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Lawsuit against Nebraska medical cannabis extended to regulatory board, state agencies • Nebraska Examiner

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Lawsuit against Nebraska medical cannabis extended to regulatory board, state agencies • Nebraska Examiner


LINCOLN — The targets of a legal effort arguing that Nebraska’s voter-initiated legalization of medical cannabis is federally unconstitutional have been expanded to include a new regulatory commission, the state treasurer and two state agencies.

Attorneys for John Kuehn, a former state senator, a former member of the State Board of Health and a longtime marijuana opponent, amended his December lawsuit on Friday to include broader swaths of state government overseeing implementation of the new medical cannabis laws.

The lawsuit first targeted Gov. Jim Pillen and Secretary of State Bob Evnen for allowing the measures to go into law, as well as the three ballot sponsors of the effort.

The Nebraska Board of State Canvassers meets to certify the November 2024 general election results on Dec. 2, 2024. From left: State Auditor Mike Foley, Secretary of State Bob Evnen, Gov. Jim Pillen, Attorney General Mike Hilgers and State Treasurer Tom Briese. (Zach Wendling/Nebraska Examiner)

The amended complaint now adds:

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  • The three commissioners of the Nebraska Liquor Control Commission, who, by virtue of the voter initiatives, will compose a new Nebraska Medical Cannabis Commission.
  • State Treasurer Tom Briese and Tax Commissioner Jim Kamm of the Nebraska Department of Revenue, who will oversee the new collection of sales taxes on medical cannabis. 
  • CEO Steve Corsi of the Nebraska Department of Health and Human Services, whose department handles oversight of medical practitioners.

“In November 2024, taxpayers paid for two statewide votes which together sought to obtain an objective that was unconstitutional, unlawful and impossible: the legalization of the manufacturing, dispensing, and profiting from marijuana products for so-called medical purposes,” the amended complaint states.

Initiative Measure 437, to legalize up to 5 ounces of medical marijuana with a doctor’s written recommendation, passed with 71% of voter support. Initiative Measure 438, to create the state regulatory commission, passed with 67% voter approval.

Laws took effect Dec. 12

Kuehn’s lawsuit argues that the “activist-drafted initiative measures,” whose sponsors include two of Kuehn’s former colleagues in the Legislature, had evaded any judicial review by the time of the vote.

This is the second complaint from Kuehn. His first is being appealed to the Nebraska Supreme Court. Lancaster County District Judge Susan Strong in November rejected arguments that the measures were placed on the ballot illegally. A hearing on the appeal has not yet been scheduled.

Lancaster County District Judge Susan Strong presides over the first day of hearings in a case related to medical cannabis ballot petitions.
Lancaster County District Judge Susan Strong presides over the first day of hearings in a case related to medical cannabis ballot petitions. Sept. 20, 2024. (Zach Wendling/Nebraska Examiner)

Strong is presiding over Kuehn’s latest lawsuit. She was the same judge who rejected his last-minute attempt to block the measures from becoming law. The laws took effect Dec. 12.

Pillen and Attorney General Mike Hilgers have said “serious issues” remain whether the measures are legal under federal law or the Nebraska Constitution.

The core of Kuehn’s argument in the second case remains that no state can legalize marijuana because it remains listed as a federal Schedule I drug, which is defined as having no currently accepted medical use and having a high potential for abuse. Examples include heroin, ecstasy or LSD.

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The federal government has been in the process of changing the classification of marijuana to a Schedule III drug, defined as drugs with a moderate to low potential for abuse that can be accessed with a prescription. Examples include ketamine, anabolic steroids, testosterone and Tylenol with codeine.

Expanded constitutional argument

The new lawsuit argues that once the laws are fully implemented, the State Treasurer’s Office, Department of Revenue and Department of Health and Human Services would need to unconstitutionally expend public funds and employee time to carry out the laws.

The AG’s Office, which typically defends state officials in lawsuits, declined to comment. None of the new defendants had any immediate comment.

Briese and Kamm, the lawsuit alleges, would need to violate federal money laundering laws because marijuana would be subject to sales taxes, similar to over-the-counter drugs.

And Corsi’s department would need to investigate possible disciplinary complaints against health care practitioners who recommend cannabis to Nebraskans, the lawsuit alleges, to see whether the practitioners followed their scope of practice or professional conduct, which Kuehn argues includes following federal laws. DHHS also would need to expend taxpayer dollars to issue guidance for the measures.

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State Treasurer Tom Briese, right, and Nebraska Attorney General Mike Hilgers listen to testimony on the November 2024 general election before voting to certify the election results on Dec. 2, 2024. (Zach Wendling/Nebraska Examiner)

The Nebraska Medical Cannabis Commission — consisting of Commissioners Bruce Bailey, Harry Hoch, Jr., and Kim Lowe and up to two more members as appointed by Pillen — is required to develop regulations for allowing medical cannabis sales in the state.

