Nebraska voters will consider a pair of questions about legalizing marijuana for medicinal use in the state as the state investigates the validity of the collected signatures that put them on the ballot.
On Sept. 13, the state’s deadline to certify ballot measures, Nebraska Secretary of State Bob Evnen announced that he certified two initiatives—the Medical Cannabis Regulation and the Medical Cannabis Patient Protection—to appear on the Nov. 5 ballot. Possessing marijuana is currently illegal in the Cornhusker State.
The certification decision came only hours after Attorney General Mike Hilgers and Hall County Attorney Martin Klein announced they are charging Michael Egbert of Grand Island, Nebraska, with a class IV felony for his alleged role in placing fraudulent signatures on both petitions.
In a statement published by his office, Evnen said he is aware of the felony charge and accusations of fraud, but it “appears [both petitions] have met the threshold signature requirements.”
“That could change in light of the attorney general’s investigation,” Evnen said in a release. “Both cannabis petitions will appear on the ballot, but a court could order later that the initiatives be thrown out.”
According to a Sept. 13 release distributed by the Nebraska Attorney General’s Office, Hall County Election Commissioner Tracy Overstreet detected irregularities on 17 pages of signatures attached to the petition for Nebraska Medical Cannabis Regulation. The commissioner also found 21 pages of suspect endorsements on the Nebraska Medical Cannabis Patient Protection petition.
Officially, Egbert is charged with false swearing to a circulator’s affidavit on a petition. The penalty for this class IV felony ranges from probation to two years in prison, and up to a $10,000 fine.
In a press conference, Hall said Egbert is accused of writing down people’s names out of a phone book—including deceased individuals—and fraudulently signing the names of others. An arrest in the case is set for the “near future,” Hall said.
In a statement published on the social media platform X, Nebraskans for Medical Marijuana (NMM), a group sponsoring the petitions, said they supported the prosecution of any alleged irregularities. The group said it is “grateful” that state and county authorities are investigating the matter to protect the integrity of the process.
“Today marks a momentous day for the patients of Nebraska, who are one step closer to safe and regulated medical cannabis access,” NMM campaign manager Crista Eggers said in a statement on X. “We look forward to November when the people’s voice on this issue will finally be heard.”
Marijuana is legal for medicinal use in more than 30 states, among which about a dozen allow recreational use.
Possession of the drug is illegal under federal law. According to the U.S. Department of Justice’s Drug Enforcement Agency, marijuana is a Schedule I controlled substance—alongside heroin, LSD, and MDMA—with “no currently accepted medical use and a high potential for abuse.”
