Tag: nebraska

Nebraska Judge Rejects Officials’ Move To Amend Medical Marijuana Ballot Challenges She Has Already Dismissed

A Lancaster County District Court judge has overruled two final attempts to amend legal challenges against Nebraska’s two medical cannabis petitions.

In a five-page order Thursday morning, District Judge Susan Strong denied requests from John Kuehn (R), a former state senator and former State Board of Health member who brought the initial lawsuit, and Nebraska Secretary of State Bob Evnen (R) to amend their complaints.

Strong said the amendments would not affect the outcome of the lawsuit that she had already dismissed last week, and for which she had already anticipated the legal arguments.

The dismissal upheld the ballot certification of two measures from the Nebraskans for Medical Marijuana campaign to legalize and regulate the drug. Voters passed the two measures, and state constitutional officers certified those election results Monday, including Evnen and Attorney General Mike Hilgers (R), whose office defended Evnen in the Kuehn-led lawsuit.

The medical cannabis laws to legalize and regulate the drug are set to take effect by December 12.

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Nebraska AG Prepares To Ask Supreme Court To Overturn Voter-Approved Medical Marijuana Measures

The Nebraska Attorney General’s Office filed a second “amended cross-claim” Friday on behalf of Secretary of State Bob Evnen (R) in a lawsuit against two successful medical cannabis measures.

The brief formally adds allegations of circulator fraud and widespread malfeasance to Evnen’s complaint. However, Lancaster County District Judge Susan Strong anticipated those arguments already last Tuesday when she dismissed the case and ruled in favor of the ballot sponsors behind Nebraskans for Medical Marijuana.

The AG’s Office has not formally filed an appeal to the Nebraska Supreme Court, but Attorney General Mike Hilgers (R) told the Nebraska Examiner on Monday that his office was “taking advantage” of court rules that allow a party to formally amend a cross-claim, even after a verdict, to conform to the evidence presented at trial.

“It’s just a post-trial motion,” Hilgers said Monday. “We want to make sure our case is fully prepared for an appeal.”

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Nebraska Judge Dismisses Legal Challenges To Voter-Approved Medical Marijuana Measures

A Lancaster County District Court judge has dismissed major legal challenges against Nebraska’s two medical cannabis petitions, although the ruling is likely to be appealed.

District Judge Susan Strong, in a 57-page order Tuesday afternoon, said the “case was about numbers.” However, the lawsuit brought by John Kuehn, a former Republican state senator and former State Board of Health member, and aided by Nebraska Secretary of State Bob Evnen (R) and the Nebraska Attorney General’s Office fell “well short” of invalidating enough petition signatures secured for ballot access by this summer, Strong concluded.

The Nebraskans for Medical Marijuana campaign had two measures on the ballot, one to legalize medical cannabis and the other to regulate it. The campaign needed 86,499 valid signatures on each petition.

When Evnen certified the measures for the November ballot, he said they both exceeded that number by almost 3,500.

Strong ruled Tuesday that the “presumption of validity” was lost for 711 signatures on the legalization petition and 826 on the regulatory petition.

“In a record of this size, it is likely, perhaps inevitable, that the Court has made some mathematical errors,” Strong wrote. “It is also possible that the Court missed a few petitions that should lose their presumption of validity under this Court’s reasoning.”

Strong cautioned that the judgment wasn’t based on the inclusion or exclusion of a few petitions and that, either way, Evnen and Kuehn “would still fall short” of challenged signatures.

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Nebraska Court Weighs Legal Challenge That Could Prevent Medical Marijuana Ballot Votes From Being Counted After Election

A Lancaster County District Court judge said Friday she intends to issue “narrowly” at the end of next week whether to dismiss a lawsuit seeking to invalidate Nebraska’s medical cannabis petitions.

Judge Susan Strong made the announcement during a 20-minute initial briefing on the lawsuit filed by John Kuehn, a veterinarian, rancher, former state senator and former member of the Nebraska State Board of Health. The lawsuit seeks to either remove the two certified marijuana measures from the November 5 ballot or prevent counting of votes and void the election results.

“Hopefully we can all work together and resolve these claims as expeditiously as possible, hopefully before the election, though I understand we don’t have to,” Strong said at the initial hearing. “I think that would be the best course.”

Under state law, challenges to ballot measures can come before or after the election at issue, but Strong and attorneys for Secretary of State Bob Evnen (R) and Kuehn said they were inclined to move quickly so voters know the impact before November’s election.

Attorneys for Evnen and the campaign sponsors each asked for all or part of the lawsuit to be dismissed. The sponsors’ attorneys derided the lawsuit as the “equivalent of a recount.”

Kuehn alleges too many invalid signatures

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Nebraska Attorney General Announces Crackdown On Illegal THC Product Sales

Saying he was stepping up Nebraska’s fight against “mislabeled” and “dangerous” delta-8 products, Attorney General Mike Hilgers (R) on Wednesday announced the start of citywide crackdowns on retailers who sell the items.

