Nebraska AG Preparing to Appeal Medical Cannabis Lawsuit’s Dismissal

The office of Nebraska Attorney General Mike Hilgers (R) appears to be setting up an appeal after amending the cross-claims in a recent lawsuit against two successful medical cannabis ballot initiatives to include new allegations of fraud and widespread malfeasance, the Nebraska Examiner reports.

The initiatives together sought to enact sweeping medical cannabis reforms and voters in the state easily passed both measures — one to legalize access to medical cannabis by qualified patients, and the other to establish a regulated medical cannabis marketplace.

The suit, filed on behalf of Secretary of State Bob Evnen, was already dismissed last week by Lancaster County District Judge Susan Strong but AG Hilgers told the Examiner his office was using court rules that allow the state to amend the cross-claims in a case, even after a verdict or case dismissal, to match evidence presented at trial.

“It’s just a post-trial motion. We want to make sure our case is fully prepared for an appeal.” — Hilgers, via the Nebraska Examiner

The lawsuit seeks to overturn the voter-approved initiatives over suspicions that the campaign’s signature-gathering process had been conducted illegally.

During court last week, Judge Strong noted that the plaintiffs’ accusations would only invalidate

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