Nebraska Medical Marijuana Initiative (2020)

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Nebraska Medical Marijuana Initiative
Flag of Nebraska.png
Election date
November 3, 2020
Topic
Marijuana
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Nebraska Medical Marijuana Initiative was not on the ballot in Nebraska as an initiated constitutional amendment on November 3, 2020.

A "yes" vote supports amending the Nebraska Constitution to allow:

  • adults 18 years of age or older who have a serious medical condition to use, possess, purchase, and produce marijuana;
  • minors under the age of 18 with the permission from a parent or a legal guardian and upon the recommendation of a licensed physician or nurse to use marijuana for a serious medical condition; and
  • the state legislature to pass laws that regulate entities that provide marijuana or marijuana-related products and promote the safety of individuals who use medical marijuana.

A "no" vote opposes amending the Nebraska Constitution to provide for the use of medical marijuana for individuals with serious medical conditions, thus maintaining the state prohibition on marijuana.



Overview

What changes would the initiative have made to marijuana policies in Nebraska?

See also: Initiative design

The initiative would have amended the Nebraska Constitution to legalize medical marijuana. The amendment would have allowed adults and children (under 18 years of age) with the consent of a parent or guardian to use medical marijuana upon the recommendation of a licensed physician or nurse practitioner to treat a serious medical condition. The amendment did not define serious medical condition, thus the determination would have been left to the licensed physician or nurse practitioner. The amendment would have authorized the Nebraska State Legislature to develop laws, rules, and regulations to govern the state's medical-marijuana program. The amendment would have required that the laws, rules, and regulations be reasonable and not impose an undue burden on medical-marijuana patients' right to use marijuana.[1]

As of 2020, Nebraska did not allow the use of recreational or medical marijuana.

Who was behind the campaigns surrounding the initiative?

See also: Support and Opposition

Nebraskans for Medical Marijuana led the campaign in support of the ballot initiative. The co-chairs of the committee were Democratic Senators Adam Morfeld and Anna Wishart. Explaining his support for the initiative, Sen. Morfeld said, "We are quickly being surrounded by states that have sensible laws on medical marijuana, and we do not. A lot of Nebraskans are looking to other states—to Utah and Missouri—and saying, ‘Wow, these are also conservative states and they have much more reasonable policies about this than we do.'"[2]

According to the last campaign finance reports on July 27, two committees were registered in support of the measure. Nebraska Families for Medical Cannabis raised a total of $14,609.38 in contributions. Nebraskans for Medical Marijuana raised a total of $1.7 million in cash and in-kind contributions.[3]

Ballotpedia did not identify any committees registered in opposition to the initiative. Governor Pete Ricketts (R) came out in opposition to the measure. He said, "There is no such thing as medical marijuana. This is not something that would be prescribed by a doctor. It’s not going to be distributed through a pharmacy. These are dispensaries that would be in your communities. ... This is not a benign thing. This is a dangerous thing."[4]

What other states have legalized medical marijuana?

See also: Medical marijuana in the United States and Marijuana laws ballot measuresin 2020

As of 2020, 33 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Based on 2019 population estimates, 67.5 percent of Americans live in a jurisdiction with access to medical marijuana. In November 2020, Mississippi also decided on a medical marijuana measure. Mississippi Initiative 65 and Alternative 65A, the Medical Marijuana Amendment, was designed to amend the Mississippi Constitution to provide for the establishment of a medical marijuana program in Mississippi for individuals with a debilitating medical condition.

Initiative design

The initiative would have added an article to the Nebraska Constitution to legalize medical marijuana.[1]

The amendment would have allowed adults, with the recommendation of a licensed physician or nurse practitioner, to use, possess, purchase, and produce marijuana to alleviate a serious medical condition. The amendment would have also allowed children (under 18 years of age), with the recommendation of a licensed physician or nurse practitioner and permission of a parent or legal guardian who is responsible for their healthcare decisions, to use marijuana to alleviate a serious medical condition. Parents of children who use medical marijuana would have been allowed to possess, purchase, and produce marijuana to alleviate their child's medical condition.[1]

The amendment would have authorized the Nebraska State Legislature to develop laws, rules, and regulations to govern the state's medical-marijuana program. The amendment would have required that the laws, rules, and regulations be reasonable and not impose an undue burden on medical-marijuana patients' abilities as outlined in the previous paragraph.[1]

Lastly, the amendment stated that employers would not have been required to allow employees to work while impaired by marijuana, and insurance providers would not have been required to cover the use of marijuana.[1]

Text of measure

Ballot question

The ballot question for the initiative was as follows:[1]

