Help us improve in just 2 minutes—share your thoughts in our reader survey.
Nebraska Marijuana Legalization Initiative (2022)
| Nebraska Marijuana Legalization Initiative | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Marijuana | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The Nebraska Marijuana Legalization Initiative was not on the ballot in Nebraska as an initiated constitutional amendment on November 8, 2022.
The initiative would have amended the Nebraska Constitution to legalize the use of marijuana for recreational purposes.[1][2]
Text of measure
Object statement
The object statement for the initiative would have been as follows:[1]
| “ | The object of the Nebraska Cannabis Initiative Petition is to amend the Constitution of the State of Nebraska by adding a new Article XIX which states that all persons have the right to use all plants in the genus
Cannabis L.[3] |
” |
Constitutional changes
- See also: Nebraska Constitution
The measure would have added a new article, Article XIX to the state constitution. The following underlined text would have been added:[1]
Section 31
All persons have the right to use all plants in the genus Cannabis L.[3]
Full text
The full text of the measure is available here.
Background
Marijuana-related ballot measures |
 |
| • 2020 marijuana ballot measures |
|---|
| • Marijuana on the ballot |
| • Local marijuana on the ballot |
| • History of marijuana ballot measures and laws |
| • Marijuana laws in the U.S. |
Marijuana and CBD policy in Nebraska
As of 2020, Nebraska did not allow the use of recreational or medical marijuana. On May 30, 2019, Nebraska passed the Nebraska Hemp Farming Act (Legislative Bill 657), which legalized the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products tested and approved by the Nebraska Department of Agriculture.[4]
CBD derived from hemp containing less than 0.3% THC (tetrahydrocannabinol) was legalized at the federal level effective January 1, 2019, after President Donald Trump (R) signed the Agriculture Improvement Act (also known as the Farm Bill) into law on December 20, 2018.[5]
Federal policy on marijuana
- See also: Federal policy on marijuana, 2017-2018
The federal government has classified marijuana as an illegal controlled substance since 1970. Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). According to the White House Office of National Drug Control Policy, marijuana has "high abuse potential and no approved therapeutic use through the Food and Drug Administration (FDA) process for establishing medications."[6]
On January 4, 2018, the Trump administration rescinded the Cole Memorandum, a 2013 policy that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. Attorney General Jeff Sessions said that in deciding which activities to prosecute under federal laws, such as the Controlled Substances Act, "prosecutors should follow the well-established principles that govern all federal prosecutions. ... These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community."[7][8]
As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law.
Path to the ballot
The state process
In Nebraska, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of registered voters as of the deadline for filing signatures. Because of the unique signature requirement based on registered voters, Nebraska is also the only state where petition sponsors cannot know the exact number of signatures required until they are submitted. Nebraska law also features a distribution requirement mandating that petitions contain signatures from 5 percent of the registered voters in each of two-fifths (38) of Nebraska's 93 counties.
Signatures must be submitted at least four months prior to the next general election. Signatures do not roll over and become invalid after the next general election at least four months after the initial initiative application filing. Depending on when the initiative application is filed, petitioners can have up to just under two years to circulate petitions.
The requirements to get an initiated constitutional amendment certified for the 2022 ballot:
- Signatures: 123,966
- Deadline: The deadline to submit signatures was July 7, 2022.
Signatures are submitted to the secretary of state. The secretary of state sends the appropriate signature petitions to each county, where county election officials verify the signatures. Upon receiving the signatures back from county officials, the secretary of state determines whether or not the requirements were met.
Details about this initiative
- The initiative was filed by Bill Hawkins of The Nebraska Hemp Company on March 10, 2021.[2]
- The initiative did not file signatures on July 7, 2022.[2]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Nebraska Secretary of State, "Marijuana Constitutional Amendment," accessed March 29, 2021
- ↑ 2.0 2.1 2.2 Nebraska Secretary of State, "Current Petitions in Circulation," accessed November 9, 2020
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Nebraska Department of Agriculture, "Legislative Bill 657," accessed September 2, 2020
- ↑ Perkins Coie, "What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?" accessed February 5, 2020
- ↑ WhiteHouse.gov, "Office of National Drug Control Policy: Marijuana," accessed January 1, 2020
- ↑ U.S. Department of Justice, "Guidance Regarding Marijuana Enforcement," August 29, 2013
- ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
 |
State of Nebraska Lincoln (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
