicinal cannabis and help suffering Nebrascans. If you haven’t already signed the petition, I can’t stress this enough: Now is the time,” Eggers said.

Jane Seu, an attorney for the ACLU of Nebraska, also issued a statement following the verdict.

“Today’s decision is a setback, but not the end of our case. We have been very encouraged by the earlier judgment in this case and we remain confident. At every turn, state officials have attempted to uphold the unconstitutional multi-county allocation requirement, but constitutional standards clearly favor our customers. We are ready for whatever comes next and we will continue to make our case until we can achieve a lasting victory,” Seu said.

Medical marijuana Nebrascans continue to seek a permanent restraining order that would overturn the provision while litigation is pending.

Two supplemental petitions are still collecting signatures statewide through July 7 — the campaign needs approximately 87,000 signatures for each petition.

Below you can find places to sign the petition and follow the campaign nebraskamarijuana.org.

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