He said that while his escalated effort started in Norfolk, other cities should expect similar blanket investigations.

“We are ramping up our efforts to clean up Nebraska,” Hilgers said. “For the first time, we have sued every store in a community. The stores are misleading Nebraskans.”

Four new lawsuits

Flanked at a media event by U.S. Rep. Mike Flood (R-NE) of Norfolk, Hilgers told reporters of four new lawsuits covering five Norfolk stores. Filed Wednesday in Madison County District Court, they allege violations of the Consumer Protection Act, Uniform Deceptive Trade Practices Act and Nebraska’s Pure Food Act.

The latest suits joined legal actions filed since last year against a dozen other vape shops and businesses across the state. Some cases have been settled, with retailers agreeing not to sell prohibited hemp products that contain or have been modified with synthetic THC.

THC is the compound in the cannabis plant most commonly associated with getting a person high. Some of the THC-containing products in question were packaged and made to look like candy and snacks.

A spokesperson for two of the Norfolk stores said, however, they were unaware there was any problem with the products they buy from a wholesaler distributor.

Tiffany Colsden, general manager of NP Mart stores in Norfolk, said her team learned of the investigation Wednesday, when a reporter came knocking.

By noon, she said, the two stores had pulled the items in question off the shelves.

“All they had to do was tell us,” Colsden said. “If Nebraska doesn’t want us to sell it, we won’t. It’s that simple.”

She described NP Mart, which has two locations in Norfolk, as a convenience store that sells gas.

Lawsuits also were filed against Smokin’ Deals, Smokes R. Less and Vapor Hutt.

A person at Smokes R. Less hung up the phone when a reporter called.

Vapor Hutt officials could not be reached.

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One More Whopper: Tim Walz Falsely Claimed He Was Named ‘Outstanding Young Nebraskan’ by the Nebraska Chamber of Commerce

Kamala Harris’ vice presidential running mate Minnesota Governor Tim Walz (D) was caught in another misrepresentation during his 2006 run for Congress, Alpha News reported Friday.

Walz, who was born and raised in Nebraska and enlisted in the Nebraska National Guard at seventeen, falsely claimed he had been named “Outstanding Young Nebraskan” by the Nebraska Chamber of Congress. After the chamber’s president sent a scathing letter to the Walz campaign a few days before the 2006 election, the campaign blamed a typographical error and claimed the award actually came from the Nebraska Junior Chamber of Commerce:

Alpha News excerpt:

In early 2006, when Walz ran for the U.S. House of Representatives, his campaign website stated that he had received an award from the Nebraska Chamber of Commerce for his contributions to the business community. This claim was refuted by Barry L. Kennedy, then-president of the Nebraska Chamber of Commerce, who confirmed in a letter that Walz had never been the recipient of any such award.

“We researched this matter and can confirm that you have not been the recipient of any award from the Nebraska Chamber of Commerce,” Kennedy wrote in the letter, a copy of which was obtained by Alpha News.

Kennedy then requested that Walz remove the inaccurate claim.

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Nebraska Bill To Levy 30% Tax On Consumable Hemp Products Advances Out Of Committee

A legislative committee in Nebraska has advanced a sweeping tax bill that would, among other changes, impose a 30 percent sales tax on “consumable hemp” and CBD products. The proposal, broadly aimed at providing property tax relief, will now be considered by the full legislature.

On Monday, lawmakers on the Revenue Committee passed the bill, LB 34, on a 6–1 vote. The tax package combines various proposals that have been introduced during the state’s special legislative session, called by Gov. Jim Pillen (R) last month to deal with the property tax issue.

As approved by the committee, the bill would set a 30 percent sales tax on “consumable hemp products,” defined as finished products that contain hemp and that contain no more than 0.3 percent THC. Hemp products made from stalks or seed—that is, for fiber or food use—would not be included in the definition, nor would pharmaceuticals approved by the federal Food and Drug Administration (FDA).

Revenue Committee chair Sen. Lou Ann Linehan (R), who has played a central role in the tax discussion, first introduced the 30 percent hemp tax two weeks ago, in an earlier bill she sponsored. A separate proposal she introduced during the regular legislative session would have taxed consumable hemp and CBD at 100 percent, a rate that was later reduced to 25 percent before the underlying bill fizzled out.

“The 100% tax was unworkable for CBD companies in our state. They were concerned it would drive them out of business,” Sen. Anna Wishart (D), who’s backed past efforts to end marijuana prohibition in the state, told Marijuana Moment in an email at the time. “In talking with representatives from a group of CBD companies in the state, I worked with them and other senators to negotiate the tax down to 25%.”

The rate is now at 30 percent in the bill moving to the floor.

