Nebraska Voters Decriminalize Medical Marijuana

Author: Robert S. Teachout, Brightmine Legal Editor

November 7, 2024

Nebraska employers may need to revise workplace drug policies following voter approval of a ballot initiative decriminalizing the use of medical marijuana. However, the ballot measure is currently facing a court challenge.

Nebraska Initiative 437, Medical Marijuana Legalization Initiative will enact a statute that makes penalties inapplicable under state and local law for the use, possession and acquisition of up to five ounces of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner. It was approved 71% - 29%, according to uncertified election returns.  

The validity of the ballot measure is being challenged in court right now, and a ruling is not expected to rule until later this month at the earliest, so it's unclear if the decriminalization of medical marijuana will become law. Opponents claim that at least 80,000 signatures on the initiative petitions are invalid.

Voters in Florida, North Dakota and South Dakota also weighed in on marijuana initiatives that would have legalized recreational marijuana. None passed.