By July 1, the new commission must establish criteria to accept or deny applications to license establishments to possess, manufacture, distribute, deliver or dispense medical marijuana. By Oct. 1, the commission must begin granting those registrations.

Until that time, it is illegal to purchase marijuana in Nebraska, and multiple advocates of the measures have expressed displeasure with many doctors refusing to recommend the drug. Advocates have argued the drug could help with seizures, chronic pain and other drug-resistant medical conditions.

The licensing framework is similar to that of the Liquor Control Commission. 

The delegation to the Medical Cannabis Commission is similar to voter-approved gambling initiatives in 2020, which created the Nebraska Gaming Commission. Lawmakers merged that group with the existing Nebraska Racing Commission in 2021.

Briese, a former lawmaker, oversaw legislative efforts to implement voters’ wishes of three gambling-related ballot initiatives as chair of the Legislature’s General Affairs Committee.

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Possible legislative tweaks coming

That legislative committee, now led by State Sen. Rick Holdcroft of Bellevue, is expected to consider any legislation to tweak the medical cannabis measures, if introduced this year.

No such proposals have been introduced so far. Bill introductions continue through Jan. 22.

“While we understand and support reasonable rules and regulations – we will NOT support legislative attempts to subvert the will of the people, such as interfering with a health care practitioner’s ability to make a recommendation for alleviation of a patient’s medical condition, its symptoms or side effects of the condition’s treatment,” the Nebraskans for Medical Marijuana campaign said Sunday in a statement.

Crista Eggers, right, statewide campaign manager of Nebraskans for Medical Marijuana, checks her phone as the final tally of collected signatures comes in for the campaign. To her right is State Sen. Anna Wishart and former State Sen. Adam Morfeld, both of Lincoln, who started the group in 2019. July 3, 2024. (Zach Wendling/Nebraska Examiner)

Kuehn’s attorneys argue that the delegation of legislative authority to the unelected medical cannabis commission effectively freezes out “all other legislative or executive efforts to ensure the public’s health, safety and welfare.”

On Thursday, Kuehn’s attorneys sent letters to the regulatory commission members, Briese and the state department directors demanding that they refuse to implement the laws. The move was similar to the December push urging that Pillen not issue proclamations making the measures law.

“No matter is of greater public concern than preventing the government from burdening the taxpayer with the administrative costs of violating federal law,” the amended lawsuit states.

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The public officials did not respond to the requests from Kuehn’s attorney based in Kansas City, Missouri.

10th Amendment of U.S. Constitution

Crista Eggers, one of three sponsors for the marijuana ballot measures, said in December that the assertion the laws violate the U.S. Constitution “disregards decades of state-led independence and innovation.”

“Under the 10th Amendment of the Constitution, states have the right to address the unique needs of their citizens without undue interference,” Eggers, the campaign manager, said then. “The campaign remains committed to defending Nebraska’s medical cannabis laws to ensure patients and families have access to the care they deserve.”

Nebraska became the 39th state to authorize some form of medical cannabis. Nearly every state has now legalized some form of cannabis or its derivatives. About two dozen states allow recreational marijuana sales and distribution.

kuehn-v-pillen-et-al-AMENDED-011025

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So Far, so Good for Huskers in the Transfer Portal

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So Far, so Good for Huskers in the Transfer Portal



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College Football’s 2026 transfer portal process is in its very early stages. Right now, we’re in the period where teams are losing players into the portal, while hosting visitors they hope to sign and bring in sometime in the next couple of weeks. So pretty much everyone is a net negative at this moment.

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With that being the case, the negative impact of the portal for Nebraska so far has been minimal…if you consider losing your former five-star, two-year starting quarterback minimal.

Dylan Raiola is the only Husker of real note to enter the portal thus far. Former starting kicker Tristan Alvano and legacy defensive lineman Maverick Noonan announced early, along with several others. The small number (13 so far) is a win. Several starters and reserve contributors have also confirmed they are staying put, while the reserve players who are leaving are presumably looking for a chance at more playing time and/or a slightly bigger payday. 

Next season will be the second year of college football under the NCAA mandated roster limit of 105. Teams will still be allowed to go slightly over that limit to accommodate returning players being “grandfather in.” This exception is for players who have been in their program prior to last season when the rule took effect. It allows them to exhaust their eligibility. Right now, Nebraska still has over 100 players on the roster, so depending on how many players stay and how many more they sign out of the portal, some level of roster reduction will still likely need to take place.

As for who head coach Matt Rhule and his staff are targeting, that list starts with now-former Notre Dame quarterback Kenny Minchey. Minchey lost out on the starting job for the Fighting Irish last preseason and played only sparingly 2025. He’s set to visit Lincoln soon.