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Nebraska Lawmakers Approve 100% Tax Rate For CBD And Hemp Products To Help Offset Property Taxes

A Nebraska legislative committee has given preliminary approval to a bill that would tax hemp and CBD products in the state at a whopping 100 percent rate.

The cannabis product tax hike is part of legislation designed to bring in more money to state coffers to offset property tax bills, according to an outline of the plan from Sen. Lou Ann Linehan (R), the legislation’s sponsor, that was posted by a Nebraska Public Media reporter.

The legislature’s Revenue Committee advanced the underlying measure, LB 388, on a 7–0 vote on Thursday, according to a report in the Nebraska Examiner. The state’s full unicameral legislature could take up the bill as soon as Tuesday.

“We are going to tax hemp and CBD at 100%,” Linehan’s document says, adding that, along with other reforms—including removing sales tax exemptions on soda, candy, pet services, advertising revenue over $1 billion and lottery tickets—the change is estimated to bring in $182 million in new revenue for the state.

The changes are not currently reflected in the bill’s language as available online, nor has any relevant amendment been posted to the bill page. Linehan, who also chairs the panel that approved the measure this week, did not immediately respond to emailed questions from Marijuana Moment.

Adam Morfeld, a former Nebraska state senator who co-chairs the advocacy group Nebraskans for Medical Marijuana, reacted to the proposal with shock.

“The Legislature is going to tax hemp and CBD at 100 percent!??” he posted on social media.

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Mormon church now owns $2BILLION of US farmland, with more acreage than Bill Gates and China combined: Huge land grabs in Nebraska and Florida spark backlash from local farmers

The Mormon church has sparked a fierce backlash from local farmers after snapping up around 370,000 acres of prime ranch land in Nebraska, with the Utah-based religion now owning at least $2billion of agricultural terrain across the country, DailyMail.com can reveal.

The Church of Jesus Christ of Latter-day Saints (LDS), commonly known as the Mormon church, has bought more land than anyone else in the state over the past five years, according to The Flatwater Free Press.

It now owns an estimated $134million worth of agricultural land in Nebraska and is on track to surpass CNN founder Ted Turner as the single largest landowner in the state if it continues its spree at the current rate.

But the church has provoked the ire of the Nebraska Farmers Union, whose president John Hansen told DailyMail.com that its land grab was driving up prices and forcing out local farmers.

‘It’s not fair competition when folks bring in that much outside money and bid against local farmers and ranchers,’ he said.

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Georgia fired a state trooper for his conduct. Now he leads Seward County’s Homeland Security task force.

The Seward County Homeland Security task force, sometimes using the controversial practice of civil asset forfeiture, seized $11.8 million from Interstate 80 drivers through civil and criminal forfeiture in its first 32 months.

The Seward-based head of that law enforcement task force trains and supervises officers – despite being barred from becoming a Nebraska police officer himself.

Blake Swicord was fired as a state trooper in Georgia after selling guns to a pardoned felon and allegedly sending sexually explicit texts and photos from his police-issued phone. Swicord, who claims he was wrongfully terminated, then was arrested on suspicion of battery following an alleged domestic violence incident with his then-girlfriend.

The Nebraska agency in charge of law enforcement training has twice denied Swicord admission, saying he didn’t meet the good character requirement for entry. That agency said Swicord failed to disclose his arrest or his firing on his application, as first reported by the Lincoln Journal Star. On Friday, the Nebraska Supreme Court dismissed his latest appeal.

Homeland Security officials told the Flatwater Free Press this week that they had no knowledge of Swicord’s previous dismissal or arrest when he was first placed into a Homeland Security role in 2019. They said they learned of Swicord’s troubles in April 2021, when an assistant U.S. attorney told the agency that the Nebraska Supreme Court had denied Swicord’s first appeal in his quest for police certification.

Swicord will remain in his job as task force coordinator as he continues his legal battle, Seward County Sheriff Mike Vance told a reporter during Tuesday’s Seward County Board meeting.

Vance has previously said he would have to let Swicord go if he can’t become a Nebraska police officer. Vance and dozens of Swicord’s colleagues have praised the 27-year police veteran for his leadership, interdiction skills and professionalism.

“Since his employment with my agency, Mr. Swicord has shown nothing but the upmost integrity and professionalism,” Vance wrote supporting Swicord in 2019. “After conducting this extensive background check I feel very sure that Mr. Swicord is a man of integrity and very honest at all times.”

The Police Standards Advisory Council, which oversees law enforcement certification in Nebraska, has acknowledged Swicord’s qualifications. It also ruled twice that he can’t go through training to become a Nebraska police officer.

“His actions in the application process demonstrate to this body that the petitioner cannot be considered to be a person who can be characterized as being truthful, honest or trustworthy,” the council wrote in its 2019 decision.

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