Nebraska Right to Cannabis Initiative (2018)
| Nebraska Right to Cannabis Initiative | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Marijuana | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The Nebraska Right to Cannabis Initiative did not qualify for the ballot in Nebraska as an initiated constitutional amendment on November 6, 2018.
The measure was designed to create a constitutional right for persons age 21 or older to possess, consume, manufacture, and distribute any species of plant in the genus Cannabis for personal or commercial purposes. The measure would have also allowed persons under the age of 21 to possess and consume marijuana for medical purposes with the written permission of a guardian and a written recommendation of a licensed healthcare provider.[1]
Text of measure
Constitutional changes
- See also: Article XV, Nebraska Constitution
The measure would have added a Section 26 to Article XV of the Nebraska Constitution:[1]
Note: Hover over the text and scroll to see the full text.
(2) The right to use any plant in the genus Cannabis and any of the parts of such plant shall include, but not limited to, (a) noncommercial personal possession, consumption, manufacture, and distribution by persons twenty one and older, (b) commercial possession, consumption, manufacture, and distribution, and (c) noncommercial personal possession and consumption by a person under twenty-one years of age with written permission from a parent or legal guardian and a written recommendation from a licensed health care practitioner.
(3) Any law that interferes with the application of this section shall be considered null and void. Nothing in this section shall allow a person to engage in conduct that endangers others.
(4) If any portion, clause, or phrase of this section is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect.[2]
Developments in federal marijuana policy
- See also: Federal policy on marijuana, 2017-2018
Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[3][4]
Path to the ballot
In order to qualify a citizen initiated statute for the ballot, supporters were required to collect valid signatures totaling a minimum of 10 percent of registered voters on the day that signatures were filed. Signatures were due four months prior to the election on November 6, 2018, which was around July 6, 2018. No signatures were filed by the deadline.
See also
Footnotes
- ↑ 1.0 1.1 Nebraska Secretary of State, "Initiative Petition," August 31, 2016
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Forbes, "Sessions: Obama Marijuana Policy Remains In Effect," November 14, 2017
- ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
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