With only TJ Lateef returning as a scholarship QB, Rhule will likely need to also bring in a second transfer portal signal caller for depth purposes. Nebraska has not signed a quarterback in it’s 2026 high school recruiting class.

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Also targeted and set to visit are several of the defensive players transferring from San Diego State, where new Husker Defensive Coordinator Rob Aurich coached last season. At the top of that list is All-Mountain West Linebacker Owen Chambliss. Chambliss racked up 110 tackles during his Aztec career, plus 9.5 tackles for loss that includes four sacks. He’ll have two years of eligibility remaining. Chambliss was one of six Aztecs to garner All-MW honors last season, and at least two of these former SDSU standouts are set to visit Aurich at his new job site.

Right now, the visitor list is extensive, which is a good thing for Rhule considering the players he’s chasing will all have multiple other offers. When his contract extension was announced back on October 30th, Rhule pointed out that he expected Nebraska to have a good deal more financial resources available to help lure transfers to Lincoln starting this off season. That time has arrived.

Mark Knudson Mark is a former MLB pitcher for the Houston Astros, Milwaukee Brewers and Colorado Rockies. He’s the only person ever to play high school, college and professional baseball in Colorado. Mark earned a BA in Technical Journalism from Colorado State University and has worked in radio, television and print sports media since 1994. He’s the co-author of “Pitching to the Corners” with former teammate Don August and the author of “Just Imagine,” a historical fiction novel about The Beatles.
Mark is currently a feature writer and columnist for Mile High Sports in Denver and recently joined the team at Heavy.com. Mark is also a high school baseball coach in the Denver area. More about Mark Knudson





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What to watch for in Las Vegas Bowl game between Utah and Nebraska

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What to watch for in Las Vegas Bowl game between Utah and Nebraska


The stage is set for Utah and Nebraska to go toe-to-toe in the 2025 Las Vegas Bowl.

The Utes (10-2, 7-2 Big 12) and Cornhuskers (7-5, 4-5 Big Ten) are set to kick off from Allegiant Stadium on Dec. 31 at 1:30 p.m. MT. Fans not making the trip to Las Vegas will be able to tune in via ESPN.

With several bowl game opt-outs and a significant head coaching change headlining the major storylines, here’s what to watch for when Utah and Nebraska take the field on New Year’s Eve.

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Morgan Scalley Takes The Wheel

Kyle Whittingham’s expedited takeover in Ann Arbor, Michigan, puts Utah’s longtime defensive coordinator, Morgan Scalley, at the helm of the Utes for the first time as the head coach.

Scalley was previously in charge of the Utah defense for 10 seasons, helping reaffirm the same principles Whittingham established when he was the team’s defensive coordinator; relentless, smart, tough and not prone to giving up a lot of points.

Since 2019, the Utes have held opponents to 15 points or fewer in 36 games, including seven times during the 2025 regular season. Scalley’s defense in 2025 ranked No. 5 in the Football Bowl Subdivision in passing efficiency defense, No. 15 in interceptions (14) and No. 16 in scoring defense, allowing just 18.7 points per game. Utah was No. 2 in the Big 12 in passing yards, allowing 177.5 per game.

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It’s safe to assume the transition to Scalley — a Salt Lake City native who’s been on the Utes’ sidelines in some capacity since 2007 — will be seamless for the most part, and that Utah’s defense will continue to be stout as it faces a Nebraska offense that’s being led by a true freshman making his fourth career start. How the Utes as a whole come out of the gate and their intensity and focus on both sides of the ball after the abrupt head coaching switch, will be worth monitoring, though.

Utah’s Bowl Game Opt-Outs

From the sidelines to the field itself, Utah will be without several key figures for its postseason game.

The offensive line, especially, won’t look the same, as both Spencer Fano and Caleb Lomu have opted out of the Las Vegas Bowl while declaring for the 2026 NFL Draft.

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It’ll be interesting to monitor how the Utes — who averaged the second-most rushing yards per game (269.8) in the Football Bowl Subdivision in the regular season — function without their two best offensive linemen bookending their front line against a Cornhuskers defense that allowed the third-highest yards per carry average in the Big Ten (4.8).

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According to reports, Keith Olsen and Zereoue Williams will fill in for Fano and Lomu along the offensive line. Olsen, a 6-foot-6 junior, started at right tackle for the Kansas game and has allowed one pressure and one hurry in 64 pass blocking opportunities this season, according to Pro Football Focus. Williams, a 6-foot-8 Arizona native, played in all 12 regular season, mainly at left tackle, and recorded 79 total snaps, including 59 on run plays.