Should the Nebraska Constitution be amended to: 1) Provide individuals the right to use, possess, access, purchase, and produce cannabis, cannabis products, and cannabis-related equipment for serious medical conditions, if recommended by a licensed physician or nurse practitioner, subject to certain exceptions and reasonable laws, rules, and regulations; and 2) Allow private entities and their agents operating in Nebraska to grow, cultivate, process, possess, transport, sell test, or transfer possession of cannabis, cannabis products, or cannabis-related equipment for sale or delivery to authorized individual users, subject to reasonable laws, rules, and regulations, including licensing?[5]

Object statement

The object statement for the initiative was as follows:[1]

The object of this petition is to amend the Nebraska Constitution to provide the right to use, possess, access, and safely produce cannabis, and cannabis products and materials, for serious medical conditions as recommended by a physician or nurse practitioner.[5]

Constitutional changes

See also: Nebraska Constitution

The ballot measure would have added Article XIX to the Nebraska Constitution. The following underlined text would be added:[1]

Note: Hover over the text and scroll to see the full text.

(1) An individual who is eighteen years of age or older, if recommended by a licensed physician or nurse practitioner, has the right to use, possess, access, purchase, and safely and discreetly produce an adequate supply of cannabis, cannabis products, and cannabis-related equipment to alleviate a serious medical condition. Such individual may be assisted by a caregiver in exercising these rights.

(2) An individual who is under eighteen years of age, if recommended by a licensed physician or nurse practitioner and with the permission of a parent or legal guardian with responsibility for health care decisions of such individual, has the right to use cannabis, cannabis products, and cannabis-related equipment to alleviate a serious medical condition. Such individual may be assisted by a parent, legal guardian, or caregiver, who may possess, access, purchase, and safely and discreetly produce an adequate supply of cannabis, cannabis products, and cannabis-related equipment on behalf of the individual.

(3) The rights protected in subsections (1) and (2) of this section include the right to access or purchase cannabis, cannabis products, and cannabis-related equipment from private entities. Private entities and agents operating on the entities’ behalf in the State of Nebraska may grow, cultivate, process, possess, transport, sell, test, or transfer possession of cannabis, cannabis products, and cannabis-related equipment for sale or delivery to an individual authorized to use cannabis under subsection (1) or (2) of this section.

(4) Individuals or entities engaged in actions allowed by, or exercising rights protected by this section shall not be subject to arrest, prosecution, or civil or criminal penalties under state or local law, except that reasonable penalties may be imposed for any violation of reasonable laws, rules, and regulations enacted pursuant to subsection (5) of this section.

(5) (a) The rights protected in this section shall only be subject to reasonable laws, rules, and regulations that promote the health and safety of individuals authorized to use cannabis as provided in this section; ensure continued access by such individuals to the type and quantity of cannabis, cannabis products, and cannabis-related equipment they need; and prevent unlawful diversion of cannabis. Such laws, rules, or regulations shall not impose an undue burden on the exercise of rights protected by this section.

(b) This subsection shall not prevent the expeditious licensing and reasonable regulation of entities and agents acting under subsection (3) of this section Such regulation and licensing shall not impose an undue burden on the ability of individuals authorized to use cannabis as provided in this section to access the type and quantity of cannabis,cannabis products, and cannabis-related equipment they need.

(6) This section shall not be construed to: (a) Allow the smoking of cannabis in public; (b) Require detention or correctional facilities to allow the possession or use of cannabis in such facilities; (c) Allow the operation of a motor vehicle while impaired by cannabis; or (d) Otherwise allow engaging in conduct that would be negligent to undertake while impaired by cannabis.

(7) This section does not require an employer to allow an employee to work while impaired by cannabis.

(8) This section does not require any insurance provider to provide insurance coverage for the use of cannabis.

(9) For purposes of this section, cannabis means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin.[5]

Support

Nebraskans for Medical Marijuana led the campaign in support of the ballot initiative.[2]

Supporters

Officials

Organizations


Arguments

  • Nebraska State Senator Adam Morfeld (D): "We are quickly being surrounded by states that have sensible laws on medical marijuana, and we do not. A lot of Nebraskans are looking to other states—to Utah and Missouri—and saying, ‘Wow, these are also conservative states and they have much more reasonable policies about this than we do.'"
  • Tommy Garrett, a former Nebraska state senator and president of Adopt a Decrease in Oppressive Property Taxes (ADOPT): "We support the ballot initiative because it will improve health outcomes for citizens across the state, while also raising millions of dollars in revenue and economic growth. ... This new economic growth and revenue to our communities could be used to fund roads and bridges, support education and reduce taxes. Once the ballot measure passes, we will work with the Nebraska Legislature to ensure the positive economic impact from medical cannabis will help reduce excessive property taxes."


