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Nebraska Medical Marijuana Initiative (2016)

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Nebraska
Medical Marijuana Initiative
Flag of Nebraska.png
TypeConstitutional amendment
OriginCitizens
TopicMarijuana
StatusNot on the ballot


Voting on Marijuana
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Ballot Measures
By state
By year
Not on ballot

A Nebraska Medical Marijuana Initiative did not make the November 8, 2016 ballot in Nebraska as an initiated constitutional amendment. The measure, upon voter approval, would have legalized personal noncommercial cultivation, distribution and possession of marijuana for any patient with a debilitating medical condition as determined by a licensed physician.[1]

Text of measure

Constitutional changes

See also: Article III, Nebraska Constitution

The proposed initiative amendment would have added a Section 31 to Article III of the Nebraska Constitution. The new section would read:[1]

By October 1, 2017, the State of Nebraska shall implement and enact statutory rules and regulations allowing the private noncommercial growing, possession, consumption, and distribution of cannabis, also known as marijuana, for any patient with a debilitating medical condition as determined by a licensed Nebraska physician.

Nothing in this section shall be construed to conflict with laws prohibiting persons from engaging in conduct that endangers others.

If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity shall not effect other provisions or applications of this section that can be given effect without the invalid provision or application, and this this end the provisions of this section are severable.[2]

Support

The initiative was sponsored by NORML Nebraska and Omaha NORML.[3]

Supporters

  • Nebraska Families 4 Medical Cannabis[3]

Opposition

Opponents

Path to the ballot

See also: Laws governing the initiative process in Nebraska

Nebraska's signature requirement for ballot initiatives is unique among the states. The number of required signatures is tied to the number of registered voters in the state as of the deadline for filing signatures. For initiated constitutional amendments, the number of signatures required is equivalent to 10 percent of registered voters at the time of the deadline. The deadline was four months prior to the general election date of November 8, 2016, which meant the signatures were due around July 8, 2016.

The groups sponsoring the petition put their campaign on hold in hopes that a bill to adopt the Cannabis Compassion and Care Act would pass in the legislature. LB 643, sponsored by Sen. Tommy Garrett (R-3) failed to win enough votes to end a filibuster on April 5, 2016. As a result, the support campaign faces the task of gathering the required 115,909 signatures by the July deadline. The support campaign suspended their efforts for getting the measure on the ballot in 2016, citing a shortage of money and time to meet the July deadline.[3][5][6][7]

See also

Footnotes