On Sept. 4, the Nebraska Supreme Court unanimously upheld the state's voter-approved medical cannabis laws against a petition-fraud challenge

On Sept. 4, 2026, the Nebraska Supreme Court unanimously affirmed a lower court's rejection of a challenge to the petitions that put Nebraska's two medical cannabis measures on the November 2024 ballot, according to the court's opinion in Kuehn v. Evnen and Nebraska Public Media. Voters approved both measures, one legalizing medical cannabis and one creating the Nebraska Medical Cannabis Commission to regulate it.

Former state Sen. John Kuehn, a longtime opponent of medical marijuana, filed the case in September 2024, and Secretary of State Bob Evnen later filed a cross-claim asking the court to throw out both measures, Nebraska Public Media reported. They alleged "widespread, pervasive" fraud in the signature-gathering and notarization processes. Lancaster County District Judge Susan Strong found they fell "well short" of proving that enough signatures were fraudulent.

Writing for the court, Chief Justice Jeffrey Funke said the number of signatures affected by the alleged improper notarizations was "relatively small" and that excluding them "would not change the numbers such that the petitions did not contain sufficient signatures." The court also held that the trial judge had discretion over whether to draw negative inferences when several circulators and notaries invoked their Fifth Amendment rights. In a concurrence joined by Justice John Freudenberg, Justice William Cassel wrote that in other cases, widespread notarial failure could justify requiring proof that signatures are valid.

Attorney General Mike Hilgers called the ruling "a sad day for election integrity in Nebraska" and said, "We disagree with the court's ruling but will follow the law as it stands," according to Nebraska Public Media. Crista Eggers of the Nebraskans for Medical Marijuana campaign called it a "major legal and democratic victory."

Later developments: on Sept. 11, 2026, the court unanimously ruled in a second case, Kuehn v. Pillen, that Kuehn lacked standing to argue the laws are preempted by federal law, and affirmed the dismissal of that case without prejudice, the Nebraska Examiner reported in a story republished by Marijuana Moment. That report said "without prejudice" means Kuehn could bring a similar case if circumstances change. It also said the commission had licensed four cultivators and was rewriting its regulations to add fees before licensing manufacturers or dispensaries.

Current status: as of Oct. 18, 2026, both laws remain in effect. On Oct. 15, the commission held a hearing on proposed regulation updates, including new application fees for growers, manufacturers and dispensaries, Nebraska Public Media reported; after commissioners approve the updates, they go to the attorney general and the governor for approval.

This report summarizes court rulings and published reporting and is not legal advice.