Opposition

Opponents

Officials


Arguments

  • Nebraska Governor Pete Ricketts (R): "There is no such thing as medical marijuana. This is not something that would be prescribed by a doctor. It’s not going to be distributed through a pharmacy. These are dispensaries that would be in your communities. ... This is not a benign thing. This is a dangerous thing."


Campaign finance

See also: Campaign finance requirements for Nebraska ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through July 27, 2020. The deadline for the next scheduled reports was October 5, 2020.


Two political action committees were registered in support of the Nebraska Medical Marijuana Initiative. Nebraska Families for Medical Cannabis raised a total of $14,609.38 in contributions. Nebraskans for Medical Marijuana raised a total of $1.7 million in cash and in-kind contributions. Ballotpedia has not identified any committees registered in opposition to the initiative.[3]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $471,673.87 $1,277,021.25 $1,748,695.12 $435,911.50 $1,712,932.75
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $471,673.87 $1,277,021.25 $1,748,695.12 $435,911.50 $1,712,932.75

Support

The following were contribution and expenditure totals for the committee in support of the initiative.[3]

Committees in support of Nebraska Medical Marijuana Initiative (2020)
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Nebraskans for Medical Marijuana $457,064.49 $1,277,021.25 $1,734,085.74 $435,911.50 $1,712,932.75
Nebraska Families for Medical Cannabis $14,609.38 $0.00 $14,609.38 $0.00 $0.00
Total $471,673.87 $1,277,021.25 $1,748,695.12 $435,911.50 $1,712,932.75

Donors

The following is a list of the top donors that contributed to the support committees:[3]

Donor Cash Contributions In-Kind Contributions Total Contributions
Heartland Strategy Group $0.00 $1,225,947.00 $1,225,947.00
Sozo Companies $300,000.00 $0.00 $300,000.00
AGMED $50,000.00 $0.00 $50,000.00
Marijuana Policy Project $0.00 $46,159.23 $46,159.23
New Approach PAC $29,000.00 $0.00 $29,000.00

Opposition

Ballotpedia did not identify committees registered in opposition to the initiative.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background


Marijuana-related ballot measures

Cannabis sativa leaf.png
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.[6]

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.[7]

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."[8]

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."[9][10]

As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law.

Medical marijuana in the United States

See also: Medical marijuana and History of marijuana ballot measures and laws

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.[11] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.[12] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [13]

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.[14] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.[15]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.[16] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.[15]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.[17]

Marijuana laws ballot measuresin 2020

See also: 2020 marijuana legalization and marijuana-related ballot measures

State ballot measures

The following is a list of marijuana-related statewide ballot measures that were on the ballot in 2020:

Ballot Measure:Outcome:
Mississippi Initiative 65 and Alternative 65A: Medical Marijuana AmendmentOverturnedot
New Jersey Public Question 1: Marijuana Legalization AmendmentApproveda
Arizona Proposition 207: Marijuana Legalization InitiativeApproveda
South Dakota Initiated Measure 26: Medical Marijuana InitiativeApproveda
South Dakota Constitutional Amendment A: Marijuana Legalization InitiativeApproveda/Overturnedot
Montana CI-118: Allow for a Legal Age for Marijuana AmendmentApproveda
Montana I-190: Marijuana Legalization InitiativeApproveda


Path to the ballot

See also: Laws governing the initiative process in Nebraska

Process in Nebraska

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 2020 ballot:

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.

Cost of signature collection:
Sponsors of the measure hired Heartland Strategy Group and Red State Strategies to collect signatures for the petition to qualify this measure for the ballot. A total of $2,155,385.09 was spent to collect the 122,274 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $17.63.

