Lincoln, NE: For the second time this month, members of the Nebraska Supreme Court rejected litigation that sought to invalidate the state’s voter-approved medical cannabis access law.
The Court’s ruling affirmed a lower court decision finding that the petitioner, former state Senator John Kuehn, lacked standing to challenge the law because he personally had not suffered any ‘injury’ from it. Kuehn had sought to argue that state officials cannot legally regulate medical cannabis because marijuana remains federally prohibited.
Days earlier, the Court had unanimously set aside a separate legal challenge. Kuehn was also a party to that litigation.
Though approved overwhelmingly by voters in 2024, regulators in 2025 enacted a series of new rules significantly amending the law – including prohibiting patients’ access to inhaled forms of cannabis, restricting patients from obtaining more than 5 grams of THC per single retail transaction in 90 days, and limiting the total number of available dispensaries statewide.
Nebraska’s medical cannabis access program is not yet operational.
The case is Kuehn v. Pillen. Additional information is available from Nebraskans for Medical Marijuana.