As for the other side of the ball, Utah will be down without its main edge rushers in John Henry Daley and Logan Fano. Daley’s absence has been felt since his season-ending injury against Kansas State in November; Logan, meanwhile, recently announced with his brother that he’ll be entering the 2026 NFL Draft.

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Utah’s Offensive Play-Calling

First-year offensive coordinator Jason Beck has orchestrated the Utes offense to the tune of 41.1 points per game — the third time since 1930 that Utah averaged over 40 points per game — and 478.6 total yards of offense per game, ranking No. 6 in the Football Bowl Subdivision. He’s been creative, too; from wildcat packages, flea flickers, defensive players lined up at skill positions and designed run plays for both the starting and backup quarterback.

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A standalone postseason game to cap off the 2025 campaign will give Beck more opportunities to show what he’s got up his sleeves as a play-caller. And given his name has been attached to the list of assistants Whittingham will reportedly target to join him at Michigan, it’ll be interesting to see how Beck approaches what could be his final game as the Utes’ offensive coordinator.

Not to mention, Utah won’t have its top two tackles leading the way in the run game. If the Utes can’t move the ball with the same consistency they had in the regular season, it’ll be worth monitoring how Beck adjusts.

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Will Ryan Davis Play?

Utah’s top receiver wasn’t involved during the home finale against Kansas State and was ruled out for the Kansas game in the days leading up to kickoff. It’s unclear what sort of ailment Davis has been dealing with, though he’d certainly like to be on the field for what will likely be the final college football game of his career.

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Davis, a New Mexico transfer who began his career at UAB in 2019, led Utah with 659 receiving yards on 57 receptions, hauling in four touchdowns across 11 regular season appearances.

Nebraska Without Emmett Johnson

The Cornhuskers were middle of the pack in the Big Ten in rushing, averaging 144.7 yards per game during the regular season, due in large part to Emmett Johnson’s success on the ground. The 5-foot-11, 200-pound junior from Minnesota was named the Big Ten Running Back of the Year after totaling 1,451 rushing yards and 12 touchdowns, plus 46 catches for 370 yards and three more touchdowns. His 1,821 scrimmage yards ranked No. 2 in the country.

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The Utes won’t have to worry about trying to slow down Nebraska’s dynamic tailback, though, given he’s already declared for the 2026 NFL Draft.

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Utah struggled defending the run down the stretch of the regular season, giving up 275.3 rushing yards per game and yielded 7.1 yards per carry in November, including 472 yards on the ground to Kansas State on Nov. 22.

MORE UTAH NEWS & ANALYSIS



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Nebraska Looks for Answers at Linebacker

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Nebraska Looks for Answers at Linebacker


The Las Vegas Bowl offers a spotlight for Nebraska players looking to further cement themselves with the current coaching staff or showcase their abilities for future ones, potentially in the transfer portal.

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That makes the New Year’s Eve bowl game an important one for a variety of reasons, not the least of which is the Huskers having a chance to end the season on a strong note after back-to-back ugly losses to Penn State and Iowa to close the regular season.

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A lot of focus will be on Nebraska’s offense, as the Huskers have plenty of questions about how TJ Lateef plays with more lead time, how they replace All-American running back Emmett Johnson and what offensive coordinator Dana Holgorsen can cook up after an up-and-down season. But some of the most interesting players for the bowl game are on the defensive side, including freshman linebacker Dawson Merritt.

2025 stats

  • Eight tackles
  • One tackle for loss

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Linebacker Dawson Merritt should see a much bigger role in 2026. | Kenny Larabee, KLIN

What to know

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It isn’t a new feeling for Nebraska fans to be excited about seeing a true freshman linebacker get more opportunities in a bowl game. Just a year ago, Vincent Shavers was in the same spot Merritt is now and turned in a strong performance during the Pinstripe Bowl. Merritt has had plenty of time to get healthy and to learn more of what Rob Dvoracek wants. Could that put him in a position to play more in Las Vegas?

What’s at stake

Merritt could go a long way in helping fans and coaches feel better about a linebacker room that wasn’t Nebraska’s biggest problem, but was far from the level of play the Huskers received in Matt Rhule’s first two seasons.

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Merritt has shown himself to be an intriguing player who has flashed when he’s been in games, but clearly also needs more time and more reps to fully become the player he was recruited to be after the Huskers flipped him from Alabama last fall.

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Merritt’s bowl game and expected ascension make for an interesting picture at linebacker. The Huskers have to see what the portal holds, both in terms of linebackers leaving and the need to add veterans for depth, as players like Merritt, Christian Jones and others continue to grow and develop.

Spotlight series

  • Opportunity Knocks for TJ Lateef in Las Vegas Bowl
  • Nyziah Hunter’s Chance to Reassert Himself As Top Receiver


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