Stages of this initiative

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  • On February 5, 2019, Sen. Adam Morfeld (D-46), Sen. Anna Wishart (D-27), and the campaign Nebraskans for Medical Marijuana filed the ballot initiative.[1] On March 1, 2019, the state department approved the petition's language, which allowed proponents to begin collecting signatures.[19]
  • On March 19, 2020, Nebraskans for Medical Marijuana officially suspended volunteer and paid signature-gathering efforts. In the announcement, the campaign said, "Out of an abundance of caution and following the wider recommendations from public health officials, we are going to pause our volunteer and paid signature-gathering efforts within local community gathering places until the state indicates it is responsible to continue."[20]
  • On May 14, 2020, Nebraskans for Medical Marijuana announced that they would be resuming their signature drive with added safety precautions, such as wearing personal protective equipment and offering hand sanitizer to supporters.[21]
  • On July 2, 2020, Nebraskans for Medical Marijuana announced that it submitted 182,000 unverified signatures to the Nebraska Secretary of State. State Senator Anna Wishart (D), co-chair of the Nebraskans for Medical Marijuana campaign committee, said, "Families with loved ones suffering from conditions like epilepsy, PTSD, and cancer have fought for years to make medical cannabis safely accessible. Today represents a huge step forward for thousands of Nebraskans who deserve compassion. We are confident that we’ve met the requirements for ballot qualification, and after seeing the outpouring of support for our petition, we’re even more confident that Nebraska’s voters will approve this initiative in November."[22]
    • According to the July 2020 voter registration report, there were a total of 1,222,741 registered voters in Nebraska at the time of the state's signature deadline. This means that a total of 122,274 valid signatures were required to qualify this initiative for the ballot.[23]
  • On August 26, 2020, Mark Fahleson submitted a letter to Nebraska Secretary of State Bob Evnen (R) on behalf of several Nebraskan residents objecting to the ballot language used in the initiative. The letter argued that the initiative violated the state's single-subject rule because it would allow individuals with serious medical conditions to use marijuana, would allow private entities to provide marijuana for medical use, and would treat those 18 years or older differently than those 18 years and younger. The objectors argue that there is "no natural and necessary connection" between the provisions. The letter also argues that the initiative "creates confusion and serious doubt regarding the exact nature of the actions that a vote cast in favor of the amendment would authorize."[24]
  • On August 26, Nebraskans for Medical Marijuana reported that state officials had verified a sufficient number of signatures.[25]
  • On August 27, the secretary of state verified that 135,055 signatures were valid and that 48 out of 93 counties had at least 5% of registered voters sign the petition. The signature validity rate for the petition was approximately 74.2%.[26][27]

State ex rel. Wagner v. Evnen

  
Lawsuit overview
Issue: Whether the ballot initiative violates the state's single-subject rule
Court: Nebraska Supreme Court
Ruling: Ruled in favor of the plaintiff and removed from the November ballot
Plaintiff(s): Lancaster County Sheriff Terry WagnerDefendant(s): Nebraska Secretary of State Bob Evnen (R)
Plaintiff argument:
The initiative's provisions violate the single-subject rule and would mislead voters on its actual effect.
Defendant argument:
The initiative does not violate the single-subject rule because the right to medical marijuana necessitates the authorization of private entities to produce and sell it.

  Source: KETV-Omaha

Lancaster County Sheriff Terry Wagner filed the lawsuit on August 28, 2020. The lawsuit includes the original objections made in the letter submitted by Mark Fahleson, Wagner's lawyer, to the secretary of state. The letter argued that the ballot language violated the state’s single-subject rule that requires ballot initiatives to address a single issue or subject. Fahleson argued that the right to use marijuana to treat serious medical conditions is not necessarily connected to the right of providers to produce marijuana. Fahleson also argued that the initiative’s provision that allows individuals to personally grow marijuana violates the medicinal purposes of the initiative. Fahleson also objected to the amendment’s use of “serious medical condition” because it did not define the term and would be misleading to voters.[28]

Nebraska State Senator Adam Morfeld (D), a co-chair for Nebraskans for Medical Marijuana, said he was confident the Nebraska Supreme Court would uphold the ballot initiative certification. He said, "We actually drafted the language based on previous precedent and the constitutional language that's required for ballot initiatives."[29]

On September 10, 2020, the Nebraska Supreme Court removed the initiative from the November ballot. The Court argued that the initiative violated the single-subject rule because it provided a constitutional property right to grow and sell marijuana and authorized other policies that would regulate the use of medical marijuana that did not naturally connect to the general purpose of a constitutional right to use medical marijuana for individuals with serious medical conditions. Justices Jonathan Papik and Lindsey Miller-Lerman dissented arguing the initiative did not violate the single-subject rule. The majority opinion said, "As proposed, the [initiative] contains more than one subject--by our count, it contains at least eight subjects. In addition to enshrining in our constitution a right of certain persons to produce and medicinally use cannabis under subsections (1) and (2), in subsections (3) and (4), the [initiative] would enshrine a right and immunity for entities to grow and sell cannabis; and in subsections (6), (7), and (8), it would regulate the role of cannabis in at least six areas of public life. These secondary purposes are not naturally and necessarily connected to the [initiative’s] primary purpose."[30][31]

To learn more about how the coronavirus pandemic impacted ballot measure campaigns, see the following: Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020-2022

How to cast a vote

See also: Voting in Nebraska

Click "Show" to learn more about voter registration, identification requirements, and poll times in Nebraska.

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Nebraska Secretary of State, "Medical Marijuana Petition," February 5, 2019
  2. 2.0 2.1 Nebraskans for Medical Marijuana, "Home," accessed August 21, 2019
  3. 3.0 3.1 3.2 3.3 Nebraska Accountability and Disclosure Committee, "Campaign Finance Search," accessed November 5, 2019
  4. 3 News Now, "Gov. Ricketts: 'There is no such thing as medical marijuana'," August 31, 2020
  5. 5.0 5.1 5.2 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
  6. Nebraska Department of Agriculture, "Legislative Bill 657," accessed September 2, 2020
  7. Perkins Coie, "What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?" accessed February 5, 2020
  8. WhiteHouse.gov, "Office of National Drug Control Policy: Marijuana," accessed January 1, 2020
  9. U.S. Department of Justice, "Guidance Regarding Marijuana Enforcement," August 29, 2013
  10. The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
  11. This count excludes states that permitted both the use of cannabis oil and medical marijuana.
  12. CBD School, "CBD Laws by State 2020 - Just the Facts (is CBD legal in 2020?)," accessed February 28, 2020
  13. Idaho Office of Drug Policy, "Cannabidiol (CBD)," accessed February 28, 2020
  14. South Dakota Legislature official website, "2019 Senate Bill 22 - Enrolled," accessed February 28, 2020
  15. 15.0 15.1 Argus Leader, "Is CBD oil illegal? Confusion reigns over South Dakota's law," April 19, 2019
  16. South Dakota Attorney General official website, "Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil," March 25, 2019
  17. Argus Leader, "Industrial hemp becomes legal in South Dakota after Noem signs bill," March 27, 2020
  18. This requirement is approximate. Since the Nebraska signature requirement is based on the number of registered voters at the time of filing, it can vary slightly.
  19. Marijuana Moment, "Nebraska Medical Marijuana Ballot Measure Cleared For Signature Gathering," March 2, 2019
  20. Marijuana Moment, "Nebraska Medical Marijuana Campaign Suspended Due To Coronavirus," March 20, 2020
  21. Facebook, "Nebraskans for Medical Marijuana post," May 14, 2020
  22. 1011now.com, "Signatures to be submitted for Medical Marijuana Ballot Initiative," July 2, 2020
  23. Nebraska Secretary of State, "VR Statistics Count Report," July 1, 2020
  24. Rembolt Law Firm, "Request to Enforce Nebraska Election Law Regarding Legally Insufficient Proposed Ballot Measure (Medical Marijuana)," August 26, 2020
  25. Facebook, "Nebraskans for Medical Marijuana," August 26, 2020
  26. Lincoln Journal Star, "Medical marijuana certified for inclusion on Nebraska's general election ballot," August 27, 2020
  27. Nebraska Secretary of State, "Initiative Determination Letter," August 28, 2020
  28. Marijuana Moment, "Sheriff Files Lawsuit To Keep Medical Marijuana Off Nebraska’s Ballot," August 30, 2020
  29. KETV-Omaha, "Lawsuit filed claiming proposed amendment to legalize medical marijuana is unconstitutional," August 29, 2020
  30. Lincoln Journal-Star, "Nebraska Supreme Court bars medical marijuana question from November ballot," September 10, 2020
  31. Nebraska Supreme Court, State ex rel. Wagner v. Evnen, September 11, 2020
  32. Nebraska Statutes, "Section 32-908," accessed April 18, 2023
  33. Nebraska Secretary of State, “Nebraska Voter Registration Background,” accessed April 18, 2023
  34. Nebraska Secretary of State, “Felon Voting Rights FAQ,” accessed April 18, 2023
  35. 35.0 35.1 Nebraska Secretary of State, “Voter Information Frequently Asked Questions,” accessed April 18, 2023
  36. Nebraska Secretary of State, “Online Voter Registration Frequently Asked Questions,” accessed April 18, 2023
  37. 37.0 37.1 NCSL, "State Profiles: Elections," accessed August 28, 2024
  38. Omaha World-Herald, “Online voter registration is coming to Nebraska,” September 5, 2015
  39. Nebraska Secretary of State’s Official Voter Registration Application," accessed November 1, 2024
  40. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  41. Nebraska Secretary of State, "Full text," accessed June 8, 2023
  42. Nebraska Secretary of State, "Election Day FAQ," accessed June 8, 2023